Police Manual, Cincinnati PD OH, 2003
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10.000
10.000 PROCEDURE MANUAL AND OTHER BINDING
WRITTEN DIRECTIVES
Purpose:
To provide an official guide outlining the way to do many of the routine
operations which confront the Cincinnati Police Department.
To provide efficient methods and high standards for procedures, rules,
regulations, policies and directives recognized as official policy and applied on a
department-wide basis.
Policy:
This Cincinnati Police Department Procedure Manual, as well as all other Police
Department procedures, rules, regulations, policies, and directives are used to
maintain compliance for accreditation by CALEA (Commission on Accreditation
for Law Enforcement Agencies, Inc.).
The nature of police service is such that it is impossible to develop a procedure,
plan, or other binding directive for every situation that might arise. Therefore,
district/section/unit commanding officers have the duty of thoroughly reviewing
the activities of subordinates, as they must assume the ultimate responsibility for
defects and weaknesses in police work.
Procedure:
A.
Department Binding Directives include:
1.
The Procedure Manual, Manual of Rules and Regulations and
Disciplinary Process for the Cincinnati Police Department, Staff Notes,
Job Descriptions, Bureau/District/Section/Unit Standard Operating
Procedure’s (SOP), Department Operations Manuals and all
Department approved instructional materials, including Ohio Police
Officer Training Academy lesson plans. Forms 17 approved by the
Police Chief; Forms 17 or other memos authored by bureau, section,
or unit commanders are considered binding upon all personnel
permanently or temporarily assigned to their command.
a.
2.
Staff Note items are binding for one year from the date of
publication, unless added to other Department binding
directives.
Procedures and other binding Department directives will be issued by
authority of the Police Chief through the Department Staff Notes. The
Police Chief may cancel, revise, amend, or add to any procedure or
other binding directive whenever he deems necessary.
Rev. 08/19/03, Replaces 4/97
1
10.000
3.
Officers may request changes in procedures or other binding
directives by submitting a Form 17 through their chain of command to
the Police Chief, stating reasons why such change is necessary or
desirable. After thorough research, necessary changes will be made
for the Chief's approval. All revisions will then appear in the
Department Staff Notes.
4.
Command and supervisory officers will thoroughly acquaint
themselves with the Procedure Manual, other binding directives, and
all changes. When a change occurs, supervisors will ensure it has
been carefully and thoroughly explained to members of their
command.
a.
After all personnel are thoroughly informed; file the procedure or
other binding directive in the appropriate manual.
1)
B.
Other Binding Directives include:
1.
C.
Use the decimal serial number as a guide for the
Procedure Manual. The Table of Contents and the Index
will also be properly marked according to instructions
accompanying new or amended procedures.
Federal, State and Local laws and ordinances, Labor Agreement by
and between Queen City Lodge #69 Fraternal Order of Police and the
City of Cincinnati, Labor-Management Agreement by and between the
City of Cincinnati and Ohio Council 8 and Locals 190, 223, 240, 250,
1543 and 3119 American Federation of State, County, and Municipal
Employees AFL-CIO, Civil Service Rules and Regulations, City of
Cincinnati Administrative Rules and Regulations, City of Cincinnati
Personnel, Policies and Procedures and written or verbal orders
issued by a superior officer.
Forms:
1.
Initiate/revise forms for Department use using the same process as
procedures and other binding directives. With the Police Chief's
approval, new/revised forms will appear in the Department Staff
Notes.
Rev. 08/19/03, Replaces 4/97
2
10.010
10.010 DISTRIBUTION OF POLICIES, PROCEDURES AND
OTHER DIRECTIVES
Reference:
Procedure 10.000 – Procedure Manual and other Binding Written Directives
Purpose:
To promptly provide all Department members with current revisions and additions
to binding directives so that professional excellence is maintained when
performing various tasks and enforcement of laws and ordinances.
Policy:
The Department will distribute all policies, procedures and other directives to all
personnel within the Department through weekly Staff Notes.
Procedure:
A.
Bureau Commanders will:
1.
B.
Distribute Staff Notes to all District and Section commanders under
their command every Tuesday at the Department staff meeting.
District/Section Commanders will:
1.
Ensure that all personnel under their command are made aware of
any new or revised policies, procedures or other directives contained
in the weekly Staff Notes.
a.
Ensure that a check-off list is completed weekly indicating that
personnel under their command were made aware of new or
revised policies, procedures or other directives contained in the
Staff Notes.
b.
Maintain a file of completed check-off lists attached to the
respective copy of the Staff Notes.
1)
c.
2.
Retain the check-off lists for the current year plus three
previous years.
On November 1st of each year, forward a sample copy of a
check-off list, which was completed during that year, to the
Accreditation manager for insertion into CALEA files.
By January 31st, annually inspect the manuals of personnel under
their command to ensure new or revised policies, procedures or other
directives have been properly filed within the prior 12-month period.
a.
Retain a check-off list for the current year plus three previous
years.
Revised 03/24/09, Replaces 05/00
1
10.010
3.
Maintain a District/Section Standard Operating Procedure (SOP)
a.
b.
An SOP is a document containing instructions on how personnel
within a District/Section perform certain tasks.
1)
Ensures routine jobs are performed uniformly and in
compliance with Department policy and procedure.
2)
Covers the unique operation of a specific District/Section.
3)
Should not be a replication of the Procedure Manual.
One SOP book will be maintained for each District/Section which
will contain a separate section for each unit within that particular
District/Section.
1)
There will be a separate SOP for any specialized unit within
a District/Section that has different operations than the
general personnel assigned to the District/Section.
2)
The SOP books will be crafted using the blank SOP
templates located in the CPDFORMS folder on the
Department’s “H” drive and contain the following:
a)
Cover page.
b)
Table of Contents
c)
Effective date
d)
Revised date
e)
Reviewed date
3)
SOP’s will be written in an outline form.
4)
The SOP’s will be written using the following numbering
system.
a)
Any SOP that refers to the operations for anyone
assigned to the District/Section would be listed under
section 1.00.
b)
Additional SOP’s under this section would be
numbered sequentially, increasing .05 increments.
Example: 1.00, 1.05, 1.10, etc.
c) Each separate unit SOP under a District/Section will be
numbered separately beginning with different whole
number. Example: Inspections Section would begin
with 1.00 for the entire section. Court Control 2.00,
2.05, etc. Detail Coordination 3.00, 3.05, etc.
Revised 03/24/09, Replaces 05/00
2
10.010
5)
District/Section Commanders will review their respective
SOP’s at least once every year.
a)
C.
District/Section SOP’s will be reviewed whenever
there is a new District/Section Commander.
Department Personnel will:
1.
Complete a check-off list indicating that they were made aware of
changes to policies, procedures or other directives contained in the
Staff Notes.
2.
Thoroughly acquaint themselves with new or revised policies,
procedures or other directives contained in the Staff Notes.
3.
Update each appropriate manual with each policy, procedure or other
directive contained in the Staff Notes.
Revised 03/24/09, Replaces 05/00
3
11.000
11.000 FORMS APPROVED FOR DEPARTMENT USE
Form
Number
Form Title
Procedure
References
1-S
Requisition for Materials, Supplies and
Services
17.100
OTEA-1
Office and Technical Equipment
Request Form
17.100
AE-2
Alarm Unit Letter - Notification
of 3 false alarms
17.100
CinCom 1
Radio Dispatch Card
17.100
CinCom 2
Auto Theft Card (buff)
17.100
CinCom 2
Stolen License Plate Card (green)
17.100
CinCom 2
Unauthorized Use of Motor Vehicle
(pink)
17.100
CinCom 2
Lost License Plate Card (blue)
17.100
CinCom 3
Additional Information Card (orange)
17.100
CinCom 4
Wrecker Dispatch Card (buff)
17.100
CS-8
Certificate of Military Training Pay
IS-1
Intelligence Section Daily Activity
Report
17.100
IS-2
Intelligence Report
17.100
IS-3
Inquiry Form
17.100
IS-4
Intelligence Data Card (yellow)
17.100
Rev. 05/05/09, Replaces 02/24/09
1
11.000
Form
Number
Form Title
OH-1
Ohio Traffic Crash Report
12.035
12.145
12.225
12.265
12.900
13.105
17.100
18.120
OH-2
Ohio Traffic Crash - Diagram/Narrative
None
OH-3
Ohio Traffic Accident Witness Statement
12.230
OH-4
Ohio Traffic Crash Report (Addendum)
12.225
OH-5
Ohio Truck & Bus Crash Report Supplement
F-2
AFFIDAVIT Hamilton County Municipal Court
None
S-3
COMPLAINT Hamilton County Municipal Court
None
F-3
WARRANT Hamilton County Municipal Court
None
2-S
Authorization for Payroll Deduction
None
RC-2
Schedule of Records Retention and
Disposition
None
RC-3
Schedule of Record Retention and
Destruction
17.100
3S
Changes to Hours Balance
16.105
17.100
6-S
Lost Time Notice
None
8
Requisition, Certification and
Appointment
17.100
8C
Change Order
None
9
Request for Certification of Contract or
Agreement
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
2
11.000
Form
Number
Form Title
Procedure
References
10
Cincinnati Police Department Supply
Requisition
12.245
17.100
17.110
10S
Cash Receipts Schedule
17.100
11
Personal Portable Radio Inventory
17.100
11-1
Commendations
18.110
19.145
11A
Cellular Phone/Pager Control Form
17.100
F12S
Storehouse Requisition
17.100
12FB
Fingerprint Card
12.905
17.100
12FW
Fingerprint Card
17.100
12MB
Fingerprint Card
17.100
12MW
Fingerprint Card
17.100
12P
Palm Print Card
12.905
17.100
13S
Telephone Message
None
CinCom 14
Description Card on Suspect Vehicle
17.100
14S
City of Cincinnati PERSONNEL ACTION FORM
17.100
19.145
15
Property Envelope
12.715
17.100
15CD
CD/DVD Property Envelope
12.715
17.100
15DIH
Notice of Impoundment and Hearing for a
Vicious Dog
12.115
Rev. 05/05/09, Replaces 02/24/09
3
11.000
Form
Number
Form Title
Procedure
References
CinCom 16
Signal 66 Log Sheet
17.100
17CA
Failure to Appear for Scheduled Court
17CC
Citation Correction
None
17CS
Notice of Civil Suit Received by Department
Member
None
17DC
Change in Detail Assignment
19.140
17DP
Missed Detail
19.140
17IT
Request for Department Information Technology
None
17MPR
Mobile Phone Reimbursement Report
None
17MS
Monthly Substation Inspection
12.190
17QPSR
Problem Solving Report
None
17S
Temporary Transfer Pay for Division I
Employees
None
17S
Request for Paid Overtime
None
17S
Assignment Report Changes
None
17S
Interdepartment Correspondence Sheet
Multiple
17S-A
Interdepartment Correspondence Sheet
Multiple
17S-B
Interdepartment Correspondence Sheet
Multiple
17SS
Substation Request
12.190
PSA-17
Personal Sidearm Approval Request
18A
Weapons Discharge at an Animal
12.025
17.100
12.550
18AD
Accidental Discharge
12.550
Rev. 05/05/09, Replaces 02/24/09
4
11.000
Form
Number
Form Title
18C
Use of Canine
12.140
12.141
12.545
18CD
Canine Field Deployment Report
None
18CI
Use of Chemical Irritant
12.545
18F
Minor Use of Force/Injury to Prisoner
12.545
18I
Injury to Prisoner
12.545
18NC
Noncompliant Suspect/Arrestee Report
12.545
18S
Petty Cash Reimbursement Voucher
16.100
18SW
Supplemental Witness List
None
18T
Use of Taser (diagram)
12.545
18TBFP
Use of Taser
12.545
19
Inter-Department Bill and Settlement
Voucher
17.100
21S
Schedule of Accounts Receivable
17.100
21
Ohio Division of Wildlife Deer Killed by
Motor Vehicle
12.225
24
Cancellation or Change Order
17.100
25S
Request for Leave of Absence
12.815
12.825
12.826
12.830
16.110
17.100
19.105
19.106
19.135
27-S
Local Mileage Report
None
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
5
11.000
Form
Number
Form Title
Procedure
References
28
Application for Purchase or Transfer
of a Firearm
17.100
28-A
Application for Purchase/Transfer of a
Firearm Control Ledger
17.100
28-B
Transfer of a Firearm card
17.100
28-C
Application for Registration of a
Firearm - Owner's Information
17.100
31P
Change in Personal Information
17.100
19.145
32S
Notice of Disciplinary Action or Layoff
17.100
33
Resignation
17.100
19.150
33S
Requisition for Materials, Supplies and
Services (Emergency)
None
34
Vehicle Pursuit Report
12.535
36
Charges Preferred Against Member
17.100
36S
City of Cincinnati Inter-Department Order
17.100
37S
Claim Voucher - Invoice
13.115
16.125
17.100
S 38L
Reproduction Order
17.100
17.110
44
Requisition for Sale of Obsolete
Materials
17.100
17.110
55
Letter of Understanding
17.100
19.140
56
Police Escort Letter of Understanding
17.100
19.140
Rev. 05/05/09, Replaces 02/24/09
6
11.000
Form
Number
Form Title
Procedure
References
58A
Agency - Vendor Application
None
64
Property Tag
12.705
12.715
17.100
65
Suggestion Box Report
None
66
Traffic Warning Tag Sets
17.100
66S
Notice of Official Reprimand
17.100
68P
Overtime and Court Appearance Report
12.815
12.820
12.825
12.826
17.100
19.140
70S
Request for Permission to Travel
13.115
16.125
17.100
70T
Request for Outside Training
13.115
71S
Statement of Travel Expense
13.115
16.125
17.100
72
Term Purchase Release
17.100
74S
Injury with Pay Recommendation
17.100
19.105
75S
Fuel Inventory Report
17.100
77
Specialized Assignment Application
13.112
78
Civilian Assignment Availability
13.113
80S
Application and Approval Form for
Tuition Reimbursement
13.115
17.100
Rev. 05/05/09, Replaces 02/24/09
7
11.000
Form
Number
Form Title
81S
Deposited in City Treasury
16.100
17.100
83S
Delinquent Account Referral
None
84-S
Record of Manual Fuel Disbursements
None
85S
Record of Manual Fuel Disbursements
None
90SP
Supervisors Review of Vehicle Crash
12.035
12.171
17.100
91SP
Supervisor Investigation of Employee
Injury
12.141
12.142
13.120
15.112
17.100
19.105
19.145
93S
Notice of Lost Time
17.100
19.105
DIS-94
Forfeiture Application
12.735
17.100
96
City Physician Report
19.105
96-D
Random Drug Test Notification
97
Medical Disclosure Form
98-S
Personal Data Authorization Form
None
99
Information for Dismissed Personnel
None
100
Notification of Rights and Responsibilities
Cincinnati Police Division Employees
CW100
Warrant Control Card
None
CDOP 100
Emergency Lineup
12.165
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
8
11.000
Form
Number
Form Title
Procedure
References
CDOP 101
Emergency Lineup
12.170
PG 101
Consent Agreement (polygraph)
12.630
CDOP 103
CDOP Equipment Inventory
12.170
17.100
CDOP 103A
CDOP Facility Security and Maintenance Inspection
12.170
CDOP 105
Command Post
None
110
Polygraph Consent Agreement
None
111
Polygraph Assessment
None
112
Background Information Sheet
None
120-4
City Treasury Department Receipt
17.100
DT-126
TELECOMMUNICATIONS (repair form)
17.100
PR 134
Police Property Room (Firearms list)
17.100
137
Prisoner's Description
17.100
137F
Felon Registration Form
17.100
188
Personal Crimes Unit Investigative Report
12.910
17.100
189
Fingerprints and Photographs Report
12.905
17.100
190
Request for Elimination Prints
12.350
195
Picture Labels
None
202
Weekly Time Report
16.130
17.100
202A
Commanding Officer's Daily Time Report
12.710
202C
Non-Sworn Employees Weekly Time Report
None
Rev. 05/05/09, Replaces 02/24/09
9
11.000
Form
Number
Form Title
211
Application for Media ID Card
17.100
18.115
243-A
Conviction Record Transcript
12.130
245
Daily Cash Receipts
17.100
264
Uniform Card
12.020
17.100
268
Junkyard Inspection Report
None
271
Tow Truck Inspection Guide
None
272
Affidavit
12.735
273
Notice of Seizure/Proof of Service
12.735
275
Court Order for Release of Property
17.100
276
Daily Traffic Accident Summary
17.100
277
Confidential Informant (CI) Registration
and Reliability Report Initial Debriefing
Only
12.131
17.100
277A
Controlling District/Section/Unit
Debriefing Report
12.131
278
Cooperating Individual Agreement
12.131
17.100
279
279A
Confidential Informant Receipt
Confidential Informant Receipt Part I
12.131
12.131
279B
Confidential Informant Receipt Part II
12.131
17.100
280
Cooperating Individual Release of All
Claims
12.131
17.100
281
Concealed Transmitter and Recording
Consent
12.131
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
10
11.000
Form
Number
Form Title
Procedure
References
300-B
Identification Bureau Index Card
17.100
300-W
Criminalistics Section Index Card
17.100
301
Incident Report
301-AS
Arrest Supplement
301-PS
Property Supplement
301-SS
Suspect Supplement
301-VVS
Victim/Vehicle Supplement
303
Motor Vehicle Incident Report
304
Missing Report
304A
Amber Alert Plan
12.912
305
Complaint Report
12.445
13.105
17.100
306
Preventive Patrol Report
308
Receipt for Traffic Citation
Tags
12.245
17.100
308E
Traffic Violations Envelope
None
309
Inactive Case Warrants
310
Premise History Control
311
Incident Closure Report
Rev. 05/05/09, Replaces 02/24/09
12.101
17.100
11
11.000
Form
Number
Form Title
311A
Preliminary Investigation Report
12.300
12.315
12.400
12.405
12.412
12.430
17.100
18.120
311-ADD
Supplementary Offense Report Addendum
None
311B
Early Closure Offense Card
17.100
311C
Reported Hit Skip Auto Accident Card
17.100
311CW
Canvas/Witness Information Summary
None
311DV
Domestic Violence Investigation Report
18.120
311G
General Supplement
None
311N
Narrative Supplement
None
311ON
Police Officer’s Notes
None
311R
Investigative Response Postcard
312
Criminal Arrest Form
17.100
313
Firearm Report
12.400
12.705
17.100
314
Notice to Appear
12.100
12.250
12.265
12.275
12.555
12.600
12.720
12.900
17.100
19.150
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
12
11.000
Form
Number
Form Title
315
Alarm Response Report
12.135
12.136
17.100
316
Minor Accident or Aided Case Report
12.106
12.110
12.115
12.141
12.145
12.400
12.415
12.555
12.910
13.105
17.100
18.120
316A
Deceased Person Report
12.145
12.400
12.615
317
General Conditions Report
318
Report of Conditions Affecting Other
Departments
322
Report of Articles Received by Pawnbroker
or Dealer
323
Report of Purchase of Stained/Beveled
Glass
None
323M
Report of Purchase of Precious Metals/
Stones
17.100
326
Property Check Out Card
12.715
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
12.035
12.205
12.225
12.250
12.401
12.435
13.105
17.100
17.100
13
11.000
Form
Number
Form Title
327
Property Held for Court Tag
12.235
12.705
12.715
12.720
17.100
328
Pharmaceutical Diversion Unit
Prescription Receipt Form
12.715
330
Property Receipt
12.130
12.235
12.240
12.265
12.270
12.320
12.350
12.420
12.705
12.710
12.715
12.720
17.100
332
Firearms Release Form
12.715
335A
Sworn Daily Shift Differential Report
16.120
17.100
335B
Annual Shift Differential Report
16.120
17.100
335C
Nonsworn Biweekly Shift Differential
Report
16.120
17.100
337
UCR Report of Adult Arrests by Arresting
Unit
17.100
338
UCR Report of Total Arrests by Arresting
Unit
17.100
339
Police Property Record
None
341
Cincinnati Police Departmental Receipt
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
14
11.000
Form
Number
Form Title
Procedure
References
368
Abandoned Vehicle Sticker
12.275
369
Towing Report
12.200
12.255
12.265
12.270
12.275
12.420
12.735
17.100
370
Towing Service Claim Voucher
17.100
370A
Towing Service Claim Voucher-Attachment
17.100
392
Personal Crime Squad Card
17.100
400
Employee Separation Time Report
19.150
405
Personal Crimes Unit Report of Missing
Persons
None
413-35
Photo Negative Record
17.100
425
Motor Vehicle Repair Report
12.030
17.100
426
Mileage Report
12.030
17.100
427
Vehicle Inspection Report
12.030
17.100
427A
Maintenance Inspection Sheet
12.030
428
Mountain Bike Inspection Report
None
428A
Mountain Bike Inspection Summary
None
429
Take Home Vehicle Report
12.030
17.100
430
Lease Vehicle Exchange Form
None
Rev. 05/05/09, Replaces 02/24/09
15
11.000
Form
Number
Form Title
434
Nonsworn Employee's Daily Time Report
12.825
16.130
17.100
435
Cincinnati Police Division Paid
Overtime Report
12.825
12.826
17.100
19.140
436A
Daily Activity Record
12.101
13.105
17.100
18.105
436B
Monthly Composite - Officer's Daily
Activity Record
13.105
17.100
436MP
Mounted Daily Activity Record
None
437A
K9 Daily Activity Record
437B
Monthly Composite - Officer’s Daily
Activity Record
437C
Canine Officer’s Activity Record
Yearly Composite
438
Personnel Index Card
439A
Shift Selection Form
439B
Shift Selection Form
439C
Shift Selection Form
440
Voluntary Shift Deviation
441
Personal History Statement
17.100
441-A
Personal History Statement
17.100
19.145
442
Service in U.S. Armed Forces
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
19.105
16
11.000
Form
Number
Form Title
443
Voluntary Off-Day Deviation
444
Administrative Remarks
13.100
445
Continuous Service Record
17.100
19.145
446
Miscellaneous
17.100
19.145
447
Motor Vehicle Examination Record
17.100
19.145
448
Sworn Performance Report
17.100
448S
Evaluation Supplement Log
13.107
15.130
17.100
19.105
19.145
449
Efficiency Ratings Percentile
17.100
19.145
450
Request for NCIC/LEADS
Wanted Person Computer Entry
12.727
17.100
457
Evidence Examination Work Sheet
12.350
17.100
457V
Video Examination Work Sheet
17.100
474
Renewal, Transfer or Issuance of
Liquor Licenses
12.130
17.100
479
Station Key Book
17.100
481
Warrant Transfer
12.260
17.100
484
Analytical Report for Liquor Violations
12.720
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
17
11.000
Form
Number
Form Title
495
Intoxication Report
12.235
17.100
496
DUI Investigation Record Envelope
12.235
17.100
497
DUI Jacket Sign-Out Log
None
505D
Juvenile Curfew Daily Activity Report
505HS
Juvenile Curfew Violator Head Sheet
505L
Juvenile Curfew Log Sheet
506
Personal Crimes Complaint Memorandum
515
Volunteer Cincinnati - Volunteer
Application Form for Volunteers in
City Government
516
Office Request for Volunteers
517
Volunteer Cincinnati - Volunteer
Volunteer Agreement
518
Volunteer Cincinnati - Confidentiality
Statement
521
Application for Employment - Adult
School Crossing Guard
17.100
524
Monthly Vice Activity Report
None
526
Vice Activity Report
12.130
12.720
12.735
12.555
17.100
526A
Liquor Permit Premise Vice Activity
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
12.430
12.900
17.100
18
11.000
Form
Number
Form Title
527
Arrest and Investigation Report
12.110
12.130
12.235
12.240
12.270
12.320
12.405
12.505
12.545
12.555
12.600
12.605
12.720
12.727
12.735
12.810
12.900
12.905
17.100
527A
Case and Bond Information Sheet
12.125
12.412
12.545
12.555
12.805
527B
Trial Preparation Report
12.555
17.100
12.900
527E
Case Investigation Jacket
12.555
527J
Juvenile case Investigation Jacket
12.900
528
Accident Information Exchange Form
12.225
529
Liquor Arrests and Violations on
Permit Premises
12.130
17.100
529LI
Liquor Permit Premise Inspection Report
12.130
533
Hit Skip Supplement Report
12.225
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
19
11.000
Form
Number
Form Title
534
Field Interview Report
12.554
17.100
541
Charge Memorandum - Accident Reports
None
555
Juvenile Pre-Sentence Probation Investigation
12.900
558
False Check Complaint
17.100
560
Community Problem Solving Worksheet
None
561
CPOP Action Summary
None
562
CPOP Resource Request
None
580
Personal Information Release Form
17.100
581
Request for Records Check
17.100
586
Mobilization Alert
12.165
17.100
586A
Recall Test Alert
12.165
599
Firearms and Ammunition Inventory
12.125
17.100
600
Notification/Waiver of Rights
12.235
12.630
17.100
601
Consent to Search Without a Warrant
12.700
17.100
601PV
Consent to Search Person or Vehicle
12.700
17.100
602
Search Authorization (Strip/Body Cavity)
12.600
17.100
603
Consent to a Chemical Test Without a
Warrant
12.230
604
Request for Release of Records
None
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
20
11.000
Form
Number
Form Title
605
Notification of Release
606
Records Request
607
Line-Up Waiver
None
607A
Witness Preparation Form
None
608
Peer Support Program Policy
609
Police Communications Section Records Request
None
610
Search Warrant Risk Assessment Matrix
None
611
Biological Evidence Submission
None
612
Instructions for Civilian Observer Program
613
Search Warrant Inventory
None
614
Log Sheet
17.100
620
Business-Night Number Card
17.100
624
Uniforms and Equipment (Check-Off Sheet)
17.100
19.150
628
Public Appearance Report
17.100
18.135
630
Cincinnati Police Division Equipment/
Supply/Service Order Form
12.020
12.546
17.100
17.110
635
Card Form to Obtain Accident Report
None
638
Warrant Notice Card
None
639
Moving Violations Log
17.100
641
Summary of Background Investigation
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
12.404
17.100
21
11.000
Form
Number
Form Title
643
Information Desk Report
14.105
17.100
644
Daily Observation Report
13.100
644S
DOR Supplemental Report
646A
Field Training Officer Program FTO
Sergeant’s Weekly Report
13.100
646B
Shift Cmdr's Review and Narrative
Comments
13.100
647
F.T.O. Final Evaluation Report
13.100
17.100
647A
F.T.O. Supervisor Monthly Report
13.100
648
Citizen Complaint or Information
15.100
15.105
17.100
648A
Citizen Complaint Resolution Process
Acknowledgment of Participation in
Resolution Meeting
648B
Citizen Complaint Resolution Process
Resolution Disposition
652
Release of Medical Record Information
12.140
17.100
654
Citation Cancellation Request
12.215
12.250
12.251
17.100
655M
Minor Misdemeanor Fine Schedule
None
655P
CPI Fine Schedule
12.240
655R
Victim Assistance
12.410
12.412
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
22
11.000
Form
Number
Form Title
Procedure
References
655T
MUTT Payout Instructions
12.240
656
Crime Victim Crisis Phone Numbers
657
Long Distance Telephone Report
14.110
14.120
17.100
657A
Monthly Long Distance Telephone Report
14.110
14.120
17.100
660
Warrant Holder Placed Slip
17.100
661
Hospital Prisoner's Visitor Registration
12.610
17.100
662
Prisoner Phone Log
12.610
663
On-Call Court Appearance
12.816
17.100
664
Court Appearance Control Form
12.815
668
Outside Employment Work Permit
17.100
19.140
668A
Acknowledgment by the Secondary Employer
19.140
668B
Detail Assignment Roster
17.100
19.140
668C
Overtime Availability Form
19.140
669
Inspection of Outside Employment Details
19.140
670
Inter-Departmental Warrant Control Form
None
674
Case Delay Request Card
12.815
675P
Address Information Request (Post Office)
12.260
12.520
Rev. 05/05/09, Replaces 02/24/09
23
11.000
Form
Number
Form Title
678
Change in Court Appearance
12.810
12.815
17.100
680
Criminal Pursuit Fund Expense Report
12.620
682
Citation Arrest Summary
12.555
17.100
682A
Notice of Civil Offense Summary
None
683
Vehicle Crash Report Log
12.225
685
Report of Investigation
None
687
Auto Fatality Report
17.100
689
Abandoned Building Status Report
None
690
Visitors Log Sheet
12.021
MVR1
In-Car Camera/Video Tape Log
12.537
MVR2
In-Car Camera/Spare Tape Log
12.537
MVR3
MVR Tape Custody Log
12.537
BMV-2255
Administrative License Suspension
12.235
ALI Discrepancy
None
Application for Neighborhood Watch Signs
None
Assignment Report Changes
None
Auction Records
17.100
Blockwatcher Cards
None
Blotter
17.100
Budget Working Papers
17.100
Rev. 05/05/09, Replaces 02/24/09
Procedure
References
24
11.000
Form
Number
Form Title
Procedure
References
Bureau of Criminal Identification (BCI)
Civilian Identification Ten Print Card
12.131
Bureau of Motor Vehicles Envelope
None
Burglary Prevention Check List
None
Card Request Form
None
Cars Cleared
None
Cartridge Envelope
None
CHRC Suspected Hate Crime Incident
Referral
None
Changes to Assignment Report
None
Cincinnati CAD System Defect Report
None
Cincinnati Parking Infraction (CPI)
12.215
12.245
12.250
12.251
12.270
12.520
12.900
17.100
19.150
Cincinnati Police Line Up
None
CINSITE Command Review
None
Citizen Complaints Posters
None
Citizen Complaints Cards
None
Citizen Complaint Form Check List for Libraries
None
City Letterhead Correspondence
Civilian Observer Badge
17.100
Classified Expense Report
17.100
Rev. 05/05/09, Replaces 02/24/09
25
11.000
Form
Number
Form Title
Procedure
References
Classified Revenue Report
17.100
Code Sheet for NIBRS Forms
Communication Incident History Fiche
17.100
Completion of 3 Month Training Session
Confiscated Property Notice
BMV-2270
Contracts for Leased Vehicles
None
Court Control Log Sheet
17.100
Court Issued Immobilization Notices
12.270
Criminal Information Jacket
17.100
Daily Lineup
12.000
Daily Observation Report
Daily Radio Inventory Sheets
17.100
Daily Worksheet (TCRU)
None
Damage Claims
None
Destruction Records
17.100
Detailed Entry Report
17.100
Discretionary Car Report
17.100
Dispatcher Training and Evaluation
None
Program Daily Observation Report
Domestic Violence Report, State of
Ohio (BCI-18)
17.100
Driver's License Verification
None
Rev. 05/05/09, Replaces 02/24/09
26
11.000
Form
Number
Form Title
Procedure
References
EEO/AAP Employee Relations Complaint Form
None
Encumbrance Report Program
17.100
Evidence Submission Form
12.720
Excessive Sound From a Motor Vehicle
Ordinance Tracking Sheet
Expense Distribution Process/Report
17.100
Financial Responsibility Proof
None
Front Yard Stickers
Gang Hotline Complaint Form
Personal Information
Grant Forms
17.100
Gun Envelope
None
Hamilton County Coroner's Evidence
Submission Form
12.235
Hamilton County Morgue/University
17.100
Hospital Receipt
BMV-3608
Hit Skip Auto Accident Letter
None
In Case of Holdup
None
Hold Up Information Sheet
None
Intelligence Reports
17.100
Investigative Unit Key Book
17.100
Items Confiscated/Impounded by Law
Enforcement for Return to BMV
None
Leasing Agreement Documents
17.100
Rev. 05/05/09, Replaces 02/24/09
27
11.000
Form
Number
RCIC-MOV
BMV-3303
Form Title
Procedure
References
Liquor Jackets
12.130
17.100
Master Log Book
12.715
17.100
Media Teletype
17.100
18.120
Mobile Command Center Telephone Record
12.171
Modus Operandi Supplementary Report
12.380
Monthly Substation Inspection Check List
None
Motion for Continuance
17.100
State of Ohio Motor Vehicle Crash Report
12.035
Notice of Vehicle Impoundment
12.270
Notice to Lien Holder or Owner of
Impounded Vehicle
None
Officer's Ledger of Violation (CTT,
MUTT and NTA)
12.215
12.240
12.555
17.100
Ohio (Multi-Count) Uniform Traffic
Ticket (MUTT)
12.215
12.220
12.230
12.235
12.240
12.245
12.250
12.270
12.900
17.100
19.105
Payroll Attendance Record
17.100
Payroll Processing/Gross Pay Register
17.100
Rev. 05/05/09, Replaces 02/24/09
28
11.000
Form
Number
Form Title
Procedure
References
Affidavit for Installation of a Pen
Register Device & Trap and Trace
Application for Installation of a Pen
Device & Trap and Trace
Entry for Installation of a Pen Register
Device & Trap and Trace
Personnel Bulletins
17.100
Personnel Distribution List
17.100
Personnel Information Sheet
Planning Section Commander Request Form
None
Police Clergy Roster and SOP
17.100
18.106
Police Communications Section Headset
Service Record
None
CinCom RR-1 Police Communications Section Records
Request
CinCom RL-1 Police Communications Section Form
Police Communications Section Report
None
Police Notification
12.130
Police Vehicle Damage Record
12.035
Private Police Application
Large and Small Property Bags
Pursuit of Criminal Funds
12.620
17.100
Radio Log Sheet
17.100
Recommendation for Salary Step-up
17.100
Rev. 05/05/09, Replaces 02/24/09
29
11.000
Form
Number
BMV-2308
Form Title
Procedure
References
Registered Mail Receipt
17.100
Request for Driver License Examination
or Recertification
None
Report of Favorable Police Conduct Cards
None
Request for Paid Overtime
None
Robbery Key Book
None
Robbery Task Force Cars Cleared Report
None
Salary Step-up
17.100
School Crossing Guard Information
None
Send Police Sticker
None
Seniority List
17.100
Separations
17.100
19.150
Service Feedback Cards
None
Situational Occurrences Notification
List Police Shootings
HP 3A
State Highway Patrol Aircraft Accident
Record
12.145
HP 70
State Highway Patrol Investigative
Field Sketch
12.145
State of Ohio Intoxilyzer Log Book
12.235
State of Ohio Intoxilyzer Test Report
12.235
State of Ohio Test Card Record
12.235
Subpoena Book
12.810
17.100
HEA 2652
Rev. 05/05/09, Replaces 02/24/09
30
11.000
Form
Number
Form Title
Procedure
References
Vice Statistics Report for the Month of
None
Visitor Pass
12.021
Teletype
14.115
17.100
Timebook
17.100
Traffic Warning Record
None
Unit Property Book
12.710
17.100
Vehicle Jackets
12.030
17.100
Vice Statistics Report for the Month of
None
Visitor Pass
12.021
Warrant Book
17.100
Warrant Recalls
17.100
Warrant Unit Hold Card
12.260
12.900
17.100
Request for Family/Medical Leave
Rev. 05/05/09, Replaces 02/24/09
31
12.000
12.000 SHIFT LINEUP TO POLICE COMMUNICATIONS
SECTION
Policy:
Officers will ensure lineups are accurate and complete prior to submission to
Police Communications Section (PCS). The submitting officer will send the
lineup in a timely manner. All districts/sections/units that have officers working in
the field will submit a lineup.
Procedure:
A.
District/section/unit supervisors will save a copy of the next day or current
lineup in the “Lineups to PCS” folder on the H: drive, utilizing the following
format:
1. District/section/unit, shift, date. Example, District One, Second Shift,
123107.
2. Lineups will be saved to the H: drive no later than 30 minutes before
the start of each shift and no earlier than 24 hours before the start of
the next shift.
3. Immediately telephone lineup changes to PCS at 263-8119.
B.
Police Communications Section will retrieve the lineup and have the
information entered into the Computer Aided Dispatch System.
1. Police Communications Section administrative staff will delete the
previous day’s files within three working days.
Rev. 07/10/07, Replaces 02/21/06
1
12.010
12.010 ROLL CALL AND PERSONNEL INSPECTION
References:
Procedure 12.020 - Uniforms, Related Equipment, and Personal Grooming
Procedure 12.025 - Authorized Weapons
Manual of Rules and Regulations 1.16E, 3.01A and B
Purpose:
To ensure all members of the Department are properly equipped, informed, and
uniformly trained to perform their assigned duties.
Policy:
Uniformed sworn personnel will report for duty in a clean and pressed uniform
with the proper attire and equipment. Personnel will present a professional image
at all times. Non-uniformed sworn personnel will report for duty in accordance
with their bureau/section/unit’s standard operating procedure (S.O.P.).
Information:
Slight procedural differences may be necessary in certain units; however the
conduction of roll call and personnel inspection is to be performed uniformly
throughout the Department. Any variations in equipment or uniform parts may
lead to confusion by the public and detract from an impressive, professional
appearance.
Procedure:
A.
Roll Call and Personnel Inspection
1.
All uniformed units will conduct daily roll call and personnel inspection
in the following manner. The inspecting supervisor will follow the
commands in the order listed.
a.
"Fall In"
1)
b.
"At Close Interval, Dress Right, Dress"
1)
c.
Two or more ranks may be used, depending on the
number of officers. Ranks should be four feet apart when
possible.
When the officers have straightened the ranks and are
properly aligned, the supervisor commands, "Ready,
Front."
"Secure Arms, Prepare for Inspection"
1)
Supervisors will carefully inspect the officers for
appearance and proper equipment.
Rev. 02/26/08, Replaces 07/26/05
1
12.010
d.
“Remove Magazines”
1)
e.
When the inspecting supervisor gives the command to
remove magazines, the officer will:
a)
Remove the magazine from the holstered pistol.
b)
Remove magazines from magazine pouch.
c)
Hold all magazines in the non-gun hand so the
inspecting supervisor can verify they are each fully
loaded with the correct amount of ammunition.
"Raise Pistols"
1)
When the inspecting supervisor gives the command to
raise pistols, the officer will:
a)
Draw the pistol from the holster.
b)
Raise the pistol with the muzzle straight up to the
inspecting supervisor's eye level.
c)
As the inspecting supervisor approaches the officer's
right, the officer will rotate the pistol, enabling the
inspecting supervisor to view the chambered round
through the weapon's ejection port.
1]
2)
f.
After inspection, the officer will lower his pistol and return it
to the holster.
"Replace Magazines"
1)
g.
The officer will then reinsert the magazine into the
holstered pistol.
"Raise Tasers"
1)
When the inspecting supervisor gives the command to
raise Tasers, the officer will:
a)
h.
The supervisor will ensure the weapon is
loaded.
Draw the X26 Taser from the holster.
“Remove Cartridge”
a)
The officer will remove the cartridge from the firing
position.
Rev. 02/26/08, Replaces 07/26/05
2
12.010
b)
The inspecting supervisor will then move down the
line and physically take the X26 Taser from each
officer and perform a “spark Test” for one second.
1]
The supervisor will check the battery life
percentage on the Central Information Display
(CID).
2]
If the percentage is less than 20%, the
supervisor will have the Digital Power Magazine
(DPM) battery replaced.
3]
The supervisor will check for a rapid/visible
spark between the electrodes.
2)
After inspection, the officer will replace the air cartridge, reholster and secure his X26 Taser.
3)
If an unintentional discharge occurs during a spark test, or
any other time, an immediate investigation must be
conducted by the district/section/unit commander or his
designee. The designee must be a supervisor of equal or
higher rank than the member who had the unintentional
discharge. A Form 17 will be forwarded to the Police Chief
detailing a full account of the incident.
a)
The deployed cartridge will be disposed of unless
otherwise directed by the district/section/unit
commander.
b)
All documentation related to the incident will be
retained at the district/section/unit of occurrence.
i.
A supervisor calls the roll from this position. When an officer’s
name is called, the officer will answer “Here Sir or Ma’am” and
remain standing at attention.
j.
"Fall Out"
1)
At this time officers may be seated for the reading of roll
call announcements.
2.
All non-uniform units will conduct supervisory inspections of personnel
at the beginning of each tour of duty, according to their bureau's
S.O.P. Supervisors will ensure all non-uniform personnel have all the
required equipment.
3.
Roll Call will be conducted daily.
a.
Items supervisors are to present to personnel at roll call are:
1)
Daily beat and vehicle assignments
2)
Recent crime and crime trends
Rev. 02/26/08, Replaces 07/26/05
3
12.010
3)
Wanted persons and vehicles
4)
Teletype messages
5)
Missing persons
6)
Persons hazardous to police
7)
Reminders for court notifies
8)
Information from previous shifts
9)
General information
10) Review of staff notes, procedure changes and training.
B.
Roll Call Training
1.
Supervisors will provide roll call training on a daily basis.
a.
2.
Supervisors will complete a Form 17 to the Police Academy indicating
training has been conducted.
a.
C.
The Police Academy will publish and distribute a monthly
calendar with procedure reviews, scenario discussion training,
video reviews and any other designated training.
The Form 17 will indicate the district, relief, date, name of the
supervisor presenting training, the number of officers present
and any additional comments regarding the training.
3.
The Form 17 will be reviewed and signed by the district/unit
commander or designee
and forwarded to the Police Academy bimonthly by the 10th of the following month.
4.
Scenario books are maintained in each District.
a.
Scenarios used in roll call training are to be taken from the
scenario book.
b.
An updated book will be maintained and new scenarios received
are to be placed in the book according to their category.
Dismissal and Inspection
1.
Upon shift change, a supervisor will confirm the status of all unit
personnel for dismissal and clear them according to bureau S.O.P.
a.
The supervisor will ensure assigned personnel return all
equipment (e.g. car keys, MVR mics, laser units, etc.) to the
proper location at the end of their shift.
Rev. 02/26/08, Replaces 07/26/05
4
12.010
D.
Weekly Inspections
1.
2.
A supervisor will conduct a thorough weekly inspection of equipment
assigned to officers in the unit. The supervisor will ensure all
equipment is authorized and in good condition. This inspection will
include but is not limited to the following items:
a.
All leather equipment: belts, holster (and snaps), ammunition
case, handcuff case, baton-holder, etc.
b.
Glove pouch with 2 pair of Nitrile exam gloves
c.
Chemical irritant and holder
d.
Firearm and ammunition
Loading and unloading of firearms for inspection
a.
Police personnel will maintain a distance of 15 feet from the
designated safe wall when unloading a firearm.
b.
The officer-in-charge (OIC) will give the command to all police
personnel to form a line facing the safe wall and unload their
firearms at the same time.
c.
Police personnel will keep all firearms pointed at the safe wall
while unloading.
d.
The inspecting supervisor will:
e.
1)
Thoroughly inspect the firearm and verify it is in good
working order, free from dirt and corrosion, and the barrel
is clear.
2)
Check ammunition for age, condition, proper type and
proper number issued.
Once the firearm has been inspected, the OIC will give the
command to all police personnel to reload their firearms.
Rev. 02/26/08, Replaces 07/26/05
5
12.020
12.020 UNIFORMS, RELATED EQUIPMENT, AND
PERSONAL GROOMING
Reference:
Procedure 12.033, Mountain Bikes: Assignment, Use, and Maintenance
Manual of Rules and Regulations – 3.01, 7.04, 8.01, 8.02, 8.03, 8.04
Definitions:
Heat exhaustion – is characterized by muscle cramps, fatigue, headache,
nausea or vomiting, and dizziness or fainting. The skin is often cool and moist,
indicating that the body’s mechanism for cooling itself (i.e. sweating) is still
functioning. The pulse rate is typically fast and weak, and breathing is rapid and
shallow. If untreated, heat exhaustion can progress to heatstroke.
Heatstroke – is a serious, life-threatening condition characterized by a high body
temperature (above 103 degrees Fahrenheit or 39.4 degrees Celsius); red, hot
and dry skin (no sweating); rapid, strong pulse; throbbing headache; dizziness;
nausea; confusion; and unconsciousness. Symptoms can progress to
encephalopathy (disease of the brain), liver and kidney failure and multiple organ
system dysfunction. Prompt treatment with aggressive fluid replacement and
cooling of core body temperature is critical to reducing morbidity (sickness) and
mortality (death rate).
Purpose:
Require all sworn personnel adhere to an approved uniform, equipment and
grooming standard.
Policy:
Sworn personnel will wear only uniforms and equipment issued or approved by
the Department.
Sworn personnel will maintain in good repair and have available a complete
uniform and all related equipment.
Uniformed personnel will carry the X26 Taser at all times.
Department personnel, whether on or off-duty, will wear their badge or
Department issued identification (ID) card while in a police facility.
On-duty Department employees will be properly groomed and dressed and be in
possession of their authorized firearm, badge, and ID card. Department
employees will wear either the uniform of the day (for their respective unit) or
acceptable business attire of conservative color and design.
Revised 12/16/08, Replaces 01/01/08
1
12.020
Information:
During times of extreme high temperatures officers should:
•
Use extreme caution anytime the relative humidity level is greater than
75%.
•
Limit their intake of caffeine.
•
Limit their intake of alcohol off-duty.
•
Replace fluids on a one-to-one ratio. Fluids replaced should not be
exclusively water; sports drinks with electrolytes should be consumed as
well.
Officers should be aware that numerous prescription medications may contribute
to heat related illnesses. It is recommended that officers enter an air-conditioned
environment for at least ten minutes each hour (e.g. patrol cars, districts, substations), and limit the intensity of exercise and exertion to periods of less than
ten minutes per work/rest cycle.
Procedure:
A.
Calendar for the Uniform of the Day
1.
On May 16, uniformed personnel will begin wearing the summer cap,
short sleeve shirt, and necktie.
a.
Specialists/police officers whose primary function is field duties,
including all specialists/police officers assigned to a uniformed
shift, are exempt from wearing the necktie.
1)
b.
All personnel will wear the necktie when wearing any uniform
coat.
c.
Captains and assistant chiefs will wear long sleeve shirts and
ties throughout the year.
2.
On October 1, uniformed personnel will begin wearing the winter cap,
long sleeve shirt, and necktie.
3.
The Patrol Bureau Commander or designee will determine the
uniform of the day in unseasonable weather.
a.
B.
Specialists/police officers in assignments such as collators,
staff assignments, etc., will wear the necktie.
If the uniform of the day is nylon jackets, personnel may wear
either the windbreaker or storm jacket.
Uniforms/Related Equipment - Wearing and Specifications
1.
The Police Department issues the following uniform parts and
equipment to each sworn officer:
Revised 12/16/08, Replaces 01/01/08
2
12.020
a.
Hat and wreath
1)
The summer and winter uniform hat and wreath is worn
straight on the head with the visor down over the forehead.
a)
2)
Do not tilt the hat or wear it on the back of the head.
An officer will wear the trooper hat without the wreath:
a)
Whenever the OIC designates it as the uniform of the
day.
b)
Anytime an officer is exposed to adverse weather
conditions for extended periods of time.
b.
Ike jacket/blouse - dress uniform
c.
Nylon windbreaker
d.
Nylon storm jacket
e.
Raincoat and/or all-weather coat
f.
Topcoat - captains and above
g.
Trousers – summer, winter, and all-weather
h.
Body armor
1)
All sworn personnel below the rank of captain will wear
body armor while on-duty or when working off-duty
extension of police services details.
2)
Captains and above will wear body armor when actively
involved in field operations.
3)
Personnel will wear body armor with both front and back
ballistic panels inserted.
4)
Bureau commanders can approve exemptions to the
wearing of body armor. The officer must submit a written
request through the chain of command. The bureau
commander will consider the following exceptions that, if
approved, will expire January 1 each year:
a)
Administrative and staff assignments including
district/unit desk personnel. A position, rather than an
individual, may be exempt.
b)
Non-uniform investigative assignments; a position,
rather than an individual, may be exempt.
Revised 12/16/08, Replaces 01/01/08
3
12.020
c)
d)
A medical condition which precludes the wearing of
body armor:
1]
The officer must submit a statement from a
physician identifying the condition.
2]
The physician's specialty must be consistent
with the diagnosis and treatment of the identified
condition.
3]
The officer has the responsibility for renewing
the exemption. The exemption may be renewed
using the same process above.
Wearing body armor is mandatory at all times, even
during a heat emergency declared by the City Health
Commissioner.
1]
Only the Police Chief or Acting Police Chief may
approve the removal of body armor.
5)
Exempt officers will have their body armor ready at hand
while on duty.
6)
Regardless of any exemptions, officers will wear body
armor when executing an arrest warrant, search warrant,
during stakeouts which may require enforcement action,
and when directed by a supervisor.
7)
Off-duty officers are not required to wear body armor while
attending court.
i.
Shirts - short and long sleeve
j.
Tie - black clip-on
k.
1)
Officers may wear one small tie-tack, tie bar, or chain on
the tie. The tie-tack, etc., may not be political, obscene, or
offensive in nature.
2)
Refer any questionable items to Inspections Section.
Name plates and Serving Since pins
1)
All uniformed personnel will wear one name plate and the
Serving Since pin on the uniform shirt. The plate and pin
combination will be worn on the center of the right breast
pocket flap just below the seam.
2)
The second name plate and the Serving Since pin will be
worn on the outermost garment, when appropriate.
3)
Name plates and the Serving Since pin are not worn on
topcoats, raincoats, or nylon jackets.
Revised 12/16/08, Replaces 01/01/08
4
12.020
l.
4)
The Serving Since pin reflects the calendar year in which
the employee became a sworn Cincinnati police or Park
police officer, cadet, or a non-sworn employee of the Police
Department.
5)
If there is a break in service of more than one year, the
Serving Since pin will reflect the calendar year the
employee returned to service.
Unit identification emblem
1)
m.
n.
The unit identification emblem is worn on the left lapel of
the Ike jacket or blouse.
Rank insignia
1)
Supervisors will wear the rank insignia on the uniform shirt
at all times to enable citizens and officers to easily identify
uniformed supervisory personnel.
2)
Lieutenants and above will wear the rank insignia on the
shoulder epaulets of the blouse, overcoat, or nylon storm
coat.
Badge and Department issued identification card
1)
Uniformed officers, civilian clothes officers, and off-duty
personnel in civilian attire will carry/wear their assigned
badge and Department issued ID card.
a)
Off-duty personnel and officers in civilian attire must
properly identify themselves in the conduct of police
activity by presenting their badge and Department
issued ID card unless an emergency situation exists
where their personal safety might be jeopardized.
b)
Officers not in uniform, including off-duty officers, will
wear their badge or Department issued ID card on or
above the belt of their outermost garment while in a
police facility.
1]
2)
Bureau commanders may make exemptions for
reasons of safety or practicality, e.g., district
exercise rooms.
Department issued ID cards are replaced when:
a)
An officer is promoted.
b)
An officer's appearance changes significantly, e.g.,
weight, color or length of hair, grows facial hair for a
covert assignment, or removal of facial hair.
Revised 12/16/08, Replaces 01/01/08
5
12.020
c)
An officer's Ohio driver's license and Department
official photographs are renewed every four years.
1]
3)
Officers will respond to the Personnel Section, Monday
through Friday between 0800-1600 hours for replacement
of Department issued ID cards. Upon surrender of the
expired card by the officer, Personnel Section will destroy
the card and immediately issue the new card to the officer.
Employees working hours other than those listed above will
respond to CIS to have photos taken by a Criminalist.
Employees must call, prior to responding, to ensure a
Criminalist is available to take photos.
a)
All officers, except those in civilian clothes and covert
assignments, i.e., Central Vice Control Section,
Intelligence Section, etc., will respond with a white
uniform shirt and necktie.
1]
4)
Police Personnel Section routes the notice of
expiration of the operator's license and file
photographs to all
bureaus/districts/sections/units.
All officers in civilian clothes and covert
assignments, regardless of rank, will respond in
proper business attire.
b)
All officers in non-uniform assignments other than
civilian clothes and covert assignments, e.g.,
Impound Unit, Supply Unit, etc., must respond with
the white uniform shirt and necktie.
c)
One photograph is required for police officers and
specialists.
d)
Two photographs are required for uniformed sworn
supervisors.
1]
One photo in white uniform shirt with necktie
and collar insignia.
2]
One photo in white uniform shirt with necktie,
without collar insignia.
Lost or stolen ID card
a)
Officers must provide Personnel Section with proof of
loss or theft and a copy of the Form 301, Incident
Report, when replacement cards are requested.
Officers will:
1]
Immediately report lost and stolen cards to their
supervisor.
2]
Teletype the loss or theft to all county agencies.
Revised 12/16/08, Replaces 01/01/08
6
12.020
3]
5)
b)
Supervisors will investigate the circumstances and
ensure a Form 301 is completed.
c)
Supervisors will initiate a Form 17, through the chain
of command, to Personnel Section explaining the
circumstances of the loss or theft. Include in the form
any negligence on the part of the officer.
d)
The district/section/unit commander will determine the
degree of negligence. Upon approval, forward the
forms to the affected bureau commander.
e)
The bureau commander will review and recommend
corrective action to the Police Chief when negligence
is a factor.
f)
The supervisor will direct the employee to respond to
Personnel Section for the issuance of a new ID card.
Damaged ID card
a)
The employee will respond to Personnel Section and
exchange the damaged ID card for a new one.
b)
Damaged cards will not require a Form 301 unless
the damage is due to employee negligence.
1]
6)
Complete a Form 301.
If the damage is due to employee negligence,
the employee will pay for replacement.
Non-sworn employees ID card
a)
District/section/unit supervisors will ensure new nonsworn employees assigned to their unit respond to
Personnel Section as soon as possible and have an
ID card made. The employees will respond in proper
business attire.
1]
The employee may respond to Personnel
Section between 0800-1600 hours, Monday
through Friday. Employees working hours other
than those listed above will respond to CIS to
have photos taken by a Criminalist. Employees
must call, prior to responding, to ensure a
Criminalist is available to take photos.
2]
Personnel Section will issue the completed ID
card to the new employee immediately. If the
photos are taken at CIS, the card will be mailed
to the employee through Interdepartmental Mail.
Revised 12/16/08, Replaces 01/01/08
7
12.020
b)
7)
The ID card will be renewed every four years in conjunction
with the renewal of the employee’s Ohio driver’s license.
8)
Non-sworn employees leaving the Police Department due
to retirement, resignation, or discharge will return the ID
card to their supervisor.
a)
o.
Personnel, on or off-duty, will wear their Department
issued ID card on or above the belt on the front of the
outermost garment while in a police facility.
The supervisor will forward the ID card to Personnel
Section for destruction.
Gunbelt
1)
Uniformed personnel will wear the Department issued
gunbelt and all related equipment for the belt while on duty.
a)
Officers will examine their gunbelts weekly for torn
stitching, wear, loose rivets, etc. and have any
deficiencies corrected.
p.
Keyhook
q.
Traffic control box key(s)
r.
Magazine pouches, pistol magazines, and ammunition
s.
Department approved firearm and holster
1)
Worn on the officer’s dominant side with the front edge of
the holster in line with the leg trouser seam.
t.
Handcuffs, key, and case
1)
Officers may carry an extra set of personally owned
handcuffs (Peerless or Smith & Wesson) in a black leather,
two pocket handcuff case or in their CDOP bag. Belt rings
or nylon cases are prohibited.
a)
u.
Officers must submit a Form 17 through the chain of
command to the Supply Unit listing the brand name
and serial number.
X26 Taser
1)
Uniformed personnel assigned to patrol duties will carry the
Taser when making traffic stops, responding to calls for
service, while on foot, mounted, bike patrol, or otherwise
engaged in police duties where the likelihood of arrest or
confrontational situations exist, e.g., School Resource
Officer duties.
Revised 12/16/08, Replaces 01/01/08
8
12.020
2)
v.
Officers working uniformed off-duty police related outside
employment details will carry the Taser.
Chemical irritant canister and case
1)
The chemical irritant canister worn directly behind the
holster can impede obtaining a proper grip on the firearm.
Officers who wear the chemical irritant in this position
should wear a belt keeper between the holster and the
canister or move the canister to another position on the
gunbelt.
w.
Radio swivel mount - worn on opposite side of firearm
x.
Glove pouch
y.
1)
Department issued Gould and Goodrich black leather
pouch.
2)
Must contain 2 pairs of “Safeskin” Nitrile Exam Gloves.
Flashlight
1)
Must meet one of the following specifications:
a)
Department issued plastic, three "D" cell battery
flashlight.
b)
Personally owned plastic, two or three "C" or "D" cell
battery flashlight.
c)
Personally owned rechargeable flashlight, with plastic
housing or mini-light style, meeting the specifications
listed above.
2)
Officers may carry a supplemental mini-light, metal or
plastic, two "AA" cell battery or rechargeable flashlight.
3)
Any other style or size flashlight must have the written
authorization of the Police Chief.
a)
z.
The Police Chief will authorize other styles for special
assignment duties only, not for routine patrol usage.
Utility bag
1)
All on-duty officers will have the utility bag with them at all
times.
a)
District/section/unit commanders may make
exceptions due to the nature of some special
assignments, i.e., walking beat, bicycle, covert, etc.
Revised 12/16/08, Replaces 01/01/08
9
12.020
aa.
Riot helmet
1)
bb.
All on-duty officers will carry their riot helmet in their utility
bag.
a)
Officers will wear the riot helmet in potentially
hazardous situations at the direction of a supervisor.
b)
Supervisors can make exceptions to the above for
walking beats, etc.
Auto-Lock baton and holder
1)
Uniformed personnel assigned to patrol must have the
Auto-Lock baton readily available.
a)
2.
Uniformed personnel have the option of wearing the
Auto-Lock baton on the gunbelt if space is available.
The following items are approved for wear with Department issued
uniform parts and equipment:
a.
b.
Footwear - approved styles
1)
Black, laced, leather or high gloss, low or high cut, plain toe
military shoe with welt last type sole.
2)
Black, laced, all leather plain toe military boots with welt
last type sole.
3)
Black, winter or inclement weather boots or overshoes.
4)
All shoes and boots should look like a dress shoe, giving
the appearance of the leather upper stitched to the sole.
Footwear – other styles are permitted only when approved for
special assignments.
1)
Casual shoes.
2)
Athletic shoes.
3)
Dress boots.
4)
Boots with nylon sides.
5)
Paratrooper boots.
6)
c.
Any type of leather boot with a gym shoe type appearance,
where the sole is molded to the leather upper.
Socks - solid black or navy blue.
1)
Officers may wear white socks with boots provided the
socks are not visible beneath the hem of the pant leg.
Revised 12/16/08, Replaces 01/01/08
10
12.020
2)
Officers may wear white socks with shoes only when
prescribed by the Employee Health Service physician.
a)
The district/section/unit will file the written prescription
in the officer’s medical jacket.
d.
Belt - black with plain buckle and black belt holder loops.
e.
Undershirt - solid white only.
f.
Gloves - black or navy blue.
g.
Dickey and sweaters
1)
2)
A dickey, crew neck sweater, or turtleneck sweater will be
worn only when the temperature is below 32 degrees and
the uniform coat is being worn.
a)
A dickey, crew neck sweater, or turtleneck may not be
worn by officers assigned inside, e.g., desk duty,
collators, staff assignments, etc.
b)
Dickeys and crew neck sweaters will be black or navy
blue and worn with, and on top of, the uniform shirt
and tie.
c)
Turtleneck sweaters will be black or navy blue and
worn with, and on top of, the uniform shirt, with or
without a tie.
A v-neck sweater may be worn at any comfortable
temperature when the uniform coat is worn.
a)
Officers assigned inside may wear V-neck sweaters.
b)
V-neck sweaters will be black or navy blue and worn
with, and on top of, the uniform shirt and tie.
h.
Eyeglasses
i.
Wristwatch – non-stretch wristband is recommended.
j.
Authorized insignia for service achievement - worn only on the
Ike jacket, nylon windbreaker, or blouse.
1)
The Personal Sacrifice Ribbon is worn centered directly
above the right breast pocket.
2)
The Outstanding Achievement Award is worn centered
directly above the left breast pocket.
Revised 12/16/08, Replaces 01/01/08
11
12.020
k.
Special assignment insignia is worn centered on the left breast
pocket flap of the Ike jacket, nylon windbreaker, or blouse.
During warm weather, the insignia is worn centered on the left
breast pocket flap of the uniform shirt. Officers with more than
one insignia will wear no more than two at one time, side by side
on the left breast pocket flap. Upon reassignment, retirement, or
resignation, the insignia must be turned in.
1)
Traffic insignia is worn only by Traffic Unit personnel.
2)
SWAT insignia is worn only by SWAT personnel.
3)
MHRT insignia is worn only by Mental Health Response
Team personnel.
4)
Mounted Patrol insignia is worn only by Mounted Patrol
personnel.
5)
Motorcycle Patrol insignia is worn only by certified
motorcycle riders actively riding a motorcycle.
6)
Field Training Officer (FTO) insignia is worn only by
personnel on the Training Section list of active FTOs.
a)
Any officer removed from FTO status will immediately
return the insignia to the FTO Coordinator.
3.
Department personnel desiring to wear any equipment not issued by
the Department or not on the approved list must request written
approval from the Police Chief.
4.
Canine officers may wear protective equipment in conjunction with
their special duties.
a.
5.
Department issued jumpsuits and baseball type caps may be
worn for searches and training duty.
Mounted Patrol personnel are permitted to wear/use special
equipment authorized for their particular assignment.
a.
Riding crops, helmets, boots and other protective equipment
may be worn when engaged in mounted patrol duties.
6.
Two and three-wheel cycle officers are permitted to wear Department
issued helmets and boots as the uniform of the day.
7.
Civilian clothes officers in operational assignments, e.g., CIS, district
investigator, etc., will carry the following equipment. The
district/section/unit commander can make exceptions if possession of
such items might jeopardize a police officer or an official investigation:
a.
Badge and Department issued ID card.
b.
Handcuffs and key.
Revised 12/16/08, Replaces 01/01/08
12
12.020
8.
9.
c.
Department approved firearm.
d.
Extra magazine.
e.
Chemical irritant.
f.
X26 Taser.
Personnel wearing the dress uniform blouse will carry:
a.
Badge and Department issued ID card.
b.
Department approved firearm.
c.
Extra magazine.
Civilian clothes officers in staff assignments, e.g., Inspections Section,
Internal Investigations Section, etc., will carry, at the minimum, the
following equipment. The unit commander can make exceptions if
possession of such items might jeopardize a police officer or an
official investigation:
a.
Badge and Department issued ID card.
b.
Department approved firearm.
10.
Uniformed officers in staff assignments will wear the uniform gunbelt
and all required equipment.
11.
Officers assigned to the SWAT Unit may wear special uniforms and
equipment designated by the SWAT Commander.
12.
Officers assigned to bicycle patrol may wear approved uniforms and
equipment outlined in Section D.
13.
Officers and non-sworn personnel assigned to the Evidence/Property
Management Section, Training Section, and Supply Unit may wear
Department issued work clothes and caps instead of the standard
uniform.
14.
SWAT, Evidence/Property Management Section, Training Section,
and Supply Unit personnel authorized to wear work or training clothing
in performance of assigned duties will change to the uniform of the
day or business attire when attending court or other functions outside
normal duties.
15.
Reflective Traffic Vests
a.
All sworn officers are issued a reflective traffic vest.
1)
The officer's badge number is marked on the inside of his
vest with a black indelible marker.
Revised 12/16/08, Replaces 01/01/08
13
12.020
b.
c.
C.
Department personnel will wear the reflective traffic vest for all
uniformed assignments or details, on or off-duty, under the
following conditions:
1)
All accident scenes.
2)
All traffic posts.
3)
All expressway assignments when outside the vehicle.
4)
In the roadway exposed to traffic hazards. Routine traffic
stops are not subject to this requirement.
Each district has spare vests marked with the district number
and vest number.
1)
These spare vests may be used by officers not having an
issued vest for off-duty details, by civilian riders, or Police
Clergy team personnel who may be exposed to traffic
hazards.
2)
When spare vests are issued, make a blotter entry to
include the name of the person using the vest and the
identifying number of the vest.
Dress Uniform
1.
The dress uniform will consist of Ike jackets for specialists/police
officers and blouses for supervisors, regardless of the date or
weather, unless otherwise specified by the Police Chief.
a.
Blouses may be issued to police officers/specialists upon
approval of the officer’s bureau commander.
b.
Uniformed personnel will wear the dress uniform:
c.
2.
1)
To full City Council meetings.
2)
To funerals.
3)
When participating in a parade.
4)
When attending promotional ceremonies.
Exceptions can be made by the Police Chief or any bureau
commander, e.g., staff meetings, Council committees, etc.
Personnel appearing as guest instructors at the Training Section will
wear either the dress uniform or conservative business attire,
displaying proper identification.
Revised 12/16/08, Replaces 01/01/08
14
12.020
3.
When winter uniforms are worn, uniformed personnel in staff
assignments will wear either the dress uniform or conservative
business attire while attending to normal duties and meetings.
a.
4.
Sworn personnel in non-uniformed assignments have the option of
wearing the dress uniform or conservative business attire while being
a participant in promotion ceremonies.
a.
5.
Grooming standards must be followed if the dress uniform is
worn.
Honor Guard, Motorcycle Patrol, Mounted Patrol
a.
D.
The storm coat or lightweight jacket may be worn while at lunch,
etc.
In addition to uniform/equipment requirements outlined by
procedure, addressed in the section/unit SOP, and/or approved
by the Police Chief, dress uniform consists of:
1)
Blouse.
2)
Sam Browne leather waist belt with shoulder strap,
holster, magazine carrier, and handcuff case.
Mountain Bike Uniform
1.
The following items are issued to bike officers as their Department
issued bike uniform:
a.
Cycling helmet.
b.
Cycling glasses.
c.
Nylon gunbelt.
d.
Nylon holster.
e.
9mm magazine holder.
f.
Radio holder.
g.
Nylon mace holder.
h.
Nylon double handcuff case.
i.
Silent key ring.
j.
Leather badge clip holder.
k.
Department issued leather glove pouch containing 2 pairs of
“Safeskin” Nitrile Exam Gloves.
Revised 12/16/08, Replaces 01/01/08
15
12.020
2.
l.
Summer shorts.
m.
Short sleeve shirts.
n.
Long trousers.
o.
Mock turtleneck shirt.
p.
Winter jacket.
q.
Helmet cover.
r.
Balaclava.
s.
Gloves (winter & summer).
t.
Cycling shoes.
u.
Climits hand protectors.
Only the following combinations of bike uniform parts are acceptable
for wear together.
Uniform A
Short Sleeve Shirt
Long Pants
Uniform B
Short Sleeve Shirt
Shorts
Uniform C
Mock Turtleneck
Short Sleeve Shirt
Shorts
Uniform D
Mock Turtleneck
Short Sleeve Shirt
Long Pants
Uniform E
Winter Jacket
w/o Sleeves
Mock Turtleneck
Long Pants
Uniform F
Winter Jacket
w/Sleeves
Mock Turtleneck
Long Pants
Uniform G
Winter Jacket
w/o Sleeves
Mock Turtleneck
Shorts
Uniform H
Winter Jacket
w/Sleeves
Mock Turtleneck
Shorts
Uniform I
Winter Jacket
w/Sleeves
Mock Turtleneck
Short Sleeve Shirt
Long Pants
Uniform J
Winter Jacket
w/Sleeves
Summer Shirt
Long Pants
Revised 12/16/08, Replaces 01/01/08
16
12.020
3.
Wearing of the bike uniform.
a.
Helmets and eye protection will be worn at all times while
cycling.
b.
The balaclava and helmet cover may be worn during inclement
weather.
c.
Department issued nylon gear will only be worn with an
acceptable bike uniform.
d.
The bike uniform will only be worn when officers will be riding
their bikes. During inclement weather or when assigned other
duties where the officer will not be riding a bike, the uniform of
the day will be worn.
1)
e.
E.
Off-duty officers attending court, who are assigned a
mountain bike, will wear the uniform of the day or
conservative business attire.
Officers riding as partners will wear the same uniform
combination.
Uniforms/Related Equipment - Inspection and Replacement
1.
Uniforms and related equipment are inspected annually.
a.
b.
All sworn personnel will respond in person to one of the
scheduled inspection sessions.
1)
District personnel who are on-duty when uniform inspection
is held at their district must attend on that date.
2)
Off-duty district personnel must attend one of the
scheduled inspections as directed.
3)
Personnel assigned to units other than districts will attend
one of the scheduled inspections.
Present all items in a clean condition.
2.
New uniforms and parts will be ordered at the annual inspection.
3.
A Form 264, Equipment Record, is maintained at the Supply Unit,
showing the equipment issued to each officer.
a.
4.
The uniform supplier, Roy Tailors Uniform Company, maintains
a computer generated listing of uniforms issued to each officer.
Uniforms or equipment showing excessive wear or in need of repair
between inspections will be brought to the attention of a supervisor.
The supervisor will submit a Form 630, Equipment/Supply/Service
Order, to the Supply Unit requesting repair or replacement.
Revised 12/16/08, Replaces 01/01/08
17
12.020
F.
Spare Firearms, Tasers, Holsters, Badges, Wreaths, Auto-Lock Baton, and
Chemical Irritants
1.
Under unusual circumstances, an officer may need to obtain a
replacement firearm, Taser, holster, baton, badge, wreath, or
chemical irritant.
a.
During normal working hours, officers will respond to the Supply
Unit and obtain a spare holster, badge, wreath, or chemical
irritant.
b.
During normal working hours, officers with a defective firearm or
Auto-Lock baton will call the Firearms Training Unit. If Firearms
Training Unit personnel are available, the officer will respond to
that location and have the defective firearm or baton repaired or
replaced with a spare.
1)
c.
If Firearms Training Unit personnel are unavailable, the
officer will respond to the Supply Unit for a spare firearm or
baton.
During normal working hours, officers with defective Tasers will
call the Tactical Planning Unit. If Tactical Planning Unit
personnel are available, the officer will respond to that location
and have the defective Taser repaired or replaced.
1)
2)
If Tactical Planning Unit personnel are unavailable, a
supervisor will perform a Taser download and place the
printout in the officer’s Taser file.
a)
The supervisor will place the defective Taser in the
unit’s property locker and ensure it is delivered to the
Tactical Planning Unit during normal working hours.
b)
The officer will carry the Auto-Lock baton while their
Taser is out of service.
When the Taser is returned from the Tactical Planning
Unit, a supervisor will perform a Taser download and place
the printout in the officer’s Taser file.
a)
d.
If the officer is not on-duty when the Taser is
returned, the Taser will be placed in the unit’s
property locker until the officer returns to duty.
If the need occurs when the Supply Unit is closed, the officer will
respond to the Criminal Investigation Section (CIS). The
following equipment is kept in the CIS vault:
1)
Ten Smith and Wesson Military and Police (M&P) pistols.
2)
Six spare M&P pistol magazines.
3)
Two spare M&P holsters.
Revised 12/16/08, Replaces 01/01/08
18
12.020
e.
4)
One spare badge and wreath for a sergeant, two spare
badges and wreaths for specialists, and eight spare
badges and wreaths for police officers.
5)
Five spare chemical irritant canisters.
G.
Officers will give a copy of a completed Form 630
requesting a replacement chemical irritant to CIS
personnel.
b)
The officer's unit of assignment will route the original
completed Form 630 and defective chemical irritant to
the Supply Unit.
Check out the equipment through CIS desk personnel. They will
document in the logbook when the equipment is loaned out and
when it is returned.
1)
2.
a)
Items loaned from the CIS vault are intended for short-term
loan only. Officers should arrange to obtain long-term loan
items from the Supply Unit and return the borrowed item to
CIS within 5 days.
Take defective equipment to the Supply Unit for repair or replacement
during their normal work hours.
Uniforms, Related Equipment, Personal Property - Lost, Stolen, or
Damaged
1.
Personnel will immediately report lost or stolen uniform parts or
equipment to their supervisor.
a.
The supervisor will investigate and document the circumstances
of the incident including the degree of negligence, if any, on the
part of the officer.
1)
Teletype the loss or theft of uniquely identifiable or
serialized property such as a badge, wreath, firearm, or
handcuffs to all county agencies.
b.
The supervisor will ensure a Form 301 is completed along with a
Form 630. Attach a copy of the Form 301 to the Form 630.
c.
The district/section/unit commander will review the Form 630
and/or Form 301 and determine the degree of negligence on the
part of the officer, if any. The district/section/unit commander
will then forward these forms to the affected bureau commander.
d.
Upon approval, the bureau commander will send the Form 630
and Form 301 attachment to the Inspections Section
Commander.
1)
The bureau commander will review the degree of
negligence, if any.
Revised 12/16/08, Replaces 01/01/08
19
12.020
2)
e.
2.
H.
Supply Unit will replace the item.
Personnel will immediately report damaged uniforms or equipment to
their supervisor.
a.
The supervisor will investigate the circumstances of the incident
and make a Form 630 if needed. The supervisor will include in
the investigation the degree of negligence, if any, on the part of
the officer.
b.
Forward the Form 630 or Form 301 to the district/section/unit
commander for approval. The district/section/unit commander
will determine the degree of negligence, if any, on the part of the
officer.
c.
Upon approval, the district/section/unit commander will forward
the Form 630 to the Supply Unit.
d.
3.
The bureau commander will recommend corrective action
to the Police Chief when negligence is a factor.
1)
The district/section/unit commander will send a copy of the
Form 630 or Form 301 to the affected bureau commander.
2)
Follow Sections G.1.d.1) and 2) if necessary.
Supply Unit will replace the item and dispose of the damaged
item.
Replace personal property in accordance with guidelines set forth in
the labor agreement.
a.
Make a request for replacement or repair of personal property on
a Form 630 to the Inspections Section with replacement receipt
attached.
b.
The Inspections Section Commander will make a
recommendation to the Police Chief concerning replacement of
personal property.
Storage of Uniform Equipment During Officer Suspension
1.
If an officer is suspended five days or less, the officer's equipment
need not be surrendered. Internal Investigations Section (IIS)
personnel will notify the officer of the suspension dates, that police
powers are suspended, and that the carrying or use of police
equipment is prohibited.
2.
If an officer is suspended more than five days, the officer's
commander or designee will immediately relieve the officer of their
firearm, magazines, ammunition, Motorola radio, Taser, badge,
wreath, and ID card, and issue a receipt to the officer for the items
taken.
Revised 12/16/08, Replaces 01/01/08
20
12.020
I.
If there is an armory at the suspended officer's unit of
assignment, and the suspension is ten working days or less,
store the items in the armory.
b.
If the suspended officer's unit of assignment does not have an
armory, or the suspension is more than ten working days, hand
carry the items to the Supply Unit for storage.
c.
Temporary ID cards will be issued to sworn members of the
Department who have their police powers suspended.
1)
The affected officer will arrange to respond to Personnel
Section for the temporary ID card between 0800-1600
hours, Monday through Friday.
2)
Personnel Section will number the ID card and record it in
a logbook.
3)
When police powers are restored, the supervisor should
send the temporary ID card to Personnel Section for
destruction.
Misuse of Uniforms/Related Equipment
1.
J.
a.
Police Department personnel are responsible for the proper use and
care of issued equipment.
a.
If an investigation determines that neglect, unauthorized
alteration, destruction, disposal, or other misuse of equipment or
uniforms has occurred, disciplinary action could result.
b.
If the above investigation determines any of the aforementioned
misuse, Department personnel may be required to assume all
costs of replacement as part of the penalty for such violations.
Personal Grooming
1.
Grooming standards for male police officers.
a.
Hair
1)
In all cases, the bulk and/or length of the hair will not
interfere with the wearing of the uniform cap.
2)
Hair on top of the head will be neatly groomed. The length
and/or bulk of the hair will not be excessive or present an
unkempt, ragged, or extreme appearance.
3)
Hair must be evenly tapered on the sides and back. The
hair outline will follow the contour of the ear. Hair will not
fall over the ears or touch the collar, except for the closely
cut hair at the back of the neck.
Revised 12/16/08, Replaces 01/01/08
21
12.020
a)
4)
b.
c.
Frontal grooming will not permit the hair to be visible on the
forehead when the uniform cap is worn.
Sideburns
1)
Sideburns will be neatly trimmed and the bulk of the
sideburns will not be excessive.
2)
Sideburns will not exceed one inch in width.
3)
The maximum length of the sideburns will not extend below
the middle of the ear.
4)
The base of the sideburns will be a clean shaven horizontal
line.
Mustaches
1)
d.
A block-cut in the back is permissible in a moderate
degree.
Mustaches can extend 1/4 inch beyond the line
perpendicular to the corners of the mouth. They will not
extend below a line horizontal with the corners of the
mouth, and will be neatly trimmed. Fu Man Chu and
handlebar styles, etc. are prohibited.
Beards
1)
The face will be clean shaven. Beards and goatees are
not considered uniform grooming and are not allowed.
a)
The Police Chief may approve an exemption to allow
facial hair if a pseudofolliculitis barbae medical
condition exists.
b)
Officers requesting an exemption must submit a
written request on a Form 17 through the chain of
command.
1]
The diagnosis of pseudofolliculitis barbae must
be made by a dermatologist. The note from the
dermatologist must include:
a]
The officer’s skin condition.
b]
The extent and prognosis of the
pseudofolliculitis barbae.
c]
The history of previous medical treatment.
d]
The length of time the officer has received
treatment.
Revised 12/16/08, Replaces 01/01/08
22
12.020
c)
2.
The recommendation for current treatment.
f]
How frequently the officer may shave while
undergoing treatment.
2]
The officer requesting an exemption will
schedule an appointment with the EHS
physician who will examine the officer and
review the dermatologist’s recommendations.
3]
The officer will submit a signed medical release
allowing the Police Department to discuss the
skin condition with the dermatologist.
Officers receiving an exemption must submit a
renewal request by January 1 following the initial
request.
1]
d)
e]
Approved requests will begin and end annually
on January 1.
Unless the treating dermatologist specifies otherwise,
an officer receiving an exemption will not shave
anywhere on the exposed areas of the face and
frontal area of the neck, except to maintain the beard
length of no more than one-eighth inch.
Grooming standards for female police officers.
a.
b.
Hair
1)
The hair, when worn full length, will not extend downward
below the lower edge of the shirt collar.
2)
Longer hair may be worn, but must be uplifted to the top of
the head while in uniform. When in the uplifted position, no
hair will extend downward below the lower edge of the shirt
collar.
3)
The length of the hair will not interfere with the proper
wearing of the uniform cap.
4)
Frontal grooming will not permit the hair to be visible on the
forehead when the uniform cap is worn.
Makeup
1)
A moderate use of makeup is permissible.
a)
The use of eye shadow is prohibited.
b)
The heavy use of makeup is not acceptable.
Revised 12/16/08, Replaces 01/01/08
23
12.020
2)
Fingernail polish, other than a clear or neutral shade, is
prohibited.
a)
3)
3.
The wearing of jewelry by male and female officers, e.g., chains,
necklaces, pendants, earrings, bracelets, etc., will be limited to
rings and watches while in uniform.
1)
K.
A conservative amount of lipstick of a clear or neutral
shade is permissible.
Jewelry
a.
4.
Nails are to be cut short and neatly trimmed.
Religious medals, scapulars, and other bona fide
expressions of religious affiliations may be worn around the
neck, provided the item is concealed by either the uniform
shirt or an undershirt.
The above regulations apply to all uniformed and non-uniformed
officers. Some officers, due to the nature of their assignment, may be
exempt from this regulation after obtaining written permission from
their bureau commander.
a.
The bureau commander will maintain a record of this exemption.
b.
Bureau commanders may make exemptions for reasons of
safety or practicality, e.g., district exercise rooms.
Personally Assigned Lockers
1.
When possible, the Department assigns all personnel locker space at
their unit of assignment.
2.
Each officer receives a locker key. The officer will keep it locked
when not in use.
3.
The commanding officer will securely maintain a duplicate key file by
name and assigned locker number.
a.
4.
Employees may not install combination locks or other type locks on
Department lockers without the written approval of the
district/section/unit commander.
a.
5.
Only the commander and supervisory personnel of the
district/section/unit have access to the key file.
If the district/section/unit commander grants approval, the
employee must furnish the combination or a duplicate key for the
duplicate key file.
A district/section/unit commander or supervisor may open a locker for
the following purposes:
Revised 12/16/08, Replaces 01/01/08
24
12.020
a.
To be sure Department equipment is maintained in a proper
manner.
b.
To determine the location of Department records and reports
known to be the occupant officer's responsibility.
1)
Citations, records, reports, or other official Department
documents requiring processing in accordance with
Department policies and procedures will not be kept in any
officer's locker.
c.
For health and safety reasons, i.e., rotting food, mildewed
uniform parts, leaking canisters, etc.
d.
Any other legitimate Department need.
6.
A unit supervisor may require a total locker inventory in the presence
of the assigned locker occupant for any of the reasons outlined in
Section K.5.
7.
Supervisors may not randomly search lockers.
8.
Individually assigned lockers in police facilities are the property of the
City of Cincinnati.
Revised 12/16/08, Replaces 01/01/08
25
12.021
12.021 VISITOR IDENTIFICATION IN POLICE FACILITIES
Reference:
Procedure 12.020 - Uniforms, Related Equipment, and Personal Grooming
Procedure 12.131 - Confidential Informant Management and Control
Purpose:
Ensure persons other than Police Department employees in a non-public area of
a Police Department facility are properly identified.
Maintain security in Police Department facilities for the safety of employees and
visitors.
Policy:
Sworn personnel encountering a person(s) in a police facility, who is unknown to
the officer and not properly identified, will question them as to their identity and
reason for being in the facility. The officer will ensure the unidentified person(s)
receives a Visitor's Identification Pass, displays proper identification, or is
escorted from the premises.
Civilian personnel encountering a person(s) in a police facility, who is unknown
and not properly identified, will immediately summon a sworn officer to
investigate the unidentified person(s).
Procedure:
A.
When a non-Department employee visits a police facility or is a civilian
rider, the desk person will:
1. Determine if the visit is valid. Confirm the visitor's identification with a
valid ID and RCIC/NCIC check. Enter the visitor's information onto the
Visitors Log (Form 690).
a.
The Form 690 will show the visitor's name, company or agency
they represent, reason for visit, time in, time out, and the badge
number or initials of the person logging the visitor in and out.
1)
3/93
Keep Form 690 sheets in a 3 ring binder and remove after
1 year.
1
12.021
2.
3.
Issue the visitor a Visitor ID Pass.
a.
Print the name and date on the Visitor ID Pass.
b.
Instruct the visitor to wear the Visitor ID Pass on the chest area
of the outermost garment at all times while in the police facility.
Have the police employee whom the visitor is to meet respond to
meet the visitor.
a.
4.
If the visitor is performing a service or maintenance, issue a Visitor ID
Pass except:
a.
B.
When the person performing the service is a city employee or
contract employee, they will display the proper city or company
ID. The desk person need not issue a Visitor ID Pass.
1)
The desk person must still enter the city employee or
contract employee onto the Form 690.
2)
Instruct the visitor to respond back to the desk person
before leaving so the desk person can log the visitor out
and collect the Visitor ID Pass.
Visiting Groups or Tours:
1.
Desk personnel will identify each adult individual and follow the above
procedure through section A.2.b.
2.
The employee responsible for scheduling the group will respond to the
desk area to escort the group through the facility.
a.
3.
3/93
Do not leave the visitor unattended in non public areas of the
police facility.
The attending officer will ensure no one from the group wanders
through the facility without an escort.
Upon completion of the groups' visit, the escorting employee will
ensure the group is logged out.
2
12.021
C.
Confidential Informants (CI):
1.
Informant control officers (ICO) having a CI(s) respond to a police
facility may log the CI onto the Form 690 under the name of the ICO.
a.
3/93
Place the letters "CI" after the ICO's name.
3
12.021
b.
The ICO will ensure the CI wears a Visitor ID Pass.
1)
3/93
The ICO will use his/her name on the Visitor ID Pass to
protect the identity of the CI if necessary.
c.
The ICO will remain with the CI during the entire visit to the
police facility.
d.
Enter the time in and the time out on the Form 690.
4
12.025
12.025 AUTHORIZED WEAPONS
Reference:
18 USC 926B, 926C - Law Enforcement Officers Safety Act of 2004
Ohio Revised Code 2901.01K - Law Enforcement Officer
Ohio Revised Code 2923.12B - Carrying Concealed Weapons
Ohio Revised Code 2923.12.1 - Illegal Possession of Firearm in Liquor Permit
Premises
Ohio Revised Code 2923.12.2 - Illegal Conveyance or Possession of Deadly
Weapon or Dangerous Ordnance in School
Safety Zone
Ohio Revised Code 2923.12.3 - Illegal Conveyance of Deadly Weapon or
Dangerous Ordnance into Courthouse
Ohio Revised Code 2923.15 - Using Weapons While Intoxicated
Procedure 12.020, Uniforms, Related Equipment, and Personal Grooming
Ohio House Bill 12, Section 9
CALEA Standard 1.3.10.
Definitions:
Qualified Law Enforcement Officer – An employee of a governmental agency
who –
•
•
•
•
•
•
is authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any
violation of law, and has statutory powers of arrest;
is authorized by the agency to carry a firearm;
is not the subject of any disciplinary action by the agency;
meets standards, if any, established by the agency which require the
employee to regularly qualify in the use of a firearm;
is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
is not prohibited by Federal law from receiving a firearm.
Information:
Supply Unit maintains a perpetual record of all Department owned and approved
weapons.
The Law Enforcement Officers Safety Act of 2004 permits qualified active and
retired law enforcement officers to carry concealed weapons nationwide. The
Law Enforcement Officers Safety Act does not supersede or limit the laws of any
state permitting persons or entities from prohibiting or restricting the possession
of concealed firearms on private property. Individual states still retain the
authority to prohibit or restrict the possession of firearms on any state or local
governmental property, installation, building, etc. (educational institutions, court
houses, etc.).
Nothing in this act permits officers to carry non-authorized firearms.
Rev. 04/21/09, Replaces 09/04/07
1
12.025
Ohio House Bill 12, Section 9, prohibits municipalities from placing restrictions on
persons with valid concealed carry licenses issued by the State of Ohio. If an
officer obtains a concealed carry license from the State, the Police Department
cannot restrict the type of handgun carried off-duty by that police officer.
However, if the officer is involved in an off-duty incident where they are acting in
an official capacity as a police officer, they are subject to administrative action by
the Police Department if the handgun used is not one approved by this
procedure.
Policy:
The Police Department will assign firearms only to sworn employees. With the
prior written approval of the City Manager, the Department may assign a firearm
to a qualified non-sworn employee who has successfully demonstrated
proficiency in the use of the agency authorized weapon. Proficiency must
be to the standards set by the Rangemaster of the Department Firearms
Training Unit (FTU).
The Police Department will only dispose of weapons according to law and
purchasing regulations.
While on duty, an officer will carry or have under his control only Department
authorized weapons and ammunition. Personnel will carry the firearm as
directed in Procedure 12.020, Uniforms, Related Equipment, and Personal
Grooming.
Officers responding to court on cases resulting from official business including
outside employment details will only carry Department authorized firearms.
All Department personnel authorized to carry lethal and less-than-lethal weapons
will be issued copies of and be instructed in Department use of force policies and
procedures before being authorized to carry a weapon. Only personnel
demonstrating proficiency in the use of Department authorized weapons are
permitted to carry those weapons, both on or off-duty.
Each officer must qualify annually with the Department issued firearm. With the
approval of the Police Chief, the Rangemaster will determine qualification
standards. An officer who fails annual qualification will be relieved of their police
powers prior to leaving the FTU. Affected personnel will leave their badge,
wreath, identification card, issued firearm, and ammunition with FTU personnel.
Each non-sworn employee assigned an agency authorized weapon must qualify
annually with the issued firearm. A non-sworn employee who fails annual
firearm qualification will surrender the issued firearm and ammunition to FTU
personnel prior to leaving the training facility. A non-sworn employee may be
reissued the agency authorized weapon upon successful demonstration of
proficiency in the use of the weapon to the FTU Rangemaster.
Officers must follow the provisions of this procedure and be in possession of
their Department issued identification card to legally carry a concealed firearm
under the provisions of the Law Enforcement Officers Safety Act of 2004.
Rev. 04/21/09, Replaces 09/04/07
2
12.025
Procedure:
A.
Authorized Weapons and Ammunition
1.
Semi-automatic pistols:
a.
Smith & Wesson 9mm Military and Police (M&P9).
b.
Smith and Wesson 9mm Military and Police compact (M&P9c).
1)
2.
Authorized ammunition for both pistols is Winchester 9mm,
147 grain jacketed hollow point.
Shotguns:
a.
Remington 870.
1) Authorized ammunition is either Winchester 2¾” 12 gauge 00
buck ammunition or Winchester 2¾” 12 gauge slugs.
a)
3.
If the shotgun is dedicated as less-lethal (beanbag
shotguns), authorized ammunition is the Defense
Technologies DS23 drag-stabilized beanbag round.
Semi-automatic rifles (Patrol Rifles)
a.
Bushmaster XM15-E2S.
b.
Smith and Wesson Military and Police (M&P15).
1)
Authorized ammunition for all patrol rifles is
Winchester .223, 55 grain ballistic silvertip.
4.
Any official firearm designated by the Police Chief.
5.
Defense Technologies 40mm foam round launcher and rounds.
6.
PepperBall Technologies launcher with .5 OC PepperBall rounds.
7.
Monadnock Auto-Lock batons.
8.
Chemical irritant:
a.
Freeze CS.
b.
Punch II Streamer M-3 OC.
9.
Taser International X26 Taser and Taser International cartridges.
10.
Authorized SWAT tactical weapons and ammunition.
a.
SWAT weapons and ammunition are distributed and stored in
accordance with the SWAT Unit’s Standard Operating
Procedures.
Rev. 04/21/09, Replaces 09/04/07
3
12.025
B.
Issuance of Firearms
1.
The Smith and Wesson M&P9 semi-automatic pistol is issued to all
officers.
2.
The Smith and Wesson M&P9c compact semi-automatic pistol may
be issued to investigators, plainclothes personnel and by personnel
authorized by the Police Chief.
3.
a.
Investigators, plainclothes personnel or officers wishing to carry
an M&P9c as their on-duty firearm must submit a Form 17
through the chain of command to the Police Chief.
b.
Department personnel who purchase an M&P9c for personal
use will follow Section F. of this procedure to obtain
authorization to carry this firearm.
Patrol Rifles
a.
Districts/sections/units will maintain assigned semi-automatic
rifles (patrol rifles) in their respective armory. Patrol rifles will be
stored in an unlocked nylon case. While stored in the case,
rifles will remain unloaded with the bolt forward. Magazines will
be stored in the same rifle case but will not be inserted into the
magazine well of the weapon.
1)
Each district is assigned four patrol rifles.
2)
Central Vice Control Section is assigned four patrol rifles.
3)
Vortex Unit is assigned three patrol rifles.
b.
Only officers selected by the Police Chief and who have passed
the annual patrol rifle qualification course are authorized to carry
patrol rifles.
c.
Authorized officers will obtain a patrol rifle from their district
armory at the beginning of their assigned shift.
1)
Authorized officers will inspect the rifle daily prior to
entering the field to ensure it is unloaded and that the two
issued 30 round magazines are present.
2)
The daily inspection will be conducted outside of the police
facility with the rifle pointed in a safe direction.
d.
Patrol rifles carried into the field will remain unloaded and stored
in the case in a secured area of the vehicle. Patrol rifles will not
be carried unsecured in the front of the vehicle during routine
patrol duties.
e.
Upon identifying a situation where the deployment of the patrol
rifle can assist, officers will remove the rifle from the secured
area, load it, and have it ready at hand.
Rev. 04/21/09, Replaces 09/04/07
4
12.025
C.
D.
f.
Upon termination of their assigned shift, authorized officers will
ensure the patrol rifle is removed from the vehicle and returned
to the district armory in an unloaded condition.
g.
SWAT rifles stored in district armories are only to be accessed
and carried by SWAT personnel. Authorized officers will only
carry rifles assigned to the district as part of the patrol rifle
program.
Plainclothes Officers
1.
On-duty officers working in plainclothes may only carry their firearm in
the Department approved, Safariland ALS Belt Slide Holster (Model
6351-219).
2.
Shoulder holsters are not permitted for on-duty use.
Annual Qualification
1.
If an officer fails to qualify, the FTU will do the following:
a.
Relieve the officer of his police powers and equipment.
1)
b.
The officer must report to Personnel Section during his
next scheduled working day to obtain a temporary ID card.
Notify the officer’s unit of assignment of his duty status and the
date for further training and testing.
1)
Officers who are required to work prior to the training and
testing date must be assigned duties consistent with their
duty status.
c.
Notify Personnel Section of the officer’s duty status.
d.
Store the officer’s equipment in the FTU armory pending
successful qualification.
e.
Schedule the officer for additional training and testing.
1)
f.
Restore the officer’s police powers and return his equipment
upon successful qualification.
1)
g.
Officers will be scheduled for additional training and testing
on the next available training date.
Collect and destroy the temporary identification card.
Notify the officer’s unit of assignment and Personnel Section
upon successful qualification.
Rev. 04/21/09, Replaces 09/04/07
5
12.025
2.
Officers relieved of their police powers must notify the affected detail
coordinator if they are scheduled for any outside employment prior to
additional training and testing.
3.
Officers who fail the annual patrol rifle qualification will immediately be
removed from the list of authorized users.
a.
E.
Carrying a Firearm Off-Duty
1.
Carrying a firearm off-duty is optional.
2.
Off-duty officers, not in uniform, who choose to carry a firearm, will
conceal the firearm on their person.
3.
Ohio Revised Code §2923.15 prohibits carrying firearms while under
the influence of alcohol or any drug of abuse.
a.
4.
Law enforcement officers are not exempt from the prohibition.
The following Ohio Revised Code Sections apply to off-duty personnel
UNLESS they are acting in the scope of their duties as a police
officer.
a.
ORC Section 2923.12.1 – Illegal Possession of Firearm in Liquor
Permit Premises.
b.
ORC Section 2923.12.2 – Illegal Conveyance or Possession of
Deadly Weapon or Dangerous Ordnance or Illegal Possession
of Object Indistinguishable from Firearm in School Safety Zone.
c.
ORC Section 2923.12.3 – Illegal Conveyance of Deadly Weapon
or Dangerous Ordnance into Courthouse: Illegal Possession or
Control in Courthouse.
5.
Off-duty personnel may only carry Department authorized firearms;
M&P9 or the M&P9c, after following the approval process in Section
F. of this procedure.
6.
Off-duty officers with a valid carry concealed license issued by the
State of Ohio may carry a firearm of their choosing.
a.
F.
Reinstatement to the authorized user’s list will be at the
discretion of the Police Chief. Final approval will not be granted
until the officer passes the annual patrol rifle qualification the
following year.
Off-duty officers involved in an incident where they are acting in
an official capacity as a police officer are subject to
administrative action by the Department if the firearm used is not
one approved by this procedure.
Approval Process for Carrying a Personally Owned Department authorized
firearm in an On or Off- Duty Status
Rev. 04/21/09, Replaces 09/04/07
6
12.025
1.
Each officer responding to the Firearms Training Unit for qualification
will present the following unloaded firearm(s) to the Rangemaster:
a.
Official Department issued firearm.
b.
The personally owned Department authorized firearm the officer
requests authorization to carry on or off-duty.
2.
The Rangemaster will inspect all firearms for safety and compliance
with Section F.5. of this procedure.
3.
The Rangemaster will complete a Form PSA-17, Personal Firearm
Approval Request, for each firearm an officer requests authorization
to carry.
a.
The Form PSA-17 will include a description and the serial
number of the firearm, the officer's qualification results, the date
and signature of the Rangemaster.
b.
The Rangemaster will forward the completed Form PSA-17 to
the Training Section Commander for processing.
4.
The Form PSA-17 will be used as the Police Department's written
authorization for the on and off-duty use of a personally owned
firearm and approved ammunition.
5.
When an officer qualifies and approval is granted:
6.
a.
Training Section will forward the Form PSA-17 to the officer's
district/section commander for approval, retaining a control copy.
b.
The district/section commander will forward the Form PSA-17 to
the respective bureau commander for review and approval.
c.
Upon review and approval, the bureau commander will submit
the Form PSA-17 to the Police Chief.
d.
If approval is granted, the Police Chief will sign and date the
Form PSA-17 and forward it to Training Section.
e.
Training Section will retain the original Form PSA-17 and send
one copy to the requesting officer.
When approval is not granted:
a.
Training Section will retain the original Form PSA-17 and send a
duplicate copy of the form to the officer's district/section
commander.
b.
The district/section commander will ensure the officer is notified
of the disapproval and arrange for additional training as required.
Rev. 04/21/09, Replaces 09/04/07
7
12.025
G.
H.
Removal of Unsafe Weapons
1.
Notify a supervisor whenever an issued weapon is found to be unsafe
or in need of repair.
2.
Issue a replacement weapon until the original is returned or
permanently removed from service.
3.
Repairs/replacements are provided by the following units or sections:
a.
Firearms Training Unit: semi-automatic pistol, shotgun, beanbag
shotgun, 40mm foam launcher, Monadnock Auto-Lock baton,
and all SWAT weapons.
b.
Tactical Planning Unit: PepperBall launcher, Taser.
c.
Supply Unit: Chemical irritant.
d.
After normal working hours, CIS has semi-automatic pistols and
chemical irritant.
Storage of Department Owned Firearms
1.
Department issued firearms that are not in use must be stored
unloaded, in the armory of the affected district/section/unit in
accordance with district/section/unit Standard Operating Procedure.
Rev. 04/21/09, Replaces 09/04/07
8
12.030
12.030 VEHICLES: ASSIGNMENT, USE, AND
MAINTENANCE
Reference:
Administrative Regulation #51
Procedure 12.031 AUTOMATIC LICENSE PLATE RECOGNITION (ALPR)
Procedure 12.033 MOUNTAIN BIKES AND SEGWAYS: ASSIGNMENT, USE, AND
MAINTENANCE
Definitions:
Take-home means the police vehicle may be used to commute to and from
work, including responding to or from meetings, court, and recall situations.
On-call means the police vehicle may be used for all transportation needs. Oncall status is granted to officers who must respond directly to a point of recall
without first responding back to their residence to pick up the police vehicle.
Procedure:
A.
Assignment of Vehicles
1.
After consultation with the bureau commanders, the Fleet Manager
will assign motor vehicle equipment to Department units.
2.
Forward a request for additional equipment on a Form 17, with
supportive data, to your bureau commander.
3.
a.
After reviewing the request, the bureau commander will make a
recommendation and forward it to the Fleet Management Unit.
b.
The Fleet Manager will review the request, make a
recommendation, and forward the report to the Police Chief for
final determination.
The Fleet Manager will provide a vehicle jacket containing all
necessary information for each vehicle assigned to a police unit.
a.
Retain the jacket in the unit file. When the vehicle is removed
from service, return the jacket to the Fleet Management Unit.
b.
If there are any special regulations about operating the vehicle,
forward a copy of these regulations to the officer in charge (OIC)
of the assigned unit. The operating unit will strictly adhere to
these regulations.
Rev. 04/22/08, Replaces 06/26/07
1
12.030
B.
Semiannual Rotation of Vehicles
1.
The Fleet Management Unit will send a list of the vehicles scheduled
for rotation to the affected units 30 days before the designated
rotation date.
2.
Rotating unit's responsibilities
a.
3.
1)
Inspect the vehicle(s) two weeks before the designated
rotation date.
2)
Perform any maintenance due, or that will become due
within 500 miles of the inspection date.
3)
Correct any defects found before rotation of the vehicle.
4)
Complete a Form 427, Vehicle Inspection Report. The unit
supervisor will approve and sign the Form 427.
5)
After approval, place the Form 427 in the vehicle jacket for
rotation.
Receiving unit's responsibilities
a.
C.
Each unit receiving a list designating a vehicle(s) from their unit
for rotation will:
Each unit receiving vehicles through rotation will:
1)
Inspect the vehicle and review the vehicle jacket.
2)
Ensure the Form 427 is complete and accurate.
3)
Notify the supervisor approving the Form 427 of any
discrepancies.
4)
Ensure the rotating unit corrects any problem/discrepancy
before accepting the vehicle.
Use of Vehicles
1.
All Department vehicles are used for the transaction of police
business only. Only Department members or authorized service
personnel will operate the vehicles.
2.
Department personnel will not take Department vehicles home on a
regular basis without the Police Chief's approval. Only the Police
Chief may grant take-home or on-call status, except as listed in C.2.b.
a.
Submit a Form 17 to the Police Chief for approval.
Rev. 04/22/08, Replaces 06/26/07
2
12.030
b.
If necessary, a district/section commander may authorize sworn
personnel to take Department vehicles home overnight on a
non-regular basis for the efficient completion of police related
duties.
3.
The Police Chief and assistant chiefs are considered on-call and may
use their city vehicles for all transportation needs.
4.
Other Department personnel assigned take-home vehicles will use the
following guidelines:
5.
6.
a.
Officers identified as on-call may use their vehicles for all
transportation needs while in on-call status.
b.
Officers not in an on-call status will use their take-home vehicle
for the following purposes only:
1)
For inspection during other than normal tours of duty.
2)
When attending a public gathering where a possible need
for police service may arise, and/or good public relations
may be promoted by their presence.
3)
When attending meetings or groups where police matters
are a primary concern.
Other Department employees assigned take-home vehicles such as
canine officers, special investigators, motorcycle officers, etc., will use
the vehicles only for the following purposes:
a.
Regular assignments.
b.
Orders of superior officers.
c.
Attendance at an official judicial hearing.
Department personnel assigned a take-home vehicle will record on a
Form 429, Take-Home Vehicle Report, each time the vehicle is used
for city business before or after normal work hours and the purpose.
a.
Within one week after the end of each quarter, Department
personnel will electronically submit the completed Form 429
directly to the Fleet Management Unit and forward a copy
through their chain of command. Do not forward hard copies to
the Fleet Management Unit.
b.
Whenever an officer is transferred to or from an approved takehome/on-call vehicle assignment, supervisors must submit
changes directly to the Fleet Management Unit. Officers will not
be considered approved for the vehicle until the change is
submitted to the Fleet Management Unit.
Rev. 04/22/08, Replaces 06/26/07
3
12.030
7.
The Fleet Management Unit will maintain a master list of positions
authorized take-home or on-call. No changes to the list will be made
without the direct written authorization of the Police Chief. The master
list will be submitted semiannually in January and July through the
Resource Bureau Commander for review and updating by the Police
Chief.
8.
It is the responsibility of each officer assigned to a position to know if
that position has a take-home or on-call vehicle status. Officers with
approval must submit a completed Form 429 directly to the Fleet
Management Unit upon transfer out of an assignment with takehome/on-call approval.
9.
Personnel will return personally assigned vehicles to the unit of
assignment when an absence will exceed seven days.
10.
No Department personnel will operate motor vehicle equipment
without a valid driver's license.
a.
Each January, district/section commanders will ensure a QD
(Query Driver's License) computer check is completed on all
sworn and non-sworn employees under their command who
operate a City or private vehicle on City time.
b.
District/section commanders will submit a check-off list to the
Personnel Section by January 31 each year containing the
following operator's license information:
c.
11.
D.
1)
Name of employee.
2)
Operators license number, type, state.
3)
Expiration date of the license.
4)
Date of verification and current status.
5)
Restrictions.
The district/section commander will retain a file copy.
Department employees will operate all Department automotive
equipment according to state laws, local ordinances and the Manual
of Rules and Regulations and Disciplinary Process for the Cincinnati
Police Department.
Motorized Vehicle Inspections
1.
Department employees will make daily inspections of their assigned
police vehicle before and after their tour of duty. The operator will
carefully check the following:
a.
Cleanliness: the vehicle will be clean inside and outside.
Unauthorized bumper stickers or other markings will not be on
the vehicle.
Rev. 04/22/08, Replaces 06/26/07
4
12.030
b.
Tires: properly inflated; be alert for damage or unusual wear.
c.
Body: dents or damage. Make any necessary reports of
damage.
d.
Lights: all working properly. Keep lenses clean.
e.
Glass: check windows for cracks. Maintain clear visibility.
f.
Oil: maintain proper level. Be alert for dripping oil. Check to see
if overdue for preventive maintenance.
g.
Cooling System: maintain proper coolant level.
h.
Brakes: check pedal for proper adjustment and uneven wear.
Check the emergency brake to be sure it holds the vehicle.
i.
Transmission: maintain proper fluid level.
j.
Steering: check to see if it is too tight or too loose. Check fluid
level.
k.
Battery: no maintenance required.
l.
Windshield Wipers: check for proper working order. Check
washer fluid level.
m.
Dashboard Instruments: check all dashboard instruments.
Check that all lights work.
n.
Seats: check to see if they are operational and will adjust easily.
o.
Gas Key: check for presence of and condition.
p.
Siren/Emergency Lights: check that they are working properly.
q.
Spot Lights/Auxiliary Lights: check that they are working
properly.
r.
Radio, LEERN: check to see if present and working properly.
s.
Mobile Video Recorder (MVR): check if all parts, including the
wireless microphone, are present and free from damage.
Record the serial # where indicated.
t.
Mobile Data Computer (MDC): check if working properly and all
parts, including the antenna, are free of damage. Record the
serial # where indicated.
u.
Automatic License Plate Recognition (ALPR): Check all three
mounted cameras on the light bar for damage. Inspect the
Thumb Drive and USB cable for damage.
Rev. 04/22/08, Replaces 06/26/07
5
12.030
v.
Radar Equipment: check if present and working properly.
w.
Shotgun and Ammunition/Shotgun Box: check for condition of
shotgun, shotgun box and supply of ammunition. Record the
serial # where indicated.
x.
Beanbag Shotgun: check to see that the seal on the box is not
broken. Record the serial # where indicated.
y.
Pepper Ball Gun: check for condition and supply of ammunition.
z.
Riot Shields: check for presence of and condition.
aa.
Protective Equipment: “Safeskin” Nitrile Exam Gloves and Hand
Cleaning Gel: maintain an adequate supply of both.
bb.
First Aid Kit, (5) Decontamination Wipes and Respiratory Bag
Valve Mask: check for presence, condition and adequate supply.
cc.
Scout Car Equipment: check for presence and condition of
stretcher, leather wrist and ankle restraints.
dd.
Fire Extinguisher: check that it is carrying proper pressure.
Check that fire extinguisher is mounted upright.
ee.
Traffic Cones: check for condition and supply.
ff.
Flares: maintain a minimum of 12.
gg.
Citizen Complaint Forms 648: maintain an adequate supply of
all.
hh.
Citizen Complaint Information Brochures: maintain an adequate
supply of all.
ii.
Report of Favorable Police Conduct Forms: maintain an
adequate supply of all.
jj.
FRA Form: a copy of the City of Cincinnati financial responsibility
letter.
kkj. QOT: perform a query of outstanding tags, note any located.
ll.
QW: perform a query of wanted persons, note any wants.
mm. Remarks: above is to serve only as a guide. Any other factor that
affects the safe, efficient, and economical operation of the
vehicle should be carefully noted. Section D.1.f. of this guide is
mandatory.
nn.
Each vehicle must be inspected at the beginning of each shift.
The purpose of the inspection is to ensure the vehicle is properly
equipped, properly maintained, free of weapons and contraband,
and has not been tampered with since last use.
Rev. 04/22/08, Replaces 06/26/07
6
12.030
2.
3.
On the 2nd and 4th Sundays of each calendar month, the first shift
OIC is responsible for completing a Form 427 on each vehicle. Each
district/section/unit will designate one supervisor to coordinate the
Preventative Maintenance (PM-A & B) program for the affected
district/section/unit. This supervisor will ensure that all necessary
vehicle maintenance is completed on schedule.
a.
The supervisor will initial all Forms 427 and prepare Form 427A,
Maintenance Inspection Sheet, verifying that all necessary
maintenance has been completed or is scheduled for
completion.
b.
The unit commander, or in his absence the acting unit
commander, will initial these reports showing approval. Keep
the Forms 427 and 427A on file at the unit of assignment.
c.
If the inspecting employee discovers needed repairs or service,
complete a Form 425, Motor Vehicle Repair Report.
Mileage Report
a.
On the 4th Sunday of each calendar month, the first shift OIC or
designee will complete a Form 426, Mileage Report, for all
vehicular equipment assigned to the unit.
b.
Complete the Form 426 as follows:
1)
State the correct dates for the beginning and ending
period.
2)
Arrange in numerical order according to equipment
numbers.
3)
Indicate all equipment assigned to the unit which is at Fleet
Services.
a)
4)
5)
c.
Place equipment number in proper sequence on the
report with the previous mileage reading. State
alongside "In Garage”. This must be a 5-digit number,
i.e., 00289.
List all equipment borrowed from another unit.
a)
Record the equipment number and the present
mileage reading in proper sequence on the report.
b)
State from where the equipment is on loan.
Total the mileage for the month.
The unit commander will review this report for completeness and
accuracy and forward it to the Fleet Management Unit through
Rev. 04/22/08, Replaces 06/26/07
7
12.030
the Department’s electronic mail system. Do not send a hard
copy.
E.
Shotguns
1.
All marked patrol vehicles are equipped with a 12-gauge shotgun.
2.
The shotgun, with four rounds in the magazine and six extra shells, is
mounted in the front of the vehicle.
3.
Each shift will ensure the shotgun and ammunition are in the vehicle.
a.
4.
F.
When the vehicle is left at the garage, remove the shotgun.
When the shotgun needs repair, contact the Firearms Training Unit.
Care, Maintenance, and Repair of Motorized Vehicles
1.
The police operator and his supervisor are responsible to see that
necessary service, maintenance, and repairs are coordinated through
the designated district/section/unit Preventative Maintenance
supervisor and completed.
a.
Schedule police vehicles for maintenance as follows:
Beat & Scout Cars
-
3,000 miles or 3 months PM-A oil
change
9,000 miles or 9 months PM-B
necessary repairs with oil change
Passenger Cars
-
6,000 miles or Vans, & Trucks
6 months for PM-A
18,000 miles or 18 months PM-B
Motorcycles
b.
Scheduling of service will be done at any police district at least
24 hours in advance of PM-A or PM-B service.
1)
2.
- 2,000 miles or 2 months PM-A
6,000 miles or 6 months PM-B
PM-As will normally take thirty minutes. PM-Bs will
normally take four hours to complete.
The operator of the vehicle on the first shift is responsible for having
the police vehicle washed and thoroughly cleaned inside and outside
when needed.
a.
During inclement weather, this will be done as often as
conditions warrant and service demands permit.
Rev. 04/22/08, Replaces 06/26/07
8
12.030
b.
G.
H.
The unit Preventative Maintenance supervisor will schedule
vehicles for maintenance. Only one of the unit’s vehicles will be
out of service at any one time whenever practical.
Preventative Maintenance Supervisor
1.
Each bureau/district/section is responsible for appointing a
Preventative Maintenance supervisor.
2.
The Preventative Maintenance supervisor will:
a.
Oversee the safe, efficient, and economical operation of the
motor fleet.
b.
Be responsible for administering the motor vehicle inspection
and preventive maintenance program for the unit using Forms
427 and 427A, and any other necessary forms.
c.
Complete a thorough investigation of all police vehicle accidents
involving personnel of the unit.
d.
Carefully analyze and evaluate all accidents involving unit
personnel and make appropriate recommendations. The
primary objective is identifying the accident-prone and negligent
driver.
e.
Review and evaluate the accident experience, vehicle inspection
reports, and driver evaluation examinations. Based on this
analysis, execute the Department program in the following
areas:
1)
Care of motor vehicles and equipment.
2)
Safe operation of vehicles and equipment.
3)
Preventive maintenance at the unit level.
4)
Motor vehicle inspection program.
Garage Facilities
1.
2.
Fleet Services, Central Parkway and Bates, provides 24-hour service.
a.
All services, including PM-As and PM-Bs and all related repairs
can be scheduled at any police district mechanic location.
b.
PM-As can be scheduled at Fleet Services main facility at 3523682 with 24 hours notice.
c.
Mechanics are on duty at all other times to make minor
emergency repairs and road calls.
The auxiliary garages at each district will make most repairs and
provide preventive maintenance to the motor fleet.
Rev. 04/22/08, Replaces 06/26/07
9
12.030
a.
These auxiliary garages are open Monday through Friday,
except holidays, during the following hours:
1)
District One
0800 to 1630 Hours
2)
District Two
0600 to 1430 Hours
3)
District Three
0600 to 1430 Hours
4)
District Four
0600 to 1430 Hours
5)
District Five
0600 to 1430 Hours
3.
During inclement weather or other emergency occasions, mechanics
respond to these auxiliary garage locations for service.
4.
When delivering a vehicle to Fleet Services or one of the auxiliary
garages for repair or service, the operator will verbally advise the
garage supervisor or person in charge, of the needed repair.
a.
If advised an extensive delay will be necessary to complete the
work, the officer will:
1)
Make arrangements to be picked up. Transfer all
equipment from the disabled vehicle to the appropriate
district or unit area.
a)
5.
Police vehicles are repaired at Fleet Services or auxiliary garages
only.
a.
6.
I.
Notify the unit of assignment of this transaction and
make an appropriate blotter entry.
Department leased vehicles are repaired at the lease vehicle
contractor’s designated site.
Promptly report recurring deficiencies in the operation or servicing of
motor vehicles on a Form 17 to the Police Chief.
Push Bumpers
1.
When repositioning a disabled vehicle utilizing the push bumpers
officers will:
a.
Visually inspect the disabled vehicle and police vehicle to
determine the point of contact.
b.
Position the police vehicle to allow the push bumpers to make
contact with the disabled vehicle’s bumpers.
c.
Inform the operator of the disabled vehicle to:
Rev. 04/22/08, Replaces 06/26/07
10
12.030
J.
1)
Unlock the steering wheel.
2)
Place the vehicle transmission in neutral.
3)
Maintain control of the vehicle (if the vehicle is unable to
start, the disabled vehicle will only have manual brakes and
manual steering).
d.
When both vehicles are ready for repositioning, slowly
accelerate the police vehicle enough to begin moving the
disabled vehicle (5 miles per hour is the maximum speed).
e.
When all the above steps have been taken and damage occurs to
either vehicle a Form 317, General Conditions Report, will be
completed and forwarded to Fleet Management Unit. The incident
will not be considered a vehicular accident.
Skid Chains
1.
If appropriate, maintain a set of skid chains for each marked vehicle at
the district garage.
2.
Do not install skid chains on any leased vehicles or vehicles equipped
with front wheel drive.
3.
Do not operate vehicles with skid chains having broken links. If
unable to make a satisfactory repair to the chain, the operator will
have the vehicle towed to the garage.
4.
Operate vehicles equipped with skid chains at moderate speed, to
prevent damage from the chains.
5.
The storing of salt, sand, or a mixture thereof in city vehicles, for use
on slippery streets, is prohibited.
Rev. 04/22/08, Replaces 06/26/07
11
12.031
12.031 AUTOMATIC LICENSE PLATE RECOGNITION (ALPR)
Reference:
Procedure 12.030 Vehicles: Assignment, Use, and Maintenance
Information:
The ALPR consists of three fixed cameras mounted on the light bar of selected
marked vehicles, a USB cable and Thumb Drive located inside the passenger
compartment and a program icon located on the Mobile Data Computer (MDC)
touch screen.
The Thumb Drive takes seven to eight minutes to download new information into
the system. Absent emergency conditions, the operator will complete this task
during vehicle inspection to reduce the down time at the station.
Policy:
Only authorized personnel trained in the use of the ALPR are to operate the
system.
The three mounted cameras are not adjustable; no attempt to move or reposition
them is permitted. The Thumb Drive is assigned to each system; they are not to
be transferred to another vehicle. The data downloaded on the Thumb Drive is
for official use only and contains sensitive information including data from
LEADS, RCIC and NCIC. Downloading any other type of files or information into
the Thumb Drive or MDC is prohibited.
Any hits received from the ALPR including stolen vehicles, delinquent citations,
open capiases or wants must be confirmed through the MDC, Police
Communications, the Hamilton County Clerks Office or Central Warrants before
enforcement action is taken.
Procedure:
A.
System Inspection and activation
1.
Obtain the Department authorized Thumb Drive from the Shift OIC.
Connect the Thumb Drive to the designated computer in the District
and select (Run-Begin Shift) to update the LEADS, RCIC and NCIC
information.
2.
Inspect the three mounted cameras, USB cable and Thumb Drive for
damage.
3.
Power up the system by logging on to the MDC and clicking the ALPR
icon located on the touch screen.
4.
Connect the Thumb Drive to the USB cable in the vehicle.
5.
Log in and select (Begin-Shift), this will take seven to eight minutes.
04/22/08
1
12.031
B.
C.
ALPR returns
1.
Hits generated by the ALPR including open warrants or stolen
vehicles are not sent to Police Communications or the dispatcher.
Officers should notify the dispatcher via their portable radio prior to
taking any action.
2.
Operators must confirm the plate by visually checking the actual plate
against the captured image.
3.
After confirming the plate and the status of a wanted return, the
operator may take enforcement action.
4.
After enforcement action is taken a disposition should be entered into
the ALPR system closing the incident.
System shut down
1.
04/22/08
Touch (End-Shift) which will download the captured information during
the tour of duty into the Thumb Drive.
a.
Log out of the system.
b.
Verify the system is shut down before turning off the MDC.
c.
Remove the Thumb Drive and down load the captured
information into the designated district computer.
d.
Turn in the Thumb Drive to the shift OIC.
2
12.033
12.033 MOUNTAIN BIKES AND SEGWAYS: ASSIGNMENT,
USE, AND MAINTENANCE
Reference:
Procedure 12.020 - Uniforms, Related Equipment, and Personal Grooming
Definitions:
Department Mountain Bike Coordinator: a Police Officer/Specialist who is a
member of the bike patrol. The duties of the Department Mountain Bike
Coordinator are to oversee the safe, efficient, and economical operation of the
mountain bike equipment; to review the mountain bike inspection and
preventative maintenance program for the districts; and to review all mountain
bike related paperwork requesting repair or replacement of any mountain bikes,
mountain bike equipment, or uniform parts.
District Mountain Bike Supervisor: a supervisor designated by the District
Commander. The District Mountain Bike Supervisor will maintain a list of all
certified officers assigned to bike patrol duties.
Purpose:
To familiarize Department personnel with the functions, capabilities, assignment,
use, and maintenance of the Department Mountain Bikes and Segways.
Policy:
Mountain bikes and Segways are primarily used for patrol duties. They are
designed to have officers more accessible and visible to the public. This will
facilitate contact between officers and the community.
Information:
Each district has officers trained to perform patrol duties on mountain bikes.
Mountain bike equipment will be assigned and deployed to
Districts/Sections/Units by the Patrol Bureau Commander. Mountain bike
equipment will only be operated by certified department personnel or personnel
authorized by the Police Chief. Issued mountain bike equipment will be used by
assigned officers only. Mountain bike equipment may be used by another bike
officer with permission from the Department Mountain Bike Coordinator, or
Mountain Bike Supervisor in the District.
Segways will only be operated by department trained personnel.
Procedure:
A.
Deployment
1.
When transporting bikes or Segways to various beats on a marked
police unit, officers will park in a centrally located area within their
beat that is visible to the general public. Officers assigned to Segways
Rev 04/22/08, Replaces 04/01/02
1
12.033
will be assigned to a scout car or district pickup truck for transport
purposes. Only two Segways will be transported at a time.
a.
Bike carriers will be secured in the trunk of the vehicle while
officers are on bike patrol, and at the end of their tour of duty.
1)
B.
Whenever possible, bike officers or Segway officers should
be assigned to patrol in pairs.
Weather
1.
Bike officers are expected to ride their bikes in varying weather
conditions. Officers and supervisors should take a common sense
approach toward riding in extreme conditions, which would pose an
obvious threat to their physical health (i.e., extremely cold/extremely
hot and humid).
a.
Restrictions
1)
2)
2.
Riders will return to vehicle patrol when the following
conditions exist:
a)
Thunderstorms and active lightening in the area
b)
Severe weather warnings
c)
Snow and/or ice covered streets and sidewalks
d)
District supervisor determines that service demands
are high and/or district coverage needs are present
In addition to above Segways will not be operated when the
outdoor temperature is below 40 degrees Fahrenheit.
If any of the restricted conditions occur after officers begin their tour of
duty, they will remain in bike uniform for the remainder of their tour.
3. If any of the restricted conditions occur before their tour of duty, all bike
officers will wear the normal uniform of the day.
4. Segway operators will only where the uniform of the day including a
department-approved helmet (CDOP or department bicycle helmet),
and eye protection.
C.
a.
Bike officers will maintain a complete uniform of the day in their
district locker.
b.
Bike officers will be subject to change uniform at the discretion
of a district supervisor.
Prisoner Transportation
1.
Orderly Prisoners
Rev 04/22/08, Replaces 04/01/02
2
12.033
a.
Orderly prisoners will be guarded at the scene by one
bike/Segway officer. The other bike/Segway officer will ride to
retrieve the vehicle and transport the prisoner.
1)
2.
Disorderly Prisoners
a.
D.
Back up units will transport the prisoner. The bike/Segway
officers will relieve the transporting unit at the Justice Center
once they have retrieved their vehicle.
Mountain Bike and Segway Equipment
1.
E.
If the bike/Segway officers do not have a vehicle in the
field, a beat car will transport the orderly prisoner to the
district and meet the bike officers.
Districts have varying amounts of fully equipped mountain bikes.
These bikes all have the following accessories:
a.
Rear red flashing battery operated light
b.
Cyclometer
c.
Two water bottle cages
d.
Rear heavy duty kick stand
e.
Rear rack (for top mount bag)
f.
Top mount expandable bag with “Police” markings
g.
Protective tire liners for front and rear
h.
Mini tire pump
i.
Inner tube repair kit with tire levers
j.
Security cable
2.
If a replacement part/equipment is needed, the officer will complete a
Form 630.
3.
Segway accessories include:
a.
Wireless Infokey Controller
b.
Front dual beam headlight, with rechargeable battery.
c.
Read red flashing battery operated light.
d.
Security cable.
Equipment Security
Rev 04/22/08, Replaces 04/01/02
3
12.033
F.
1.
Officers will secure their bikes or Segways whenever they are away
from them, unless circumstances exist that prevent the officer from
doing so (crime in progress, assistance, etc.). When officers are
away, they will use the security cable, using their spare set of
handcuffs to lock the cable.
2.
Bikes and Segway related equipment will be kept in a secured area in
the district when not in use.
District Equipment
1.
The following bike equipment will be maintained in the district:
a.
Bike stand - used for making minor repairs
b.
Floor tire pump
c.
Front dual beam headlight
1)
2.
3.
Signed in/out of the District Blotter
The following Segway equipment will be maintained in the district:
a.
Segway stand
b.
Floor tire pump
c.
Repair tools
Spare Parts
a.
A sufficient amount of spare parts for minor repairs should be
maintained in the district. Parts should include, but are not
limited to:
1)
One high and low beam replacement bulb per bike
2)
One replacement inner tube per bike
3)
AA batteries (1 case) for rear lights
4)
Any other bike related equipment, manuals, and instruction
sheets
b.
These items will be kept in a secured locker with access limited
to supervisors /or bike officers.
c.
A bike patrol log will be maintained for pertinent information
regarding bike repairs, parts removed, damage, etc. The
Department Mountain Bike Coordinator will note any repairs
made in the log.
Rev 04/22/08, Replaces 04/01/02
4
12.033
d.
G.
H.
A monthly inventory of the locker will be kept by the District
Mountain Bike Supervisor to ensure that an adequate inventory
of replacement parts is maintained.
Inspection
1.
By the fourth Sunday of each calendar month the District Mountain
Bike Supervisor will ensure a Form 428 is completed for each bike.
He will then forward it to the Department Mountain Bike Coordinator.
2.
The Department Mountain Bike Coordinator will prepare and keep on
file a Form 428A (Cincinnati Police Department Mountain Bike
Inspection Summary) indicating that each bike has been inspected.
3.
Bike officers will make daily inspections of their assigned mountain
bike before and after their tour of duty, (including an unassigned bike
if used during their tour of duty).
4.
A monthly inspection of the Segways and accessories will be
completed by a designated supervisor, who will be assigned by the
District Commander
Maintenance and Repairs
1.
The Mountain Bike Officer is responsible for the upkeep of his bike, to
include notifying the Mountain Bike Supervisor of repairs and service
needed.
2.
Maintenance Files
a.
b.
Department Mountain Bike Coordinator will maintain bike
jackets, which must contain:
1)
City number, model, and serial number of the bike &
assigned officer
2)
Replacement Parts Form 630
3)
Date of purchase and purchase price
4)
Description of the bike and accessories
5)
Maintenance contract date of purchase and expiration
6)
Repair slips, copies of Forms 630, purchase orders, and
any invoices
7)
Damage reports
The district commander will designate a supervisor who will
maintain a file on each Segway including:
1)
City and manufacturer serial numbers
Rev 04/22/08, Replaces 04/01/02
5
12.033
3.
Description and accessories
3)
All repair records including copies of all purchase orders,
repair slips, Forms 630 and invoices.
4)
Maintenance contracts
5)
Damage reports
Monthly bike tune ups and repairs will be scheduled at each district.
a.
4.
2)
Minor repairs can be made on the scene by the bike officer.
1)
Complete the repair slip indicating what the repair was and
any parts used.
2)
If possible, tire repair/replacement will be done by the bike
officer at the district.
Major repairs are those that only a bike mechanic may handle.
a.
During business hours:
1)
b.
Fill out a repair slip and take the bike to the vendor for
repair.
Non-business hours:
1)
If the repair is needed and the vendor is not open for
business, take the bike out of service.
a)
c.
If the request for parts is not covered by the maintenance
contract:
1)
2)
d.
The bike officer will send a copy of the Form 630 to the
Department Mountain Bike Coordinator for
review/recommendation.
The officer will submit the form to his District Mountain Bike
Supervisor.
Personnel picking up or accepting delivery of repaired bikes will
obtain a completed repair slip, with cost and signature included.
1)
e.
The District Mountain Bike Supervisor will notify the
vendor of the repairs needed. The vendor will
respond to pick up the bike or the officer will drop the
bike off.
Forward the signed repair slip to the Department Mountain
Bike Coordinator.
Repainting or replacement of frames, or replacement bikes must
be requested on a Form 630 explaining the reason for the
request.
Rev 04/22/08, Replaces 04/01/02
6
12.033
1)
5.
Segways in need of service or repair will be documented on a repair
slip and forwarded to the designated supervisor.
a.
I.
J.
The officer will forward a copy of the 630 to the Department
Mountain Bike Coordinator.
The city has a service contract for the Segways. The designated
supervisor will notify the service provider for repair or pick after
receiving a repair slip.
Cleaning
1.
Bikes should be wiped down daily with a dry rag to remove dirt. If
water is needed to clean, use a damp cloth. Never spray a bike with
water from a hose. Sprayed water can damage internal bearings.
2.
Segways can only be cleaned with a damp cloth. No water should be
sprayed on the Segway. Sprayed water can damage electrical
components and internal bearings.
Mountain Bike Training and Public Appearances
1.
Requests for mountain bike training/public appearances will be
submitted through the officer’s chain of command.
a.
Once approval has been given, the officer will contact the
Mountain Bike Coordinator for necessary information.
Rev 04/22/08, Replaces 04/01/02
7
12.035
12.035 REPORTING POLICE VEHICULAR ACCIDENTS AND
DAMAGE
Reference:
Procedure 12.225 - Vehicular Crash Reporting
Procedure 12.435 – Reporting Conditions Affecting Other Departments – Form
318
Procedure 12.535 - Emergency Operation of Police Vehicles and Pursuit Driving
Traffic Crash Report Procedures - Ohio Department Highway Safety
Administrative Regulation #52 - Substance Abuse Policy
Definitions:
Police Motor Vehicle Accident - an occurrence that results in property damage
and/or injury and meets the following conditions:
1.
It is an accident.
2.
It involves a motor vehicle that is owned or leased by the City of Cincinnati
or the Police Department, or is under the control of a Police Department
member during the performance of official duties.
When a disabled vehicle is moved utilizing “push-bumpers” and damage occurs to
either vehicle, the incident is not considered a vehicular accident.
Category 1 (negligent) - a Department member has committed a Category 1
violation when found at fault for a vehicular accident and the member has
violated a minor misdemeanor provision of the Cincinnati Municipal Code (CMC),
Ohio Revised Code (ORC), or applicable statute from another jurisdiction.
Category 2 - A member has committed a Category 2 violation when they:
•
•
•
are at fault for a vehicular accident and have violated any provision of
Procedure 12.535, Emergency Operation of Police Vehicles and Pursuit
Driving;
are at fault for a vehicular accident and have violated a provision of the
CMC, ORC, or applicable statute from another jurisdiction that is a fourth
degree misdemeanor or higher.
operated a vehicle involved in an accident and failed to properly wear a
seatbelt restraining device.
Original documents – photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Rev. 12/16/08, Replaces 03/25/07
1
12.035
Purpose:
Provide for the investigation and uniform reporting of police vehicular accidents
and damage to police vehicles. Police vehicles include automobiles,
motorcycles, bicycles, trailers and horses.
Policy:
Department members are be subject to corrective and/or disciplinary action for
Category 1 and 2 motor vehicle accidents.
Procedure:
A.
B.
Documentation Needed for Accidents
1.
Form OH-1, Ohio Traffic Crash Report.
2.
Form 90SP, Supervisors Review of Vehicle Crash. The following
must be investigated at the scene by a supervisor:
a.
When vehicle is in motion with a driver.
b.
When vehicle is in motion without a driver.
c.
When vehicle is parked on public or private property.
d.
When a bike, horse, etc., is struck by a motor vehicle.
Police Vehicles Involved in Auto Accidents
1.
The operator of any police vehicle involved in any vehicular accident
will:
a.
Allow all involved vehicles to remain in the post-accident position
if traffic conditions permit. With the exception of emergency
circumstances, do not remove vehicles from the immediate
vicinity.
b.
Provide necessary aid and transportation for the injured.
c.
Immediately request Police Communications Section (PCS) to
dispatch a district car and district/section/unit supervisor to
investigate the accident.
1)
It is the responsibility of the district/section/unit supervisor
to which the operator is assigned to conduct the
supervisory portion of the investigation.
a)
If the responsible district/section/unit supervisor is
unavailable, the nearest available district supervisor
will conduct the investigation and will forward the
forms to the vehicle operator’s unit of assignment for
review and processing.
Rev. 12/16/08, Replaces 03/25/07
2
12.035
2)
If the police vehicle involved in an auto accident is a horse
and the horse is injured, the investigating supervisor will
request a Mounted Squad supervisor respond, including
recall if necessary, unless the injury is very minor.
3)
If a serious accident involving a police vehicle occurs, the
investigating supervisor will request Traffic Unit respond,
including recall if necessary.
4)
The investigating supervisor will also have PCS notify the
Fleet Management Unit Supervisor while at the scene if
any of the following apply:
5)
2.
a)
A police vehicle has sustained substantial damage.
b)
Traffic Unit conducts the investigation.
c)
The accident results in serious injury to an officer or
citizen.
d)
A police vehicle requires immediate mechanical
inspection or examination.
The investigating supervisor will ensure, if possible,
photographs are taken of damage to all involved property.
Required reports
a.
When police equipment is involved in an auto accident, even if
on private property, supervisors will ensure the following are
completed:
1)
Form OH-1 completed by the investigating officer.
a)
The police equipment operated by the on duty police
officer will be identified as a “Police Vehicle” on the
OH-1 in the space provided for “Type of Unit.” This
applies to all marked and unmarked police vehicles
including motorcycles and trucks.
2)
Form 90SP completed by the investigating supervisor.
3)
Form BMV3303, Ohio Motor Vehicle Crash Report, only
required if a driver cannot show proof of insurance at the
accident scene.
a)
The Fleet Management Unit will forward the Form
BMV3303 to the Ohio Bureau of Motor Vehicles when
required.
b)
Officers are required to sign Form BMV3303 when
the driver of an involved vehicle is uninsured. The
Form BMV3303 is then forwarded to Fleet
Management Unit.
Rev. 12/16/08, Replaces 03/25/07
3
12.035
4)
b.
C.
The investigating supervisor will scan Forms OH-1 and
BMV3303, if applicable, into the computer and attach to the
appropriate ETS case folder.
If the accident causes damage to other City property, e.g., fire
hydrant, the investigating supervisor will prepare Form 318,
Conditions Affecting Other Departments, in accordance with
Procedure 12.435.
3.
The vehicle operator’s supervisor will make a blotter entry briefly
describing the facts of the accident. Indicate the necessary reports
have been completed.
4.
The supervisor will make the appropriate entries in the police vehicle
jacket.
5.
The investigating supervisor will examine the damaged vehicle to
determine if it is safe for use. Consider both mechanical defects and
unsightliness. If unsure if the vehicle is safe to use, call the Fleet
Management Unit Supervisor.
a.
Tow or drive the vehicle to the Fleet Services body shop if the
vehicle is removed from service.
b.
During regular Fleet Services working hours (0800-1630), if the
vehicle is safe for patrol duty, take it to Fleet Services for an
estimate at the body shop.
c.
After regular Fleet Services working hours, the first shift officer in
charge (OIC) will send the vehicle to the Fleet Services body
shop after 0800 hours on the next regular working day for an
estimate.
d.
The officer taking the vehicle to the body shop will take the
BMV3303 only if it was completed due to the involvement of an
uninsured motorist. Body shop personnel will fill out the
BMV3303. The officer will then sign the BMV3303 and forward it
to the Fleet Management Unit.
e.
The supervisor will enter the estimate in the blotter and on the
Form 90SP.
Documentation Needed for Non-Auto Accident Incidents
1.
Immediately notify a supervisor in the district of occurrence of the
incident.
2.
Do not complete a Form 90SP. Supervisors will ensure the necessary
forms are completed based on the cause of the damage.
a.
Damage (scratches, dents, body damage, etc.) not the result of
a criminal act is reported on a Form 317, General Conditions
Report.
Rev. 12/16/08, Replaces 03/25/07
4
12.035
b.
Damage (broken window, flattened tire, radio antenna broken,
etc.) which is the result of a criminal act is reported on Form 301,
Incident Report. An estimate will be completed by Fleet Services
for possible restitution when criminal charges are filed. All forms
will be sent through the chain of command and forwarded to the
Fleet Management Unit.
c.
Incidents occurring which result in personal injury or property
damage by police equipment (collisions involving Department
bikes, horses, etc., with persons or property) are reported on a
Form 301.
1)
D.
If injury or damage is due to horse involvement, a Mounted
Squad supervisor will investigate the incident and ensure
Form 301 is completed. If unavailable, notify a Park Unit
supervisor.
a)
If neither of the above are available, notify a
supervisor in the district of occurrence.
b)
In all cases, the supervisor notified will prepare a
Form 17 with all pertinent facts and route through the
chain of command.
Progressive Corrective and/or Disciplinary Action
1.
Progressive corrective and/or disciplinary action will be administered
for Department members involved in Category 1 and Category 2
vehicular accidents.
a.
Department members will be subject to disciplinary action for
auto accidents where they are found to have been negligent and
any of the following apply:
1)
The member has been found at fault in four or more
Category 1 motor vehicle accidents within a 24-month
period.
2)
The member has been found at fault in two or more
Category 2 motor vehicle accidents within a 24-month
period.
3)
The member has been found at fault in three Category 1
and one Category 2 motor vehicle accidents within a 24month period.
4)
The member has been found at fault in a Category 1 or
Category 2 motor vehicle accident that resulted in serious
injury, as defined by ORC 2901.01(E), or death.
Rev. 12/16/08, Replaces 03/25/07
5
12.035
E.
Uniform Corrective/Disciplinary Action Guidelines
1.
Mitigating factors, such as injuries and property damage, will be
considered to affix disciplinary penalties within the range indicated by
this policy. Disciplinary action will be added to Employee Tracking
Solution (ETS) vehicle crash case folder by using the “Add Employee
Supplement Log” or “Add Attachment” function, or both.
a.
Category 1 Accidents (24-month period):
•
1st Category 1 accident: ESL entry.
•
2nd Category 1 accident: ESL entry and driver’s training.
•
3rd Category 1 accident: Written Reprimand and driver’s
training.
•
4th Category 1 accident: Pre-disciplinary Hearing.
•
Sustained finding for 4th Category 1 accident: 8 hours
suspension.
•
Sustained finding for 5th Category 1 accident: 8 - 24 hours
suspension.
•
Sustained finding for 6th Category 1 accident: 24 - 40 hours
suspension.
•
Sustained finding for 7th Category 1 accident: 40 hours
suspension – dismissal.
b.
Category 2 Accidents (24-month period)
•
1st Category 2 accident: Written Reprimand and driver’s
training.
•
2nd Category 2 accident: Pre-disciplinary Hearing.
•
Sustained finding for 2nd Category 2 accident: 8 - 24 hours
suspension.
•
Sustained finding for 3rd Category 2 accident: 24 - 40 hours
suspension.
•
Sustained finding for 4th Category 2 accident: 40 hours
suspension – dismissal.
Rev. 12/16/08, Replaces 03/25/07
6
12.035
F.
Responsibilities of District/Section/Unit Commanders
1.
District/section/unit commanders will carefully analyze and evaluate all
accidents involving personnel under their command. They will
arrange appropriate corrective training and make disciplinary
recommendations. The primary objective is to identify the accident
prone and careless driver. The district/section/unit commander will:
a.
Initial and make recommendations/comments in Block 33 of
Form 90SP.
b.
Work-flow the completed Form 90SP and attached documents
through the chain of command to the Fleet Management Unit.
Route the hard copy of the BMV3303 through channels to the
Fleet Management Unit, if applicable. Photographs are retained
in the vehicle jacket at the district/section/unit.
2.
All reports of police vehicle accidents will be reviewed by the affected
district/section/unit commander and forwarded to the affected bureau
commander for review. If the circumstances listed under Section E.1.
apply, a pre-disciplinary hearing will be scheduled. The Resource
Bureau Commander is the Department Hearing Officer for police
vehicle accidents.
3.
The Fleet Management Unit, upon receipt of Forms 90SP, OH-1, and
BMV3303, will:
a.
Examine the reports for completeness and accuracy and
evaluate the facts of the accident.
1)
Forward copies of Forms 90SP, OH-1, and Fleet Services
estimate to Fleet Services Subrogation Section when an
outside party is at fault.
b.
Send the signed original Form BMV3303 to the BMV when
required.
c.
Send a form letter to the BMV with pertinent information from the
Form OH-1 to ensure sworn personnel do not receive points on
their driver's license for on-duty accidents.
d.
File a copy of the Form 90SP in the vehicle jacket:
e.
Work-flow the information to Training Section for additional
training when recommended.
f.
Finalize the case in ETS.
Rev. 12/16/08, Replaces 03/25/07
7
12.035
G.
Post-Accident Testing
1.
2.
As soon as practical following a vehicular accident involving a
Department member, while in the course and scope of duty and/or
who was operating a city vehicle, the member shall be tested for
drugs and alcohol if:
a.
The accident involves the loss of human life, or
b.
The member receives a citation under state or local law for a
moving violation arising from the accident.
A member who is subject to post-accident testing shall remain readily
available for such testing or may be deemed to have refused to
submit to testing. Nothing in this section shall be construed to require
the delay of necessary medical attention for injured persons following
an accident or prohibit a member from leaving the scene of an
accident for the period necessary to obtain assistance in responding
to the accident or necessary medical care.
a.
3.
4.
The results of blood or breath tests for alcohol detection, or urine
tests for drug detection, conducted by federal, state, or local
officials having independent authority for the test shall be
considered to meet the requirements of this section, provided
such tests conform to applicable federal, state, or local
requirements and the results are obtained by the city.
Members required to take a post-accident alcohol test shall not use
alcohol for eight hours following the accident or until the member
undergoes a post-accident test, whichever comes first.
a.
If an alcohol test is not administered to the member within two
hours following the accident, the supervisor will prepare a Form
17 stating the reasons the test was not administered.
b.
If an alcohol test is not administered to the member within eight
hours following the accident, attempts to administer an alcohol
test shall cease and the supervisor will prepare a Form 17
stating the reasons the test was not administered.
If a drug test is not administered to the member within 32 hours
following the accident, attempts to administer a drug test shall cease
and the supervisor will prepare a Form 17 stating the reasons the test
was not administered.
a.
CONSENTRA Medical Center, located at 4623 Wesley Avenue
Suite C, Cincinnati, will administer drug tests Monday through
Friday, 0800 hours to 1600 hours.
b.
The Jewish Hospital, 4777 E. Galbraith Road, will administer
drug tests from 1600 hours to 0800 hours and on weekends.
Rev. 12/16/08, Replaces 03/25/07
8
12.101
12.101 PREMISE HISTORY CONTROL
Purpose:
To provide added information and security for field units who have occasion to
respond to a location that has some history of importance (either noteworthy or
hazardous).
To provide immediate information for officers who are responding to a call.
To provide location information for hard to find places.
To establish a guide and procedure for entering, processing, disseminating, and
validating premise information.
Policy:
This procedure will act as a guide to Department employees in the gathering and
disseminating of important and timely premise information by the Computer
Aided Dispatch System (CAD) at Police Communication Section (PCS).
Premise information is available to all Department members. Use of this
resource is highly recommended and encouraged.
Information:
The term "premise history" refers to any information connected to a specific
address that may be of interest to responding officers. Premise information will
include the following items:
1.
Police Warnings (PW): a possible hazard to police officers, i.e., violent
mentally impaired person, wanted fugitive, possible weapons on
premises, communicable disease carriers, etc. This will also include
locations that provide services needed for the orderly flow of
government, i.e. Water Works, Cinergy/CGE, Cincinnati Bell
Telephone, etc.
2.
Police Histories (PH): address information on businesses and
property which would include private driveways, new
subdivisions/streets, Ohio River mile markers, schools, banks, health
care and nursing homes.
3.
Occupant Information (OC): addresses of upper management
employees within the various City departments including City Council,
City Manager, and Mayor.
4.
Fire Warnings (FW): address with possible hazards, and building
information to assist firefighters. This includes information such as
locations of water supplies, hazardous chemicals, etc.
PCS is responsible for inserting premise information into the CAD.
Rev. 10/05/04, Replaces 2/98
1
12.101
The preferred method of relaying information to the responding officer will be via
the MDT. The dispatcher will advise responding officers of the existence of
premise information. It will be the responsibility of the responding units to view
this information.
An alternate method of relaying information to responding officers will be voice
transmission on the primary dispatch channel. If information is of a sensitive
nature and cannot be broadcast, information will be relayed by phone.
Procedure:
A.
Entering Premise Information (PIN) Files
1.
Information reported should be for the purpose of alerting responding
officers to a condition regarding a specific location.
a.
2.
3.
Intersections cannot be used for a PIN. Entries can be made for
specific addresses only.
Discretion should be used regarding the amount of information
entered. Information should be factual and concise. All requests are
subject to review and will be edited by PCS if necessary.
a.
Confidential medical information must be worded in a sensitive
manner.
b.
No entry can be made which will completely deny service to
someone for any reason, i.e., a mentally impaired person who
has a history of calling 911 cannot be denied service without first
evaluating the reason for the current request.
c.
Entries are for law enforcement purposes only. This file may not
be used for personal matters.
When a determination is made to establish premise information on an
address, an officer may do one of the following:
a.
b.
Make an entry via the MDT. All field officers have the capability
of entering PIN via the MDT. These entries will remain in the
system for four days.
1)
While assigned to an incident, type the following: PE,{text
of the information you want entered}, or
2)
After an incident is closed, type the following: PE #P{4 digit
inc number}, text of the information you want entered}, e.g.
PE #P1230, Caution, occupants have threatened to kill
police.
3)
If you mistakenly enter information, contact PCS for
removal of the Premise Information entry.
Contact a PCS supervisor for direct CAD entry.
Rev. 10/05/04, Replaces 2/98
2
12.101
4.
B.
C.
Officers’ entries and direct entries by PCS supervisors will be
automatically purged in four days if a Form 310, Premise History
Control, is not received requesting an extension.
Extensions and Updates of Premise Information Entries
1.
To request a continuation of a PIN, a Form 310 must be initiated by a
supervisor and sent to PCS. Requests will normally be extended for a
period of 90 days.
2.
Any request for an indefinite PIN entry or extension must be
requested on a Form 310 with a valid explanation.
3.
Updates can be made on a PIN to modify or delete information on an
existing record. Updates must be requested on a Form 310.
4.
Update requests should include sufficient information to identify the
original record and should specify the needed change.
Premise Information Validations
1.
PCS will send out a quarterly PIN list, with a Form 17 cover letter
attached, to the following districts/sections/units for review:
a.
All districts
b.
Criminal Investigation Section
c.
Intelligence Unit
d.
General Vice Enforcement Unit
e.
Street Corner Unit
f.
Special Services Section
2.
The above districts/sections/units will be responsible for reviewing and
returning the attached Form 17 cover with recommendations noted in
the areas provided.
3.
Since PIN entries are automatically purged by CAD after the
expiration date, all districts/sections/units should return these
validations in a timely manner.
Rev. 10/05/04, Replaces 2/98
3
12.105
12.105 EMERGENCY MEDICAL SERVICE, PANIC/DURESS
ALARMS, 911 DISCONNECT CALLS, 911 SILENT
CALLS, AND FORCED ENTRIES
References:
Mincey v. Arizona, 437 US 391, 98 (1978)
State v. Nields, 93 Ohio St. 3d 6 (2001)
Procedure 12.135 - Reporting False Alarms on a Form 315
Policy:
The Cincinnati Fire Department will evaluate a citizen's request for emergency
medical service. They will also administer first aid and transport all persons in
need of hospitalization.
Police Communications Section (PCS) will not dispatch officers on medical runs
unless requested by the Fire Department. PCS will dispatch police and fire units
simultaneously on some select calls.
Because of the circumstances involved in a 911 silent/disconnect call and
panic/duress alarms, every effort should be made to determine the cause of the
call. When unable, further investigation is necessary. The Supreme Court has
held that police may make warrantless, and presumably, forcible entry into a
home where they reasonably believe a person within is in need of immediate aid.
To reduce the threat of civil claims, forcible entry will be done with reasonable
care and with as little damage as possible.
Procedure:
A.
Emergency Medical Request for Service
1.
Fire Department personnel will not transport:
a.
Dead on arrivals (DOAs).
b.
Ambulatory crime victims with no injuries.
c.
Rape victims with no injuries.
d.
Dog bite victims with no injuries.
e.
Any violent or potentially violent victim.
Rev. 02/10/04, Replaces 11/25/03
1
12.105
2.
When Fire Department transportation is not available:
a.
The Fire dispatcher will request police response. Fire
Department personnel at the scene will determine if a beat car
or a scout car is necessary.
1)
b.
3.
At the time of dispatch, PCS will advise the officer a Fire
Department ambulance is unavailable.
When requested by the ranking Fire Department officer or EMT
at the scene, a police officer will provide transportation services.
1)
If the police officer believes transporting a victim will risk
serious injury or loss of life, he will request an EMT to
accompany the victim and provide patient care.
2)
After providing the transportation service, if the police
officer feels the request was unreasonable, he will bring the
incident to the attention of his supervisor.
If the police are needed at the scene:
a.
The fire dispatcher will notify PCS of fire runs only when police
are needed at the scene.
1)
PCS will dispatch the appropriate police unit, which will
respond without delay.
2)
The fire dispatcher will advise PCS if an emergency
response is needed. Unless advised of an emergency, the
police unit will not respond with emergency lights and
siren.
3)
Fire Department personnel will remain on the scene until
police arrive.
a)
Fire Department personnel will request police
response in the following cases:
1]
Any death
2]
Suicide attempt
3]
Shooting or cutting
4]
Violent mental
5]
Any injury where death may occur
6]
Any criminal offense
7]
A threat to fire personnel
Rev. 02/10/04, Replaces 11/25/03
2
12.105
4.
b.
Fire personnel will make every effort to keep witnesses at the
scene and to protect evidence.
c.
Officers will complete the appropriate report when transporting a
victim of an accident or crime, or any person for a medical
reason.
d.
Police vehicles will not escort other transporting vehicles.
Requests for Escort
a.
When the PCS operator receives a call from a civilian requesting
a police escort during a medical emergency, the operator will
determine the nature of the emergency and location of the caller.
b.
PCS will contact fire dispatch who will dispatch the appropriate
emergency units.
c.
PCS will advise the caller:
d.
B.
The Department will not provide an escort
2)
Stay at their location and await the emergency vehicles
Any officer encountering a civilian requesting a medical escort
will remain at that location and notify PCS of the situation.
Panic/Duress Alarms
1.
C.
1)
When panic/duress alarms are received from various alarm
companies, the operator will dispatch two field units to the location.
911 Disconnect Calls
1.
When the PCS operator answers an emergency 911 call and the
caller is disconnected from the operator, the dispatcher will:
a.
Attempt to recall the phone number supplied by the automatic
number identifier (ANI) in the CAD system.
1)
If the attempt to recall is successful and no emergency
exists, no units will be dispatched.
2)
If the attempt to recall is unsuccessful, PCS will dispatch
two units to the location supplied by ALI.
a)
If the location is identified as a pay phone, PCS will
dispatch one unit.
Rev. 02/10/04, Replaces 11/25/03
3
12.105
D.
911 Silent Calls
1.
When the PCS operator answers an emergency 911 call and the
caller fails to give a voice response and the line remains open the
operator will:
a.
Dispatch two officers to the location supplied by the automatic
location identifier (ALI) in the CAD system.
1)
2.
E.
The PCS operator will attempt to keep the line open until the officer
on scene hangs up the phone. The PCS supervisor may give
permission to hang up the line if the call originates from a pay phone
and no activity is heard.
Forced Entries
1.
Officers responding to 911 silent/disconnect calls or panic/duress
alarms which may require a forced entry will:
a.
Attempt to get a response at the location.
b.
If no response, request a computer generated history from PCS
of runs at the location to determine if other 911 silent/disconnect
calls or panic/duress alarms have occurred at the location.
c.
Evaluate the current situation
d.
1)
Are there any neighbors who may have a key to the
premises (landlord, etc.)?
2)
Have PCS check for further information from the alarm
company or monitoring station.
If unable to determine the cause of the 911 silent/disconnect call
or panic/duress alarm, request a supervisor respond to the
scene.
1)
2.
F.
If the location is a pay phone, PCS will dispatch one unit.
If an on-scene officer believes an emergency situation
exists, with supervisory approval, a forced entry may be
made prior to the supervisor's arrival.
Any other situation requiring a forcible entry will necessitate prior
approval of a supervisor.
Supervisor Responsibilities
1.
If a forced entry is necessary, the supervisor will:
a.
Announce at the door a forced entry will be made if no one
answers.
Rev. 02/10/04, Replaces 11/25/03
4
12.105
1)
The Fire Department has entry devices and can gain
access to upper floors when a forced entry is necessary.
b.
Ensure the entrance is secured before leaving the scene.
c.
Process a Form 17 through channels to the Police Chief
explaining the circumstances of the forced entry. Complete a
Form 317, Cincinnati Police General Conditions Report, if any
damage was done to property during the forced entry.
Rev. 02/10/04, Replaces 11/25/03
5
12.106
12.106 UNIVERSITY AIR CARE HELICOPTER
References:
Procedure 12.145 – Critical Incident Response Plan
Information:
University Air Care (UAC) is a hospital-based emergency helicopter service, available
as a second responder to a medical emergency.
The service is available 24 hours a day, 7 days a week for direct scene and interhospital transfer of critically ill or injured patients. UAC carries a flight team consisting
of an emergency physician, specially trained flight nurse, and experienced pilot.
Helicopter liftoff is normally 3-5 minutes from the time of dispatch. If the patient is
trapped or the journey to the hospital is likely to be delayed or long, the helicopter
brings the hospital to the patient.
Medical emergencies that may necessitate the use of the UAC helicopter are:
1.
Vehicle crash entrapments.
2.
Industrial accident entrapments.
3.
Instances where a person has been shot, remote locations, etc.
4.
Patient's condition requires intensive medical attention en route to the
hospital.
5.
Mass casualties/disasters.
a.
Air Care will transport triage teams and additional medical supplies.
Policy:
When Fire Department Paramedic or Emergency Medical Service personnel are on the
scene, the decision to use the UAC helicopter is their responsibility. Fire Department
personnel will request the UAC helicopter through Fire Dispatch.
When a Fire Department unit is not on the scene or is delayed, a police officer may
request the UAC helicopter to respond or go on standby through Police
Communications Section (PCS).
Once it has been requested to respond or go on standby, only Fire Department
personnel can cancel the UAC helicopter.
Upon arrival, Fire Department personnel will relieve police personnel of the
responsibility for injured individuals and will call or cancel the helicopter response as
required.
Rev. 10/03/06, Replaces 2/97
1
12.106
Procedure:
A.
UAC Helicopter Request:
1.
A police officer at the scene of a medical emergency may request the UAC
helicopter by contacting PCS.
a.
PCS will:
1)
Immediately notify Fire Dispatch for the UAC to respond or go on
standby.
a)
2)
b.
Have the Officer in Charge (OIC) switch to Talk Group I Channel
2, which will be displayed as “I 8i TAC 2”. To be able to
communicate with the UAC pilot, the OIC must then place his
radio in “simplex” mode by pressing the black button directly
below the purple button on the left side of the radio. When the
radio is in the “simplex” mode a small plus sign enclosed within
brackets |+| will appear on the radio display screen.
a)
All other officers on scene should remain on their primary
channel.
b)
Air Care only has access to Talk Group I Channel 2.
Fire Dispatch will:
1)
B.
Relay to Fire Dispatch all available information concerning
the incident: location, type of injury, number of persons, etc.
Immediately contact UAC with the necessary information.
Police Responsibilities when UAC Responds to a Medical Emergency:
1.
Advise arriving fire personnel that Air Care is responding.
2.
Use the radio designations "Air Care One" or "Air Care Two" when a UAC
helicopter responds to an emergency.
3.
Prior to the helicopter's arrival, identify a specific landing site that is:
a.
Fairly flat and at least 100 feet by 100 feet square.
b.
Reasonably clear of debris, glass, cans, wood, plastic bags, car hoods,
or other items that can be picked up or blown by the helicopter's
downwash and cause injury to persons on or near the landing site or
interfere with the operation of the helicopter. You may expect a wind of
60 to 70 MPH from the helicopter.
c.
Clear of overhead obstructions, such as telephone and power lines.
Rev. 10/03/06, Replaces 2/97
2
12.106
d.
At least one mile upwind if flammable or poisonous vapors are
involved.
4.
The OIC will notify the pilot of the location and height of any nearby wires.
5.
At night, mark the four corners of the landing site and the center of the
windward edge with flares. Use flashlights as a substitute for flares if there is
danger of starting a fire (see attached diagram). An alternate method of
marking corners is to use police cars or apparatus with flashing lights.
6.
a.
Point headlights or auxiliary lights down and toward the center of the
landing site to avoid blinding the pilot.
b.
If at night, do not use flashbulbs or allow lights, including television
cameras, to be pointed at the helicopter while it is airborne.
Wear eye protection when the helicopter is landing and taking off.
a.
District lieutenants' and two Traffic Unit supervisors' vehicles are
equipped with safety goggles.
7.
Keep unauthorized personnel and vehicles at least 100 feet away from the
helicopter.
8.
Keep clear of the helicopter unless accompanied by a crew member.
9.
a.
Never move toward the helicopter until signaled by the flight crew.
Always approach and leave the helicopter from the front.
b.
Avoid the tail rotor area.
c.
Do not run or smoke near the helicopter.
There is no standard helicopter ground to blade height. Be very careful
when walking under the blades.
a.
10.
Do not carry IV's or other objects above your head. Carry large objects
parallel to the ground.
The police officer in charge at the scene will ensure all appropriate reports
are completed.
a.
Prepare a Form 316, Aided Case Report, if no other reports are
required.
Rev. 10/03/06, Replaces 2/97
3
12.106
Flare
Flare
UPWIND FLARE
Wind
Helicopter
Approach
Flare
Flare
NIGHT LANDING ZONE MARKINGS
Rev. 10/03/06, Replaces 2/97
4
12.110
12.110 HANDLING SUSPECTED MENTALLY ILL
INDIVIDUALS AND POTENTIAL SUICIDES
Reference:
Ohio Revised Code 5122.10 - Emergency Hospitalization; Examination;
Disposition
Procedure 12.175 – Use of Special Weapons and Tactics Unit
Procedure 12.180 – Use of Crisis Negotiations Team
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and Felony
Offenders
Procedure 12.600 - Prisoners: Securing, Handling, and Transporting
Procedure 12.910 - Missing Persons
Policy:
Mental Health Response Team (MHRT) officers will be the first responders, when
available, on all runs involving suspected mentally ill individuals. If two MHRT
officers are available, they will be dispatched as a team. When necessary a
cover car will be dispatched. If the run is an emergency and no MHRT officer is
available, beat cars will be dispatched immediately and an MHRT officer from
another district will be notified to respond. If the run is not an emergency and no
MHRT officer is available, the nearest available MHRT officer from an adjoining
district will be dispatched as the primary car.
An MHRT officer on the scene of a suspected mentally ill individual will be the
primary officer handling the situation. They will also be responsible for
transporting the individual, if necessary, to the hospital.
A supervisor will respond on all radio runs involving violent or potentially violent
mentally ill individuals and, when possible, will consult the MHRT officer on
scene to decide on a course of action.
Document all encounters with suspected mentally ill individuals on a Form 316,
Minor Accident/Aided Case/Mental Health Response Report. This will be in
addition to any other reports made.
Any suspected mentally ill person with a mental hold or who voluntarily agrees,
when found, will be returned to the facility that reported them missing. If the
facility is unknown, the subject is violent, or from outside the Hamilton County
boundaries, the suspected mentally ill person will be taken to University Hospital.
Information:
When officers arrive on the scene of a suspected mentally ill individual and the
situation meets the criteria for activating the Crisis Negotiations Team or the
Special Weapons and Tactics Unit, follow the steps as outlined in Procedures
12.175 and 12.180.
Rev. 04/25/06, Replaces 03/09/04
1
12.110
Mobile Crisis Team (MCT) members are employees of the Psychiatric
Emergency Services (PES) Unit at University Hospital. The Mobile Crisis Team is
an aid to Department personnel, providing around-the-clock, on-site psychiatric
crisis intervention. Their aim is to help prevent harm to a suspected mentally ill
person, or others, during psychiatric emergency situations requiring police
response.
The University Hospital Center for Emergency Care (CEC) and PES will not
provide a locked environment during triage for mentally ill patients.
Procedure:
A.
Emergency Hospitalization without Medical Certificate Issued by a Qualified
Physician, Ohio Revised Code (ORC) Section 5122.10:
1.
A police officer may take an individual into custody and transport him
to a hospital if:
a)
The individual is suspected to be mentally ill and likely to injure
himself or others if allowed to remain at liberty.
2.
ORC Section 5122.10 reads, "A person taking the respondent into
custody pursuant to this section, shall explain to the respondent the
name, professional designation, and agency affiliation of the person
taking the respondent into custody; that the custody taking is not a
criminal arrest; and that the person is being taken for examination by
mental health professionals at a specified mental health facility
identified by name".
3.
Whenever there is any use of force or other significant police action
with a state mental hold, sign appropriate criminal charges against the
individual. This includes any use of force, use of chemical irritant,
canine apprehension, or use of the Taser, beanbag shotgun, 40mm
foam round, or pepperball launcher.
4.
a.
When placing criminal charges, place a prisoner hold at the
hospital according to Procedure 12.600. Have Police
Communications Section (PCS) notify the hospital if the person
is an unusual security risk.
b.
Telephone the Hamilton County Justice Center (HCJC) Intake
Office with the necessary information about the individual
hospitalized only when placing criminal charges. Call before
leaving the hospital.
c.
Complete a Form 527, Arrest and Investigation Report, and
process according to Procedures 12.555 and 12.600.
Handcuff suspected mentally ill individuals during the transporting and
processing phases when the individual's behavior is unpredictable or
past contact indicates there is a potential for violence.
Rev. 04/25/06, Replaces 03/09/04
2
12.110
5.
Explain the use of handcuffs to the person and the family in a tactful
manner.
6.
Two officers will transport the suspected mentally ill individual.
a.
7.
The officer with personal knowledge of the individual's behavior
or an MHRT officer will accompany the transporting officer to the
hospital and complete the proper forms.
Only two hospitals in this area will admit individuals under these
circumstances. Service is available 24 hours a day, 7 days a week.
a.
b.
Transport adults age 18 and over to University Hospital. Officers
will enter through the ambulance bay doors and respond to the
charge nurse station in the CEC.
1)
The charge nurse station will take the report and triage the
patient as quickly as possible.
2)
Transporting officers will stay with the patient through the
process and then transport the patient to the appropriate
area.
Transport children 17 years of age and under to Children’s
Hospital Medical Center.
1)
8.
Upon arrival at the hospital:
a.
9.
B.
Handcuffed juveniles are to be brought in through the
squad entrance for admission.
Complete the Ohio Department of Mental Health Form for
emergency admission. In the "Statement of Belief" section,
briefly note:
1)
The circumstances under which the individual came into
custody.
2)
The reasons for your belief that hospitalization is
necessary.
3)
Any other pertinent information known about the individual.
Complete a Form 316.
Talbert House Crisis Hotline (513-281-CARE) Action in Potential Suicides
1.
When 281-CARE/Talbert House personnel receive a telephone call
dealing with a potential suicide, they will assess the situation.
a.
If they believe the caller is a threat to himself, they will call
Emergency Number 911.
Rev. 04/25/06, Replaces 03/09/04
3
12.110
2.
C.
Police Communications Section will:
a.
Relay information to the Cincinnati Bell Telephone Company
requesting call tracing.
b.
Relay the address received to the Officer In Charge (OIC) of the
affected district and dispatch two officers to the scene.
c.
Dispatch an MHRT officer to the scene when they are available.
d.
Advise 281-CARE/Talbert House of the address.
3.
A shift supervisor will respond to the scene.
4.
Applicable law will guide Department personnel in the investigation of
these cases. Compassion is a necessary approach to the successful
handling of these crisis situations.
Mobile Crisis Team (MCT)
1.
MCT members are permanently assigned to Districts One and Five
and will primarily work during the day Monday through Friday.
Supervisors and MHRT officers can activate the MCT through PES 24
hours a day at 513-584-8577. The requesting supervisor or MHRT
officer should request a team leader be paged to initiate the process.
2.
MCT members will give priority response to the Police Department
within the constraints of available staff. This priority response includes:
3.
a.
Responding with MHRT officers in Districts One and Five.
b.
Assessing the nature of a crisis.
c.
Helping to control a situation, if possible.
d.
Providing assistance in determining methods to use in response
to the emergency.
The Mental Health Access Point (MHAP) can be called 24 hours a day
by officers at 558-8888. They provide:
a.
Around-the-clock contact for any police officer facing a situation
involving a suspected mentally ill individual.
b.
Known premise history about a person with a mental illness who
is in a dangerous situation.
Rev. 04/25/06, Replaces 03/09/04
4
12.110
c.
Supplying available psychiatric information about a person in
imminent risk of danger to himself or others. The release of this
information is in the interest of safety to the person, police, and
public in emergency situations.
1)
Where permitted by law, do not release information given
to Department personnel by sources outside the
Department without written permission. Do not use this
information beyond the current emergency.
a)
4.
Immediately advise the appropriate outside source of
any requests from the public for documents
containing information provided by them.
d.
Immediate suggestions about dealing with a person showing
signs of mental illness.
e.
Immediate information about services available to help someone
in a psychiatric crisis.
f.
Other necessary information.
The Police Department retains primary authority over any crisis
situation covered by these guidelines. In an emergency, the
Department will, when appropriate, use the advice and information the
MCT provides.
Rev. 04/25/06, Replaces 03/09/04
5
12.110
12.110 HANDLING SUSPECTED MENTALLY ILL
INDIVIDUALS AND POTENTIAL SUICIDES
Reference:
Ohio Revised Code 5122.10 - Emergency Hospitalization; Examination;
Disposition
Procedure 12.175 – Use of Special Weapons and Tactics Unit
Procedure 12.180 – Use of Crisis Negotiations Team
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and Felony
Offenders
Procedure 12.600 - Prisoners: Securing, Handling, and Transporting
Procedure 12.910 - Missing Persons
Policy:
Mental Health Response Team (MHRT) officers will be the first responders, when
available, on all runs involving suspected mentally ill individuals. If two MHRT
officers are available, they will be dispatched as a team. When necessary a
cover car will be dispatched. If the run is an emergency and no MHRT officer is
available, beat cars will be dispatched immediately and an MHRT officer from
another district will be notified to respond. If the run is not an emergency and no
MHRT officer is available, the nearest available MHRT officer from an adjoining
district will be dispatched as the primary car.
An MHRT officer on the scene of a suspected mentally ill individual will be the
primary officer handling the situation. They will also be responsible for
transporting the individual, if necessary, to the hospital.
A supervisor will respond on all radio runs involving violent or potentially violent
mentally ill individuals and, when possible, will consult the MHRT officer on
scene to decide on a course of action.
Document all encounters with suspected mentally ill individuals on a Form 316,
Minor Accident/Aided Case/Mental Health Response Report. This will be in
addition to any other reports made.
Any suspected mentally ill person with a mental hold or who voluntarily agrees,
when found, will be returned to the facility that reported them missing. If the
facility is unknown, the subject is violent, or from outside the Hamilton County
boundaries, the suspected mentally ill person will be taken to University Hospital.
Information:
When officers arrive on the scene of a suspected mentally ill individual and the
situation meets the criteria for activating the Crisis Negotiations Team or the
Special Weapons and Tactics Unit, follow the steps as outlined in Procedures
12.175 and 12.180.
Rev. 04/25/06, Replaces 03/09/04
1
12.110
Mobile Crisis Team (MCT) members are employees of the Psychiatric
Emergency Services (PES) Unit at University Hospital. The Mobile Crisis Team is
an aid to Department personnel, providing around-the-clock, on-site psychiatric
crisis intervention. Their aim is to help prevent harm to a suspected mentally ill
person, or others, during psychiatric emergency situations requiring police
response.
The University Hospital Center for Emergency Care (CEC) and PES will not
provide a locked environment during triage for mentally ill patients.
Procedure:
A.
Emergency Hospitalization without Medical Certificate Issued by a Qualified
Physician, Ohio Revised Code (ORC) Section 5122.10:
1.
A police officer may take an individual into custody and transport him
to a hospital if:
a)
The individual is suspected to be mentally ill and likely to injure
himself or others if allowed to remain at liberty.
2.
ORC Section 5122.10 reads, "A person taking the respondent into
custody pursuant to this section, shall explain to the respondent the
name, professional designation, and agency affiliation of the person
taking the respondent into custody; that the custody taking is not a
criminal arrest; and that the person is being taken for examination by
mental health professionals at a specified mental health facility
identified by name".
3.
Whenever there is any use of force or other significant police action
with a state mental hold, sign appropriate criminal charges against the
individual. This includes any use of force, use of chemical irritant,
canine apprehension, or use of the Taser, beanbag shotgun, 40mm
foam round, or pepperball launcher.
4.
a.
When placing criminal charges, place a prisoner hold at the
hospital according to Procedure 12.600. Have Police
Communications Section (PCS) notify the hospital if the person
is an unusual security risk.
b.
Telephone the Hamilton County Justice Center (HCJC) Intake
Office with the necessary information about the individual
hospitalized only when placing criminal charges. Call before
leaving the hospital.
c.
Complete a Form 527, Arrest and Investigation Report, and
process according to Procedures 12.555 and 12.600.
Handcuff suspected mentally ill individuals during the transporting and
processing phases when the individual's behavior is unpredictable or
past contact indicates there is a potential for violence.
Rev. 04/25/06, Replaces 03/09/04
2
12.110
5.
Explain the use of handcuffs to the person and the family in a tactful
manner.
6.
Two officers will transport the suspected mentally ill individual.
a.
7.
The officer with personal knowledge of the individual's behavior
or an MHRT officer will accompany the transporting officer to the
hospital and complete the proper forms.
Only two hospitals in this area will admit individuals under these
circumstances. Service is available 24 hours a day, 7 days a week.
a.
b.
Transport adults age 18 and over to University Hospital. Officers
will enter through the ambulance bay doors and respond to the
charge nurse station in the CEC.
1)
The charge nurse station will take the report and triage the
patient as quickly as possible.
2)
Transporting officers will stay with the patient through the
process and then transport the patient to the appropriate
area.
Transport children 17 years of age and under to Children’s
Hospital Medical Center.
1)
8.
Upon arrival at the hospital:
a.
9.
B.
Handcuffed juveniles are to be brought in through the
squad entrance for admission.
Complete the Ohio Department of Mental Health Form for
emergency admission. In the "Statement of Belief" section,
briefly note:
1)
The circumstances under which the individual came into
custody.
2)
The reasons for your belief that hospitalization is
necessary.
3)
Any other pertinent information known about the individual.
Complete a Form 316.
Talbert House Crisis Hotline (513-281-CARE) Action in Potential Suicides
1.
When 281-CARE/Talbert House personnel receive a telephone call
dealing with a potential suicide, they will assess the situation.
a.
If they believe the caller is a threat to himself, they will call
Emergency Number 911.
Rev. 04/25/06, Replaces 03/09/04
3
12.110
2.
C.
Police Communications Section will:
a.
Relay information to the Cincinnati Bell Telephone Company
requesting call tracing.
b.
Relay the address received to the Officer In Charge (OIC) of the
affected district and dispatch two officers to the scene.
c.
Dispatch an MHRT officer to the scene when they are available.
d.
Advise 281-CARE/Talbert House of the address.
3.
A shift supervisor will respond to the scene.
4.
Applicable law will guide Department personnel in the investigation of
these cases. Compassion is a necessary approach to the successful
handling of these crisis situations.
Mobile Crisis Team (MCT)
1.
MCT members are permanently assigned to Districts One and Five
and will primarily work during the day Monday through Friday.
Supervisors and MHRT officers can activate the MCT through PES 24
hours a day at 513-584-8577. The requesting supervisor or MHRT
officer should request a team leader be paged to initiate the process.
2.
MCT members will give priority response to the Police Department
within the constraints of available staff. This priority response includes:
3.
a.
Responding with MHRT officers in Districts One and Five.
b.
Assessing the nature of a crisis.
c.
Helping to control a situation, if possible.
d.
Providing assistance in determining methods to use in response
to the emergency.
The Mental Health Access Point (MHAP) can be called 24 hours a day
by officers at 558-8888. They provide:
a.
Around-the-clock contact for any police officer facing a situation
involving a suspected mentally ill individual.
b.
Known premise history about a person with a mental illness who
is in a dangerous situation.
Rev. 04/25/06, Replaces 03/09/04
4
12.110
c.
Supplying available psychiatric information about a person in
imminent risk of danger to himself or others. The release of this
information is in the interest of safety to the person, police, and
public in emergency situations.
1)
Where permitted by law, do not release information given
to Department personnel by sources outside the
Department without written permission. Do not use this
information beyond the current emergency.
a)
4.
Immediately advise the appropriate outside source of
any requests from the public for documents
containing information provided by them.
d.
Immediate suggestions about dealing with a person showing
signs of mental illness.
e.
Immediate information about services available to help someone
in a psychiatric crisis.
f.
Other necessary information.
The Police Department retains primary authority over any crisis
situation covered by these guidelines. In an emergency, the
Department will, when appropriate, use the advice and information the
MCT provides.
Rev. 04/25/06, Replaces 03/09/04
5
12.111
12.111 POLICE INTERACTION WITH HOMELESS
ENCAMPMENTS
Purpose
To provide guidance for all officers to ensure the fair and equitable treatment of
homeless persons.
To ensure that notice is given to those who are unlawfully trespassing on public
property and that personal property is safeguarded according to law and
Department procedure.
Policy
Department personnel encountering homeless encampments that require police
action for trespassing on public property will immediately bring such condition to
the attention of their Neighborhood Squad supervisor for investigation and
appropriate action. Any additional law violations observed shall be addressed
immediately by the responding officer.
The Police Department will allow 72 hours notice of trespass prior to arrest and
removal of personal possessions from a homeless encampment, provided the
homeless person properly identifies himself, is not violating any other laws, and
exigent circumstances do not exist. The Notice Letter issued to each person at
the encampment shall reflect that minimum period of time to gather his
possessions and depart.
The 72 hour period refers to regular business hours and does not include
weekends or holidays. This is necessary to allow outreach workers a reasonable
period of time to contact persons in need and arrange necessary services,
space, etc.
Information
Homelessness is an issue of significant social concern. Police interaction has
been the focus of much litigation and police officers must approach such
situations remembering the plight of the homeless person may well be the result
of a disease or mental condition that cannot be controlled. Even so, law
violations will not be ignored or be permitted to go unattended. Trespass actions
require some type of notice to the offender that his actions are not permitted.
If the only law violation observed is trespassing on public property, then this
procedure will be followed.
Rev. 12/09/03, Replaces 10/07/03
1
12.111
Procedure
A.
Police Action:
1.
2.
Duties of the Initial Responding Officer:
a.
Upon observation of, or receipt of, a complaint of a homeless
encampment on public property, the officer will respond and
assess the situation.
b.
Discuss the homeless person(s) presence on the property with
any and all persons found there to determine their purpose and
intended length of stay and whether they have permission to be
on that property.
c.
Inspect the immediate area for health and/or safety violations
that require immediate attention to avoid harm to persons. Take
immediate action on observed dangerous conditions and law
violations.
d.
Complete a Form 560, Community Problem Solving Worksheet.
Include on the Form 560 as much information as possible about
the person(s) on the property. Forward the Form 560 to the
Neighborhood Supervisor prior to the end of the shift.
Duties of the Neighborhood Squad Supervisor:
a.
Review all Form 560 concerning homeless encampments.
b.
Assign personnel as necessary to visit the encampment and
assess the situation. Any assistance or social service referral
that may provide immediate assistance shall be offered and
facilitated to the extent possible.
c.
Complete a Form 314, Notice to Appear, for each person found
to be camping or living on the property. The NTA must be clearly
marked WARNING and will not be placed on the citation board.
These NTA's must be sent to Records Section for entry. Also,
give each of them a Notice Letter. This is the written warning
notifying them that that they are committing a trespass offense
and they must depart. Note on the NTA that the Notice Letter
was issued.
Rev. 12/09/03, Replaces 10/07/03
2
12.111
3.
d.
Fax a copy of the Notice Letter and the NTA, on the same day
issued, to the Greater Cincinnati Coalition for the Homeless
office in order to notify appropriate outreach workers of the
identity and location of a person(s) in need of services. The
general phone number is (513)421-2701, fax number is
(513)421-7813 and the email address is
georginegetty@yahoo.com. Be sure to redact the necessary
information such as social security and control numbers.
e.
Send a copy of the NTA to Records Section for entry.
f.
Following the reasonable notice period, respond to the affected
location. Persons found there who have been previously warned
will be given a final opportunity to depart. If they fail to depart or
refuse, a physical arrest for Criminal Trespassing is appropriate.
Handling and Disposition of Property at a Homeless Encampment:
a.
If the homeless person chooses to depart rather than face arrest,
they shall be encouraged to take all their personal property and
possessions with them. Reasonable efforts shall be made to
assist them in this endeavor.
b.
Property located at the encampment site after all persons have
departed, either voluntarily or by arrest, shall be assessed:
1)
Items that are spoiled or mildewed shall be considered
trash. Appropriate arrangements shall be made to have the
area cleaned up.
2)
Personal items that are/were owned by the departed
trespassers that do not fit the criteria above, such as
clothing, photographs, personal papers, and keepsakes,
shall be processed into the Court Property Unit as
Found/Hold for Owner.
Rev. 12/09/03, Replaces 10/07/03
3
12.112
12.112 GUIDELINE FOR ENFORCEMENT OF CINCINNATI
MUNICIPAL CODE 910-11, PUBLIC DISTURBANCE;
SECOND RESPONSE FEE
References:
Cincinnati Municipal Code 910-7, Loud Noises
Cincinnati Municipal Code 910-8, Nighttime Construction
Cincinnati Municipal Code 910-9, Loud Musical Noises
Cincinnati Municipal Code 910-11, Public Disturbance; Second Response Fee
Standards Manual 1.2.5
Policy:
Handle enforcement of Cincinnati Municipal Code (CMC) 910-11, Public
Disturbance; Second Response Fee, in a fair and impartial manner. Nothing in
this procedure prevents the enforcement of appropriate criminal statutes or city
ordinances.
On a first response to a loud party/gathering/
disturbance, any responding officer may issue a First Response Notice (Form
650).
On a second response to a loud party/gathering/
disturbance where an officer issued a Form 650, any responding officer may
issue a Second Response Notice (Form 651).
Purpose:
Reduce the burden second responses to loud parties/gatherings/disturbances
place on patrol units, freeing them for other service activities.
Hold uncooperative citizens financially responsible for the expenses resulting
from unnecessary use of Department resources for a second response.
Procedure:
A.
First Response:
1.
Duties of the responding officer:
a.
Make sure the disturbance complaint is valid.
b.
Interview the person responsible for the loud
party/gathering/disturbance.
Rev. 8/98, Replaces 9/94
1
12.112
1)
B.
The responsible person is: the person (or persons) who
owns, leases, resides in, or is in charge of the premises
where a loud party or public disturbance takes place, or the
person or persons who organized the loud party or event
causing the disturbance. If the responsible person is a
minor, then the parents or guardians will also be
considered a Responsible Person and be jointly
responsible.
c.
Advise the responsible person of the particular loud noise
ordinance he is violating. Emphasize that the disturbing activity
must cease.
d.
Advise the responsible person of the provisions of CMC 910-11
for fee assessment should a second response occur. Do not
specify the amount to be assessed.
e.
If appropriate, complete a Form 650 and issue it to the
responsible person.
1)
Obtain the nine digit incident number for the radio dispatch
and record it in the appropriate space on the Form 650.
2)
After issuing a Form 650, clear the run using disposition
code "650."
Second Response:
1.
Duties of the Responding Officer:
a.
Make sure the complaint is valid.
b.
Determine if this is the second response to the address within
the past eight hours for a loud party/gathering/ disturbance.
1)
Determine if any officer issued a Form 650.
2)
Obtain the nine digit CAD Incident number for the radio
dispatch and record it in the appropriate space on the Form
651.
3)
Obtain the number of officers on the scene from the MDT
incident. Include only those officers listed on the incident.
4)
Record the nine digit CAD Incident number from the first
response in the appropriate space on the Form 651.
Rev. 8/98, Replaces 9/94
2
12.112
C.
D.
Locate the responsible person. Prepare and issue a Form 651 if
it is appropriate and necessary.
d.
If a Form 650 was not issued on the first response and it is now
appropriate, locate the responsible person and issue a Form
650.
Routing of Forms 650 and 651:
1.
Officers will turn in all Forms 650 and 651 at the end of their assigned
shift.
2.
Maintain the Form 650 not resulting in a second response in the
district files.
3.
If an officer issued a Form 651, a relief supervisor will review and sign
the Form 651 and forward both the Form 650 and Form 651 to the
district commander.
4.
Forward a copy of the Form 651 to the Fiscal and Budget Section for
billing.
Appeal Process:
1.
E.
c.
The recipient of a Second Response Notice may appeal the issuance
and/or fee assessment to the Department of Neighborhood Services,
Office of Consumer Services.
Billing Process:
1.
Fiscal and Budget Section is responsible for the billing process.
a.
2.
Fiscal and Budget Section will maintain a file on all billings for
second response fees.
Billing is for actual costs based on current hourly manpower and
equipment costs.
Rev. 8/98, Replaces 9/94
3
12.113
12.113 RIGHT OF ENTRY STICKERS AND RIGHT OF ENTRY
LETTERS
Reference:
Ohio Revised Code (ORC) 2911.21 – Criminal Trespass
Procedure 12.111 – Police Interaction with Homeless Encampments
Procedure 12.372 – Chronic Nuisance Premises
Purpose:
Comply with state law, and to establish Police Department procedure to enable
police officers to enforce Criminal Trespassing laws on private property with the
property owner’s consent.
Procedure:
A.
Right of Entry (ROE) Stickers
1.
2.
ROE stickers will be triangular in design, manufactured from reflective
material, and standardized with the words: City of Cincinnati – R.O.E.
Community Partner.
a.
The ROE sticker informs officers that a Right of Entry Letter is
on file.
b.
The ROE sticker can serve to deter potential trespassers and
minimize the threat of criminal damage due to the owner’s
partnership with the police.
Displaying of ROE Stickers.
a.
B.
The stickers will be displayed prominently in a first floor window
nearest the entry door and be visible from the street (no
obstructions from trees, bushes, signs or other items).
Right of Entry Letters
1.
Must be filed in the district where the property is located.
2.
Will be notarized.
3.
Will be renewed annually by the affected district’s Neighborhood
Liaison Officer.
a.
4.
Include contact information for the property owner/manager with
an emergency or night phone number.
Annual renewal or change in ownership requires a new, notarized
Right of Entry Letter.
New 11/27/07
1
12.113
C.
D.
Right of Entry Database
1.
Each district commander will designate an officer (i.e. Crime Analyst,
Neighborhood Liaison Officer) to maintain an accessible spreadsheet
with information concerning persons who have been warned about
trespassing on a specific property. This information will include the
address of the property, the date of the violation, name, race, sex,
date of birth, social security number, and control number of the
person who was warned and the name and badge number of the
officer who issued the warning.
2.
The designated officer(s) will maintain a spreadsheet in a folder on
the shared drive of the computer, accessible as a “read only” file for
district personnel.
Enforcement/Processing
1.
While investigating a complaint of trespassing at a location with a
Right of Entry Letter on file, officers will exhaust all measures of
ensuring the subject in question has no legal reason to be on the
property (i.e. visiting relatives, friends, working).
2.
Officers will contact the district to determine if the person has been
warned in the past.
3.
For a first time offense complete a Form 314, Notice To Appear (NTA)
when the subject has no legitimate reason to be on the property.
a.
At the top of the NTA, check the “other block” and write
“Warning.” In the violation section, write: “As an agent of the
above premise, I hereby warn you not to return to this
address without permission of the owner.”
b.
Ensure the address of the property and officers’ name is clearly
legible.
c.
Ensure the subject signs the NTA and provide the subject with
the Defendants Copy.
4.
Supervisors will review and forward a copy of the NTA to the officer
responsible for maintaining the district spreadsheet. Entries will be
updated daily to ensure accuracy.
5.
The NTA will be filed at the district for use in future court action.
6.
Subsequent criminal trespass violations require a physical arrest.
a.
7.
Include the owner/manager contact information on the Form
527, Arrest and Investigation Report for notification for court.
Officers will ensure the original NTA “warning “ and a copy of the
Right of Entry Letter for the specific address where the violation
occurred is on hand during court proceedings.
New 11/27/07
2
12.115
12.115 HANDLING WILD/EXOTIC ANIMALS, PIT BULLS,
DANGEROUS/VICIOUS DOGS, AND ANIMAL
REPORTS
References:
Cincinnati Municipal Code 701-1 – Animals, Birds, Fowl
Procedure 12.225 - Vehicular Crash Reporting
Procedure 12.550 - Discharging of Firearms by Police Personnel
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage,
and Release
Ohio Revised Code 1533.121 - Deer Killed by a Motor Vehicle
Ohio Administrative Code 3701-3-28 – Report of bite of dog or other mammal
Definitions:
Pit bull - a Staffordshire Bull Terrier or American Staffordshire Terrier breed of
dog, or any mixed breed of dog that contains as an element of its breeding the
breed of Staffordshire Bull Terrier or American Staffordshire Terrier, as to be
identifiable as partially of the breed of Staffordshire Bull Terrier or American
Staffordshire Terrier.
A pit bull by City ordinance is defined as a vicious dog.
Vicious dog - any dog which, without provocation, has inflicted severe injury on
a person or has been trained for dog fighting or is kept primarily or in part for the
purpose of dog fighting or is a dog commonly defined as a pit bull or has been
used in the commission of a crime.
Dangerous dog - any dog which has, without provocation, while off the
owner/harborer’s premises, caused an individual to reasonably believe the dog
will cause physical harm to a person or a propensity or disposition to unprovoked
attack or cause injury to humans or domestic animals off the owner/harborer’s
premises.
Severe injury - any physical injury to a human being that results in a broken
bone or muscle tear requiring corrective or cosmetic surgery or resulting in
hospitalization or any injury to a child under the age of six years of age requiring
treatment by a licensed physician.
Wild or potentially dangerous animal - one which is wild by nature and not
customarily domesticated in the City of Cincinnati and which, because of its size,
disposition, or other characteristics inherently constitutes a danger to human life
or property.
Purpose:
To ensure the citizens of the community an environment where the quality of life
is not threatened by uncontrolled dangerous or vicious dogs, while protecting the
individual rights of dog owners.
Rev. 12/02/08, Replaces 07/15/08
1
12.115
To establish a procedure in handling wild/exotic animals, vicious dogs,
dangerous dogs and animal reports to ensure the protection of the public and
follow-up by the Health Department.
Policy:
Department members will exhaust every reasonable means before using
firearms to dispose of vicious dogs, dangerous dogs, or wild and potentially
dangerous animals as defined in Cincinnati Municipal Code (CMC) Sections 7011-D1, 701-1-V or 701-42. Use of the firearm should always involve consideration
for the safety of bystanders.
Information:
A ban on pit bulls was reinstated on November 1, 2003. Only pit bulls registered
with the Cincinnati Police Department before November 1, 2003 will be allowed
to remain in the City of Cincinnati. Owner/harborer’s of registered pit bulls, or
other dogs determined to be dangerous/vicious, must re-register these dogs
annually with the Cincinnati Police Department.
Procedure:
A.
Registration of Vicious and Dangerous Dogs/Re-Registration of Pit Bulls
1.
Department desk personnel will ensure a Form 15D,
Dangerous/Vicious Dog Registration and a Form 15DE, Vicious
Dog/Pit Bull Registration Envelope, is completed when a citizen
responds to the district to register a vicious or dangerous dog, or reregister a pit bull. The registering officer is responsible for accurate
recording of the required information on the Forms 15D and 15DE.
a.
Department desk personnel will give the citizen registering the
dog a copy of the Form 15D upon completion of the registration
process. Upon completion of the registration process, the
registering officer will provide the citizen with a copy of the
Form15D.
b.
The completed Form 15D and the required documentation will
be placed inside the Form 15DE. The completed packet will be
hand carried to the Records Section by 0900 hours the following
business day.
1)
B.
Records Section personnel will send the information
contained in the completed packet to Information
Technology Management Unit (ITMU). The information will
be placed on the Intranet to be accessed by Department
personnel.
Warnings Issued for Non-Aggressive Pit Bulls
1.
Aggressive or dangerous dogs identified to be Pit Bulls will be
impounded. The district Pit Bull Investigator should be requested to
respond and assist during their normal tour of duty.
Rev. 12/02/08, Replaces 07/15/08
2
12.115
2.
3.
C.
Officers in the field encountering non aggressive dogs, they believe to
be Pit Bulls may issue a warning without impounding the dog.
a.
Contact the District Desk Officer and have them check the Pit
Bull Warning Data base, located on the Department’s intranet
site, located under Vicious Dogs Data. Confirm no prior warning
has been issued.
b.
A second violation will result in impoundment of the dog and a
citation to the person in control of the dog as described under
Section C. of this procedure.
Warnings will be documented on a Form 534, Contact Card.
a.
Complete both sides of the Form 534, Contact Card. Check
“Other” in reason for stop box. Under the Interview narrative
portion write in bold and circle the word “PIT BULL”.
b.
Indicate in the narrative a Form 15PIT, Pit Bull Information Sheet
was given to the person in control of the animal.
c.
Provide a brief description of the animal and circumstances for
the stop.
Process for the Impoundment of Dangerous/Vicious Dogs and Pit Bulls
1.
Any dog determined to be a dangerous/vicious dog as defined by
CMC Sections 701-1-D1, 701-1-V, or is an unregistered pit bull, will be
impounded.
a.
2.
1)
The SPCA has final authority on identification of a pit bull.
2)
Verify whether the dog has been registered with the Police
Department.
If the owner/harborer of the animal is present when investigating a
complaint, obtain the property owner’s consent to enter the premises.
a.
3.
Contact the Society for the Prevention of Cruelty to Animals
(SPCA) through Police Communications, and request they
respond.
If the property owner refuses, and there is probable cause to
believe a dangerous/vicious dog or unregistered pit bull is on the
premises, obtain a search warrant to enter the premises and
impound the dog.
Notify the owner/harborer of a dog being impounded using a Form
15DIH, Notice of Impoundment and Hearing.
a.
The administrative hearing will be scheduled for the first
business day seven days after the date of the impoundment.
The hearing will be scheduled for 1300 hours at the Office of
Administrative Hearings (OAH).
Rev. 12/02/08, Replaces 07/15/08
3
12.115
b.
4.
5.
6.
7.
If the owner/harborer is not present, the ordinance requires they
must be notified of the administrative hearing date, time and
location within 3 days after a dog is impounded.
The SPCA will board dangerous/vicious dogs and unregistered pit
bulls prior to any administrative and/or court hearings.
a.
Arrange for transportation of the dog(s) by contacting the SPCA.
b.
Officers will receive a kennel tag number from the SPCA
representative. The SPCA kennel tag number must be written
on the Form 15DIH.
Fax a copy of the Form 15DIH to the following locations:
a.
Planning Section (352-2982).
b.
Court Property Unit (352-6483).
c.
Office of Administrative Hearings (352-4898).
The owner/harborer may waive their right to an administrative hearing
and request an immediate citation to the Hamilton County Municipal
Court. Only have the owner/harborer sign if they are waiving the OAH
hearing.
a.
Complete a Form 15DIH and have the owner/harborer sign
indicating a waiver of the administrative hearing.
b.
Cite the owner/harborer of dangerous/vicious dogs or pit bulls
using CMC sections 701-4, 701-5, 701-6, 701-7, 701-8 or 701-9
depending on the nature of the complaint.
c.
Inform the owner/harborer of an impounded dog that failure to
appear in court may result in forfeiture of their dog. The officer
must place the following statement on the citation, “Failure to
appear on this citation will result in forfeiture of the
animal(s) confiscated.”
1)
Cite to court on the fifth court date from the day the citation
is written. Hand carry the City’s copy of the citation to
Records Section for processing.
2)
The SPCA kennel tag number must be written on the Form
314, Notice to Appear (NTA).
Take three photographs of the officer with the dangerous/vicious dog
or pit bull whenever possible; otherwise, take three photographs of the
dog by itself.
a.
Attempt to include the entire body of the dog in each of the
photographs.
Rev. 12/02/08, Replaces 07/15/08
4
12.115
b.
8.
9.
D.
Distribute the photographs as follows:
1)
One to the SPCA.
2)
One to the Court Property Unit.
3)
One for the administrative hearing case jacket.
Complete a Form 330, Property Receipt, for any impounded dog.
a.
The SPCA should receive the yellow copy of the Form 330 and a
photograph prior to leaving the scene. The SPCA will not take
possession of a dog without a completed Form 330.
b.
Forward the remaining copies of the Form 330, a photograph of
the dog, and a copy of the Form 15DIH or Form 314 to the Court
Property Unit.
c.
Once the Form 330 is completed, the officer will comply with
Procedure 12.715, Property and Evidence: Accountability,
Processing, Storage, and Release.
1)
Court Property Unit must perform a bi-monthly audit of
animals held at the SPCA to ensure they are disposed of
upon completion of the administrative hearing and or court
proceedings.
2)
Individuals who are awarded the return of their dog(s) will
have 72 hours to pick up their dog(s) from the SPCA.
Failure to respond will result in the forfeiture of the dog(s).
Prepare an administrative hearing case jacket for each incident when
a dog has been impounded.
a.
Case jackets will include a copy of the Form 15DIH; a copy of
the Form 314, if applicable; a photograph of the dog(s); a copy
of the Form 330; a copy of the Form 316, Minor Accident/Aided
Case/Mental Health Response Report, if applicable; and any
other related reports.
b.
A relief supervisor will review the completed case jacket.
Reporting officers will make necessary corrections prior to
securing from their shift. Approved jackets will be routed to the
Neighborhood Liaison Supervisor.
Responsibilities of the Neighborhood Liaison Supervisor
1.
Review the administrative hearing case jackets for accuracy.
2.
Schedule an on-duty officer to present the case at the administrative
hearing.
Rev. 12/02/08, Replaces 07/15/08
5
12.115
3.
4.
If the hearing officer determines the dog is dangerous or vicious,
ensure the attending officer cites the owner/harborer of the dog to
Municipal Court on a Form 314.
a.
Provided a copy of the citation to the hearing officer.
b.
Hand carried the citation to Records Section.
If the dog is determined to be dangerous or vicious and the
owner/harborer of the dog failed to appear at the administrative
hearing, ensure the attending officer immediately files the appropriate
criminal complaint.
a.
E.
Assign an officer to follow up on the open warrant for those
individuals not appearing at the administrative hearing.
Responsibility of the Officer Attending the Administrative Hearing
1.
If the owner/harborer is present at the administrative hearing and the
hearing officer determines the dog is vicious or dangerous,
immediately cite the individual to Municipal Court on a Form 314. The
officer must place the following statement on the citation, “Failure to
appear on this citation will result in forfeiture of the animal(s)
confiscated.”
a.
Cite to court on the fifth court date from the date of the
administrative hearing. Refer to the 15DIH for the appropriate
section and offense description.
b.
Write the kennel tag number on the citation (obtained from the
15DIH). Include the investigating officer’s name as needed for
court.
c.
2.
1)
Provide a copy of the citation to the hearing officer.
2)
Hand carry the citation to Records Section.
Notify the Court Property Unit of the outcome of the
administrative hearing and forward them a copy of the citation.
If the owner/harborer is not present at the administrative hearing and
the hearing officer determines the dog is vicious or dangerous, the
attending officer will file a criminal complaint in Municipal Court
against the individual named on the Form 15DIH. Refer to the Form
15DIH for the appropriate section number and description of the
offense.
Rev. 12/02/08, Replaces 07/15/08
6
12.115
3.
F.
a.
Ensure the investigating officer is listed for court.
b.
Notify the Court Property Unit of the result of the hearing.
Officers attending the Municipal Court hearing should request the
prosecuting attorney fax a copy the court seizure/dispose order to the
Court Property Unit at 352-6483.
Officer Tactics When Confronted by Dangerous/Vicious Dogs
1.
When confronting a dangerous or vicious dog which threatens bodily
injury to the officer or citizen:
a.
Exhaust all reasonable means to confine the dog.
b.
Notify the SPCA to pick up the dog.
c.
The use of department issued chemical irritant or the X26 Taser
is effective on many animals.
d.
When use of the firearm is absolutely necessary, avoid shooting
the dog in the head.
1)
G.
Once the firearm is discharged, the officer will comply with
Procedure 12.550, Discharging of Firearms by Police
Personnel.
a)
Obtain the name and address of the owner/harborer
of the dog.
b)
Obtain the name and address of any witness to the
incident.
c)
Notify the SPCA to pick up the dead dog pending a
later examination by the Health Department.
d)
Complete a Form 316, if applicable.
Dog Bite Cases
1.
Arrange for immediate medical attention.
2.
Complete a Form 316. Note: All dog and other mammal bites must
be reported to the Health Department within twenty-four (24) hours
per Ohio Administrative Code 3701-3-28.
a.
Provide complete information on the victim. Include an address
and telephone number.
1)
Detail the victim’s injuries in the narrative section.
Rev. 12/02/08, Replaces 07/15/08
7
12.115
2)
If the victim is a juvenile, ensure complete parental or
guardian contact information (to include an address and
telephone number) is obtained.
b.
Complete the name, address, telephone number, and other
pertinent information of the owner/harborer of the dog.
c.
Provide a thorough description of the animal, serial number, or
inoculation tag, certificate information, microchip number or
tattoo number, if applicable.
d.
If the dog will not be impounded, instruct the owner/harborer to
confine the dog for a 10-day period of observation, and not to
have the dog inoculated until after the 10-day observation
period. Indicate on the Form 316 this was done.
e.
In the event the dog is a stray or unidentified, mark the Form
316 “Incomplete.” Fill out as much information as possible.
1)
If the dog is located, attempt to contain it. Notify the
SPCA, through Police Communications, to respond and
pick up the dog for the Health Department examination.
a)
3.
The reporting officer will issue a Form 314 for a violation of CMC
section 701-1-V to the owner/harborer of the dog following any bite
which results in a severe injury as defined in CMC Section 701-1-S.
a.
4.
Officers will not confiscate the dog unless the dog is a vicious
dog, as defined, and has not been registered with the Police
Department.
Upon completing the Form 316, the reporting officer will make a
legible photocopy of the Form 316, and fax it to the Health
Department (352-2915). Indicate on the Form 316 the Health
Department was “notified by fax”, and retain the fax transmittal sheet.
a.
5.
Send the legible photocopy of the Form 316 directly to the
Health Department through interdepartmental mail.
Attach the fax transmittal sheet to the original Form 316 and submit it
for supervisory approval.
a.
The district collators will forward the original Form 316 and
attached fax transmittal sheet to Records Section.
b.
After completing their investigation, the Health Department will
sign any necessary affidavits for an inoculation violation.
1)
6.
Notify the Health Department of the capture. Indicate
same on the Form 316.
Dogs under three months of age need not be inoculated.
Report cat bites the same as dog bites.
Rev. 12/02/08, Replaces 07/15/08
8
12.115
7.
H.
Unlicensed Dogs
1.
2.
3.
I.
Report wild animal bites the same as dog bites. If captured, hold for
the SPCA.
Officers have the discretionary authority to issue a “Warning Citation”
to the owner/harborer of an unlicensed dog.
a.
Dogs less than 3 months of age or owned fewer than 30 days do
not require a license.
b.
A dog license
is valid from January 1st of the current year to
th
January 30 of the following year.
The SPCA has provided the Police Department with “Dog License
Violation Warning Citations” for “Failure To File Application For
Registration Of Dog.”
a.
When a warning citation is issued, the violator is given the pink
copy of the three part carbonless form.
b.
The white copy of the warning is forwarded to the SPCA weekly
by the District Collator.
c.
The yellow copy is retained at the district where the violation
occurred.
The SPCA will follow up on all warning citations to ensure the
owner/harborer has purchased a current license. The SPCA will
assess a fine on a dog owner/harborer who fails to obtain a valid
license.
Investigating Wild or Exotic Animal Complaints
1.
When encountering a wild or exotic animal, request a supervisor
respond to the scene.
a.
The responding supervisor will ensure he has a shotgun and
rifled slugs before responding to the scene.
1)
b.
2.
When use of the firearm is absolutely necessary (the
animal poses an immediate threat to safety of the
community), the weapon of choice for large animals is the
shotgun with rifled slugs.
The responding supervisor will immediately notify the District
Commander, Night Chief or Duty Officer of the encounter and
outcome.
Notify the SPCA. The SPCA has the necessary equipment and
resources to capture wild or exotic animals.
Rev. 12/02/08, Replaces 07/15/08
9
12.115
3.
4.
Once the firearm is discharged, the officer will comply with Procedure
12.550.
a.
Obtain the name and address of the owner/harborer of the
animal.
b.
Obtain the name and address of any witness to the incident.
c.
Photograph the animal before removal for possible court
proceedings.
If the owner/harborer of the animal is present when investigating a
complaint, obtain the property owner’s consent to enter the premises.
a.
If the property owner refuses, and there is probable cause to
believe a wild or exotic animal is on the premises, obtain a
search warrant to enter the premises and confiscate the animal.
b.
Notify the SPCA through Police Communications and have them
respond when serving a search warrant. They have the
necessary equipment to capture the animal.
1)
c.
If the owner/harborer voluntarily gives up the animal and wishes
to transfer it to the SPCA’s cage at the scene, advise the
owner/harborer of the possibility of using lethal force against the
animal if control is lost.
1)
J.
Advise the owner/harborer the animal may have to be
tranquilized with a dart gun.
The SPCA must approve transfer of a non-tranquilized
animal.
5.
Once captured, photograph the animal for court proceedings.
6.
When citing the owner/harborer, use CMC 701-42.
Dead Animals
1.
When a citizen reports a dog or other animal has been killed or found
dead, the officer will notify the Health Department. The Health
Department will determine if the animal is wanted for any previous
incident involving a dog or animal bite.
a.
2.
If the animal is a deer killed by a motor vehicle, follow Procedure
12.225, Vehicular Crash Reporting.
If the animal is not wanted by the Health Department, notify Public
Services to pick up the remains.
Rev. 12/02/08, Replaces 07/15/08
10
12.120
12.120 LABOR DISPUTES AND STRIKES
Reference:
Procedure 12.413, Enforcement of Court Orders
Procedure 19.140, Outside Employment
Policy:
In all cases of labor disputes or strikes in which there is picketing,
demonstrations, or disorder, a district supervisor will confer with both labor and
management officials. The supervisor will emphasize the Police Department's
neutral position and its responsibility to protect life and property. The supervisor
will also point out the rights and responsibilities of both labor and management
toward the preservation of the peace.
Department personnel will not discuss controversial matters, or state their
opinions on any issue concerning the dispute or strike.
Procedure:
A.
Police Action:
1.
2.
District supervisor duties:
a.
A district supervisor will respond to the scene of the strike or
labor dispute.
b.
Confer with both labor and management officials, and
emphasize the Police Department's neutral position and its
responsibility to protect life and property.
c.
A supervisor from the district of occurrence will prepare a Form
17. FAX a copy immediately to Patrol Bureau. Send the
original, through channels, to the Patrol Bureau Commander.
The district commander, when notified, will:
a.
Take steps to provide sufficient police presence and supervision,
if necessary.
1)
Form police details if conditions warrant.
b.
Maintain close contact with both sides of the dispute in order to
keep the Department informed.
c.
Send the necessary written reports to the Patrol Bureau
Commander. The reports will include incidents, complaints, or
offenses related to the dispute.
d.
Notify the Patrol Bureau Commander, via Form 17, when the
involved parties settle the dispute.
Rev. 12/30/08, Replaces 10/93
1
12.120
3.
4.
B.
If the dispute reaches a critical state, or the district needs extra
assistance, the district OIC will request Police Communications
Section (PCS) to notify the following:
a.
Night Chief if occurring during his tour of duty.
b.
District commander
c.
Patrol Bureau Commander
d.
Duty Officer if a weekend.
In arranging for police presence at the scene of a labor or
management conflict, and based upon a proven need, the Police
Department will provide on-duty uniformed personnel up to the point
where the problem requires more personnel than the Department can
provide.
Arrests:
1.
Keep arrests resulting from minor incidents on picket lines or other
demonstrations to a minimum. Exercise sound judgment and make
arrests as a last resort.
2.
Try to clear minor incidents between individuals by separating and
warning them. Order them to leave the area.
3.
Officers will make an immediate arrest for incidents such as assault,
inciting to riot, property damage, etc.
4.
Before an arrest, the officer will:
a.
Determine if sympathizers will interfere with the arrest.
1)
b.
Make a positive identification of the person and arrest later
if the arrest is not possible at the time.
If officers expect trouble, call for help before the need arises.
1)
A proper show of force can frequently end spontaneous
acts of violence by the crowd.
5.
Immediately transport arrested persons from the scene to avoid
rescue attempts or other acts by sympathizers.
6.
In the event of mass arrests, officers must be able to identify
defendants at the trial.
a.
When possible, use camera equipment to identify involved
persons.
Rev. 12/30/08, Replaces 10/93
2
12.120
C.
Court Orders:
1.
If the court invokes a court order, injunction, or similar legal process,
the OIC will advise the City Solicitor or prosecutor.
a.
It is the responsibility of the City Solicitor or prosecutor to
determine what impact the legal process will have upon the
duties of the Police Department.
b.
If other than normal business hours PCS will recall a solicitor.
Rev. 12/30/08, Replaces 10/93
3
12.125
12.125 LICENSES AND PERMITS: INVESTIGATION OF
Reference:
Ohio Revised Code 4737.10 Junk Yard Inspections
Cincinnati Municipal Code 843, Junk Dealers and Second-hand Dealers
Cincinnati Municipal Code 510, Assemblages and Parades
Cincinnati Municipal Code 910-19, Violation of Special Event Ordinance
Definitions:
Junkyard – means a place of business, which is operated for the purpose of storing,
keeping, buying or selling junk except manufacturing establishments.
Fence – a barrier at least six feet but not more than ten feet in height, which is either
comprised of plantings or natural objects, or constructed of any non-transparent
material.
License – permission or authority to do something which would be wrongful or illegal to
do if permission or authority were not granted. Licenses are required in order to
regulate public matter activities.
Permit – permission to do something, especially in written form. A document or
certificate giving permission to do something that would be illegal to do if permission or
authority were not granted prior to the act. Usually short in duration or life.
Notwithstanding – any ordinance or statute to the contrary; in spite of the fact that an
alternative does/does not exist; and “although” when used as a conjunction.
Purpose:
Establish a guide and procedure for the inspection and processing of specific licenses
and permits held by businesses or individuals within the City limits.
Policy:
Police Department personnel are responsible for the inspection and proper recording of
licensure and permitting of businesses in the City as required by the Treasurer’s Office,
City Manager, or Police Chief.
Information:
The Treasurer's Office of the Department of Finance will exercise all available means of
contacting the licensee or permit holder, prior to referral to the Police Department for
investigation.
The Treasurer's Office will mail the licensee or permit holder an application for renewal
before the license or permit expires.
Rev. 5/13/02, Replaces 11/01
1
12.125
If the notice is not answered or renewal has not been made within a two-week period,
the Treasurer's Office will forward a list of suspected violators to the Police Department.
The list will indicate the address of the licensee or permit holder and the district
affected, and the section number of the specific violation.
In the case of regular annual and semi-annual inspections, the affected district is
responsible for the scheduling of inspections and properly reporting the results.
Special Events Unit has the responsibility for processing applications for parades,
special events, and street blocking.
Procedure:
A.
Suspected Violators
1.
The list of suspected violators will be routed to the Patrol Bureau
Commander, for recording and distribution to each district.
2.
The affected district and Intelligence Section will receive a list of suspected
violators within the district, including information that renewal has not been
made. The list will also relate why the correspondence has not been
answered (e.g. no such address, no forwarding address, no response to
mailings, etc.)
3.
The district personnel will investigate to determine if the licensee or permit
holder is located at the address indicated and if the business is still
operating, and take enforcement action if operating in violation.
4.
If a violation is observed, the investigating officer will determine if the
licensee or permit holder is an individual or a corporation.
a.
If a corporation, the officer will discuss the case with the Prosecutor's
Office before any citation is issued.
b.
The investigating officer will issue a payout citation or cite the violator to
court indicating the specific violation observed and the proper section
number for the violation.
c.
The investigating officer will sign the affidavit and prepare a Form
527A, Case Summary. The representative of the Treasurer's Office
whose signature appears on the list of suspected violators, will be
included on the Form 527A as a witness. A copy of the Form 527A will
be attached to the affidavit.
d.
If at the arraignment proceedings, a "Not Guilty" plea is entered, the
investigating officer and a representative of the Treasurer's Office will
be notified by the Prosecutor's Office to appear in court.
Rev. 5/13/02, Replaces 11/01
2
12.125
5.
B.
The Police Department will notify the Treasurer's Office of the disposition
upon completion of the court proceeding or investigation.
Firearms-Dealer Inventory:
1.
In order to maintain current information concerning firearms and ammunition,
the Police Department will conduct semiannual inspections of firearm
dealers.
2.
Each district will conduct an inspection of all firearms dealers within their
respective areas on February 1st and August 1st.
a.
Complete Form 599, Firearms and Ammunition Inventory Report, and
make two copies:
1)
Forward the original to the Patrol Bureau Commander via the
chain-of-command.
a)
3.
The Patrol Bureau Commander will forward Form 599 to
Police Communications Section for placement in the
Emergency Operations Center CDOP book.
2)
Forward a copy to Planning Section.
3)
Retain a copy for the district CDOP Book.
b.
A Form 17 will be utilized as a cover for this report. Indicate which
business should be given prime attention in the event of a civil
disturbance.
c.
When making these inspections, special attention will be given these
factors:
1)
Security measures to be carefully examined and where
deficiencies are noted, recommendations for improvement shall
be made by the inspecting officer.
2)
The record shall include day/night telephone numbers of
responsible members of the business.
3)
All dealers shall be advised to immediately notify their police
district in the event of any sizable increase in their stock, or
unusual sales activity.
Form 599 will be reproduced and distributed to the districts, and a limited
quantity stored at Supply Unit to be ordered on a regular requisition.
Rev. 5/13/02, Replaces 11/01
3
12.125
C.
Junk Yard Inspection Report:
1.
2.
In order to comply with Ohio law, the affected district will inspect all
junkyards within their area, on a semi-annual basis.
a.
The District Commander’s designee (e.g. district investigator(s), officer
charged with junk/abandoned autos, etc.) will conduct the inspection
during the months of March and September.
b.
Follow-up inspections will be done within the 60-day period following
the original inspection and will be submitted as outlined in section
C.3.a.
The junkyard inspection report is designed to answer all the requirements of
the ORC and CMC. The form has two major sections for information
gathering.
a.
The top one third of the form is designed to capture who, when, where
and why an inspection is being done.
1)
b.
3.
The bottom two thirds of the form identifies the items to be
inspected.
All blocks listed under the Business Transactions Log must be checked
off as being present, at the time of inspection, in order for the premise
to be in compliance.
The inspection
a.
The inspecting officer will contact the business owner to set a date and
time for the inspection
1)
b.
Contact Intelligence Section prior to inspection to obtain any
background information on the licensee.
Conduct a physical inspection of the premises and the Business
Transaction Log as outlined on the form 268 using the Information
Sheet as a guide.
1)
Note on a Form 17 all names of people who have multiple
transactions (three or more) within the past inspection period.
a)
Forward these names via the chain-of-command to the
Intelligence Section.
Rev. 5/13/02, Replaces 11/01
4
12.125
c.
D.
Prepare Form 268, Junkyard Inspection Report , in triplicate
1)
Give the third copy of the report to the licensee or his
representative. Turn in the remaining pages of the Form 268 to
the district commander.
2)
The district commander will forward a copy of the form 268 to the
Intelligence Unit.
Applications for parades, special events, and street blocking
1.
Applications are available at any police facility, and on the Department’s
website.
2.
Forward completed applications via the chain-of-command to the Special
Events Unit. Facsimiles or out dated versions of applications will not be
accepted. The application must have the applicant’s signature on it.
3.
Special Events Unit will send a copy of the application to the appropriate
district, via Patrol Administration, for the district’s review and
recommendation.
4.
The district will make their recommendation for approval or disapproval of
the event and return the application via the chain-of-command to the Special
Events Unit.
5.
Special Events Unit will ensure acceptable insurance is obtained when
required and obtain the approval from the City’s Risk Manager. After the
insurance is checked by the Risk Manager and the recommendation is
received from the affected district, Special Events Unit will:
a.
If the application for an event is approved; notify the affected district,
the event applicant, the Fire Department, Southern Ohio Regional
Transit Authority, and the Department of Public Works (Traffic & Road
Operations).
1)
If the event involves the southern portion of District One, the
Southbank shuttle and the Transportation Authority of Northern
Kentucky will also be notified.
b.
If the application for an event is not approved, send notice of
disapproval to the affected district and the event applicant.
c.
Maintain a calendar of events to provide specific event information and
will direct this data to the Information Technology Management Section
so it will be available on the Police Department’s website.
Rev. 5/13/02, Replaces 11/01
5
d.
12.125
Submit requests for Notwithstanding Ordinances for all events taking
place on city streets that charge admission, sell food, drinks or
merchandise, or have any other specific need or feature requiring a
Notwithstanding Ordinance.
6.
All temporary liquor permit applications for special events on city property
are coordinated through Special Events Unit.
7.
Special Events Units maintains staff supervision over the entire process.
Rev. 5/13/02, Replaces 11/01
6
12.130
12.130 VICE CONTROL AND ENFORCEMENT
RESPONSIBILITIES
Reference:
Procedure 12.715, Property and Evidence: Confiscation, Accountability,
Processing, Storage and Release
Procedure 12.720, Evidence: Submitting for Physical Analysis
Policy:
Enforce laws and ordinances dealing with the suppression of illicit activity in
liquor, gambling, prostitution, narcotics, obscene materials, and regulatory
violations.
Procedure:
A.
District Responsibilities
1.
Function as the first line operation responsible for the control and
suppression of vice activity.
2.
Enforce all laws, ordinances, and regulations for the control or
suppression of liquor, gambling, prostitution, narcotics, obscene
materials, and regulatory violations.
a.
Refer enforcement plans for obscene material violations
involving commercial operations to the Central Vice Control
Section (CVCS) for investigation and coordination with the
prosecutor.
3.
Inspect public and commercial amusement places for conditions
affecting the health and moral welfare of the community and activities
or devices having a gambling potential.
4.
Investigate and make recommendations to CVCS on liquor permit
renewal requests, location and ownership transfer requests, and
issuance of new permits.
5.
Direct requests for Liquor Commission hearings on reported violations
to CVCS. CVCS will process the requests through the local office of
the Ohio Investigative Unit.
6.
Be alert for patterns, trends, or any type of organized vice activity. If
found, relay the information to CVCS and concerned district
personnel.
Rev. 04/28/09, Replaces 05/29/07
1
12.130
7.
Request assistance, when necessary, from CVCS for vice cases,
court case preparation, filing criminal complaints, search warrants,
etc.
8.
Process property needing analysis through the Court Property Unit.
9.
Maintain a rapport with CVCS; Department bureaus; and public,
private, and other government agencies concerned with vice control.
10.
Prepare reports and maintain records necessary to vice enforcement
or as prescribed by the Patrol Bureau Commander.
a.
Ensure the blocks on the Form 527, Arrest and Investigation
Report, pertaining to vice activity are completed, i.e., Vice
Activity Arrest, Type of Premises, and Forfeiture Application DIS94.
11.
Improve the enforcement effort by participating in public information
programs and personnel training.
12.
Maintain license and permit files.
a.
b.
c.
Each district will maintain a file of all businesses within the
district boundary required by statute or ordinance to secure
liquor licenses or permits to operate.
1)
File each business alphabetically and by "DBA" (Doing
Business As).
2)
Use Ohio Division of Liquor Control (ODLC) Form 29,
Record of Licensed Places, for these records.
Prepare an extra copy of the Form 301, Incident Report, or other
official documents when an incident occurs in a liquor permit
premise or has its origin there.
1)
File this copy in the district file, noting the DBA of the liquor
permit premise and the correct address under "Type of
Premises Where Offense Occurred".
2)
Forward a copy to CVCS.
Prepare Form 526A, Liquor Permit Premises Vice Activity, for all
fights, disorders, violations, or unwholesome conditions arising
in, or from, the operation of licensed liquor establishments. If an
arrest has occurred, make a copy of the Form 527 instead.
Rev. 04/28/09, Replaces 05/29/07
2
12.130
d.
File Forms 526A and 527 in the district file, noting the DBA of
the liquor permit premise and the correct address under "Type of
Premises Where Offense Occurred".
1)
f.
Forward a copy to CVCS.
District commanders will designate a supervisor and officer to
maintain these files. District commanders will make periodic
checks to ensure the designated supervisor is properly
maintaining the files.
13. Temporary Liquor Permits.
a.
Special Events Unit will process Temporary Liquor Permit
applications for the Department.
1)
Desk personnel encountering persons, who wish to submit
a completed application, will direct them to District One for
application processing.
a)
b.
District One Desk personnel will forward all
Temporary Liquor Permit applications to Special
Events Unit.
Special Events Unit will:
1)
Review all Temporary Liquor Permit applications and
associated paperwork for completeness.
2)
Route the applications for the required signatures.
a)
The District One Commander will serve as the Chief’s
designee for the final review and required Department
signature.
3)
Forward a copy of the completed application to the affected
District Commander as a notification of pending events
within the affected district.
4)
Notify the applicant that the signed application is ready to
be picked up from District One.
5)
Maintain a file of temporary Liquor applications in
accordance with the established records retention
schedule.
Rev. 04/28/09, Replaces 05/29/07
3
12.130
14.
Notify CVCS of pharmaceutical diversion activities occurring within the
district’s boundaries.
a.
The following circumstances will constitute cause to contact
CVCS or request recall:
1)
The arrest of an employee of any health facility, hospital,
nursing home, doctor's office, etc., for the possession or
theft of any amount of dangerous drugs. The arrest of any
of the above employees in a non-alcohol related Operating
a Vehicle Under the Influence (OVI) offense.
2)
The arrest of any subject in illegal possession of the bulk
amount or more of any schedule II controlled
pharmaceutical substance, or 100 dosage units or more of
any other controlled pharmaceutical substances or
dangerous drugs.
3)
The arrest of a subject for, or any attempt or complicity to,
the following offenses:
a)
Theft (Drugs) - ORC Section 2913.02
b)
Medicaid Fraud - ORC Section 2913.40
c)
Insurance Fraud - ORC Section 2913.47
d)
Workers’ Compensation Fraud - ORC Section
2913.48
e)
Trafficking in Drugs (Dangerous Drugs) - ORC
Section 2925.03
f)
Deception to Obtain a Dangerous Drug - ORC
Section 2925.22
Illegal Processing of a Drug Document - ORC Section
2925.23
g)
b.
When an officer responds to a pharmacy for a stolen, altered, or
forged prescription, and an arrest neither occurs nor is imminent,
the prescription remains at the pharmacy. The responding
officer will notify CVCS by the next business day. CVCS will
receipt and preserve the evidence. Instruct the pharmacist to
preserve the prescription for possible latent fingerprints. Do not
handle the prescription.
Rev. 04/28/09, Replaces 05/29/07
4
12.130
B.
Central Vice Control Section (CVCS) Responsibilities
1.
Assist Patrol Bureau in the suppression of liquor, gambling,
prostitution, narcotics, obscene material, and regulatory violations.
CVCS will exercise staff supervision of Department activities in these
efforts.
2.
Monitor vice conditions throughout the city and keep the Police Chief,
Investigations Bureau Commander, and district commanders informed
of situations needing attention.
a.
3.
Actively engage in vice enforcement and involve district personnel in
these activities.
a.
4.
Notify Intelligence Section of any organized activity.
Take immediate enforcement action on vice violations without
involving district personnel when a delay would jeopardize the
successful prosecution of the violation.
1)
Prepare a Form 526, Vice Activity Report, if an arrest has
not occurred. Forward a copy of the form to the affected
district.
2)
If an arrest has occurred, forward a copy of the Form 527
to the affected district.
Act as the liaison between the Department, Ohio Investigative Unit,
and the Ohio Attorney General's Office.
a.
CVCS prepares all requests for Liquor Control Commission
citations on reported violations. Requests are submitted through
the local office of the Ohio Investigative Unit.
b.
Notify the district commander, in writing, if a reported violation
was not submitted to the Liquor Control Commission for a
hearing.
5.
Act as the Department’s liaison with Hamilton County and City of
Cincinnati Prosecutor's Offices in obscene material cases involving
commercial operations. Participate in enforcement planning for such
violations with district personnel and the prosecutor.
6.
Provide assistance to Department personnel in any vice case,
especially in court case preparation, filing criminal complaints, and
writing search warrants.
Rev. 04/28/09, Replaces 05/29/07
5
12.130
a.
7.
Field test suspected evidence when requested.
8.
Participate in recruit and in-service training programs.
9.
Aid in preparing public information programs which will improve the
enforcement effort.
10.
Keep Department personnel informed of new laws, court decisions,
etc., relating to vice activity.
11.
Make reports and maintain records necessary to their operation.
12.
Maintain a master vice activity file.
13.
C.
If requested, assistance may include actual participation in
planning, investigation, arrest, and court presentation.
a.
Maintain photographs of those actively engaged in various vice
activities. File by type of activity.
b.
Information from files is accessible to authorized personnel upon
request through a CVCS supervisor.
Be the central repository for all vice activity documents.
a.
Review and analyze vice activity records to determine patterns,
trends, or any type of organized activity. Give special attention
to activities which cross district and city boundaries.
b.
Provide for an orderly flow of information to concerned units and
jurisdictions.
14.
CVCS is available to district personnel for recall to investigate
pharmaceutical diversion activity. CVCS personnel need involvement
in an investigation shortly after an arrest. This includes an opportunity
to interview the prisoner or to offer any assistance to the arresting
officer.
15.
CVCS will investigate the following cases:
a.
The illegal diversion of pharmaceutical drugs.
b.
Health care insurance fraud.
Reporting Conditions of Liquor Permit Premises
Rev. 04/28/09, Replaces 05/29/07
6
12.130
1.
Notify CVCS of suspected criminal or regulatory violations.
a.
Officers may conduct warrantless administrative inspections
subject to the following limitations:
1)
There is reasonable suspicion that evidence of violations of
the Liquor Control Act and/or rules of the Liquor Control
Commission would be found in the licensed premises.
2)
Inspections are conducted for the limited purpose of
determining compliance with the Liquor Control Act and
rules adopted by the Liquor Control Commission.
3)
Inspections are conducted only during those hours when
the permit holder is open for business or when it
reasonably appears all or part of the business is in use.
4)
Inspections may include only those portions of the property
which are part of the licensed premises.
5)
D.
Warrantless administrative inspections can include locked
closets, filing cabinets, cellars, attics, storage rooms,
desks, and safes located in the liquor premises.
Arrests on Premises Where Liquor is Sold
1.
Case preparation for arrests on a liquor permit premises consists of:
a.
Processing and analysis of liquor evidence.
b.
Preparation of Form 527 and Form 529L, Request for Citation.
c.
In cases involving a minor, the presence of the minor is
necessary in court.
1)
Only certified copies of birth records are admissible as
evidence.
a)
Route requests for certified copies of birth/death
certificates through CVCS. The request should
include the first, middle, and last name of the
individual, their sex, race, age, date of birth, father's
name, mother's maiden name, city, county, state, and
hospital of birth.
Rev. 04/28/09, Replaces 05/29/07
7
12.130
b)
2)
If certified copies of birth records are not available, the
Form 529L must identify the minor's natural parents who
can verify age.
a)
3)
d.
e.
f.
CVCS will forward the request to the Bureau of Vital
Statistics and return the certified copy to the
requesting officer.
The Form 529L should contain information
concerning the minor's date of birth, city, county,
state, hospital of birth, address, father's name, and
mother's maiden name.
Take a written statement from minors whenever possible.
Complete Form 529L for violations of the Liquor Control Act or
Liquor Control Commission regulations. Also complete Form
529L for the arrest of a permit holder, agent, or employee
involving violations of laws, ordinances, or liquor regulations on
permit premises.
1)
CVCS retains original copy.
2)
Send copy to affected district.
Make two copies of the Form 527 on all vice arrests.
1)
One copy to CVCS.
2)
One copy for the affected district.
When filing liquor cases with no local charges and the case will
go directly before the Liquor Control Commission, handle in the
following manner:
1)
2)
Complete Forms 529L and 526A in duplicate.
a)
Original to CVCS.
b)
Duplicate for the district file.
CVCS will be responsible for the administrative preparation
of the case before the Liquor Control Commission.
Rev. 04/28/09, Replaces 05/29/07
8
12.130
3)
g.
E.
a)
Unsealed evidence requires analysis prior to
submission to the Liquor Control Commission.
b)
Sealed evidence for presentment to the Liquor
Control Commission does not have to be analyzed.
Hamilton County Municipal Court requires sealed
evidence to be analyzed.
In liquor cases involving multiple arrests, mark and tag all
evidence under the legal name of the DBA appearing on the
permit license. Write in red across the evidence tag "Hold for
Columbus".
1)
2.
Court Property Unit will process evidence gathered for
presentation to the Liquor Control Commission. Form 330,
Property Receipt, will indicate "Columbus Only".
List names of all arrested on the evidence tag after the
DBA name.
Arrests on premises where liquor is sold without a permit:
a.
Refer to Procedure 12.720 concerning analysis and processing
of liquor evidence.
b.
Make two copies of the Form 527.
1)
Send original to CVCS.
2)
Duplicate for district file.
Liquor Permits - Renewal, Transfer, or Issuance of New Permits
1.
Route all correspondence concerning renewal, transfer, or issuance of
liquor permits through CVCS. The CVCS Commander will make all
recommendations to the ODLC in writing with the signed approval of
the Police Chief, Law Department, and City Council.
2.
Location transfers or new permit applications:
a.
The ODLC will send Form DLC 4053, Police Notification, for
requests for liquor permits, transfer of applications, etc., to the
Clerk of Council.
1)
CVCS prepares Form 474, Renewal, Transfer or Issuance
of Liquor Licenses, and sends it to the involved district
Rev. 04/28/09, Replaces 05/29/07
9
12.130
commander who will investigate and notify CVCS of
approval or disapproval. Forward completed paperwork,
including the Form 529LI, Liquor Permit Premises
Inspection Report, to CVCS.
a)
2)
b.
If disapproved, district commanders will note their
disapproval on a Form 17 listing objections.
1]
Send original to CVCS.
2]
Place copy in the district file.
CVCS will notify the Mayor and Members of Council by
letter of the Department’s approval/disapproval of the new
permit, renewal, or transfer request.
ODLC Form DLC 4053:
1)
Upon receipt of the above forms, CVCS will complete the
Form 474 and any companion ODLC forms.
a)
CVCS will document any criminal records on the
Form 243A, Police Department Conviction Record
Transcript.
2)
Forward copies of Form 474 and the companion ODLC
forms to the affected district commander for approval or
disapproval.
3)
The ODLC regards the following as objectionable:
a)
Conviction of the applicant for felonies or other crimes
relating to his ability to operate a liquor establishment.
b)
An applicant's alcoholism or drug addiction.
c)
A prior unfavorable enforcement record.
d)
Nonconformity with building, safety, or health
requirements.
e)
Inaccessibility by law enforcement authorities.
f)
The establishment will substantially interfere with the
public decency, sobriety, peace, or good order of the
neighborhood.
Rev. 04/28/09, Replaces 05/29/07
10
12.130
4)
g)
The establishment will substantially and adversely
interfere with the normal orderly conduct of a church,
library, public playground, school, or hospital.
h)
The granting or transferring of a permit will be
detrimental to the morals, safety, or welfare of the
public.
i)
Adverse effect of saturation of the area with other
liquor establishments.
The district commander will immediately investigate and
record a recommendation on the Form 474 and return all
copies to CVCS.
a)
Objections: Note objections on a Form 17 and return
to CVCS.
b)
No objections: Write no objections in the
“Recommendation” section of Form 474 and return to
CVCS.
5)
The CVCS Commander will make recommendations on the
Form 474 and route it through the channels for the Police
Chief’s signature. The Police Chief will sign the Form 474
and return it to CVCS.
6)
The CVCS Commander will state on the Liquor Control
Commission Application whether the Department approves
or disapproves the new permit, location, transfer, etc.
a)
3.
CVCS will file a copy of Form 474 and the companion
ODLC forms.
Permit renewals:
a.
ODLC issues all renewals each year in June.
1)
At renewal time, each district commander will investigate
and determine recommendations for permit renewal.
Check the accuracy of the district permit file information.
2)
Forward complaints against a permit premise to CVCS
each year at renewal time.
Rev. 04/28/09, Replaces 05/29/07
11
12.130
a)
Renewal objections will address enforcement actions
occurring on the permit premise during the past year.
The liquor permit year is June to June.
1]
b)
Record the reason for objection on a Form 17 and
forward to the Police Chief. List the names of officers
who can testify about conditions existing on the
premises.
1]
c)
3)
F.
Attach a list of radio runs, a description of the
nature of the run, and disposition.
CVCS submits their recommendations to the
Police Chief for consideration.
No action is necessary when there is not an objection
to a permit renewal.
Districts must complete a Form 17 for all annual renewal
objections, both new and reaffirmed.
Gambling Investigations
1.
2.
3.
On all suspected gambling operations, the unit initiating the activity
will prepare a Form 526, listing all the facts and forward to CVCS.
a.
Personnel will not visit suspected gambling places alone unless
authorized by an immediate supervisor. In some instances,
infiltration by civilian clothes personnel is necessary to secure
evidence. In these cases, obtain prior permission from a
supervisor.
b.
Whenever possible, a supervisor will accompany personnel in
the investigation of suspected gambling places.
A supervisor will respond and observe the accounting of all money or
equipment held as evidence in gambling arrests.
a.
Record claims to money, but do not determine ownership.
b.
Ensure all proper reports are made and seized property
protected.
CVCS and each police district will maintain a file on gambling
operations. Each file will contain the following:
Rev. 04/28/09, Replaces 05/29/07
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12.130
4.
5.
6.
a.
Correct street addresses and locations within the buildings.
b.
Owner of building.
c.
Lessee of building.
d.
Backer of game.
e.
Forms 526, 527, and other information pertaining to such
address.
Make three copies of Form 526 on all investigations of gambling
locations.
a.
Original to CVCS.
b.
One copy for the initiating unit.
c.
One copy for affected district.
Make three copies of the Form 527 on gambling arrests.
a.
One copy to CVCS.
b.
One copy for the initiating unit.
c.
One copy for the affected district.
d.
If an organized ring is suspected, send a copy to Intelligence
Section.
CVCS will prepare a letter to the property owner relating the facts and
apprise the owner of possible criminal sanctions for future violations.
a.
G.
Send the letter by registered mail with personal receipt
requested.
7.
Maintain a copy of the owner's notice in the gambling files.
8.
Charge all persons found participating in gambling games under Ohio
Revised Code (ORC) Sections 2915.02 - Gambling, 2915.03 Operating a Gambling House, or 2915.04 - Public Gaming.
Pinball Machine Seizures
Rev. 04/28/09, Replaces 05/29/07
13
12.130
H.
1.
When observing unlawful use of a pinball machine, confiscate and
process the machine. Deliver the machine to the Court Property Unit.
2.
Remove the exhibitor's license from the premises and send to Court
Property Unit in a property envelope. If the license is under the glass
of the machine and not accessible, send the license with the machine
to the Court Property Unit.
3.
Prepare a Form 17 including the following information:
a.
Time and date of arrest or incident.
b.
Arresting officer.
c.
Persons arrested and charges.
d.
Address and type of business where violation occurred.
e.
f.
Facts concerning violation.
Make of machine and serial number, if available.
g.
Machine license number, distributor, person to whom issued,
and the expiration date of the license.
h.
Exhibitor's license number and to whom issued.
i.
Forward copies of the Form 17 to CVCS and Intelligence
Section.
4.
The arresting officer will promptly submit a supplemental Form 17
reporting the court disposition.
5.
Following conviction, CVCS will send a destruction order request to
the Clerk of Council.
Pornography Cases
1.
When Department members are advised of, or come into contact with,
pornography, other than mere possession, they will notify CVCS.
a.
2.
Report all cases of child pornography to CVCS and the Personal
Crimes Unit.
The CVCS Commander will assign personnel to investigate the
complaint.
Rev. 04/28/09, Replaces 05/29/07
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12.130
a.
CVCS personnel will view the pornographic material, consult the
Prosecutor's Office, and make a determination whether to
prosecute and the proper charges.
b.
They will record such information as:
c.
I.
1)
Time, date, and location of the violation.
2)
Name and address of the theater or store.
3)
Name and address of the owner; if a corporation, names
and addresses of the corporation and officers.
4)
Name and address of the theater or store manager.
5)
Name and address of the projectionist, if a theater.
6)
Names of all police and civilian witnesses.
CVCS will notify the originating unit of action taken, if any.
Drug Abuse Locations
1.
When officers believe probable cause exists to file a violation of
Cincinnati Municipal Code (CMC) 911-5 (c), Permitting Drug Abuse,
they will:
a.
Prepare a Form 526 listing the facts and a written summary of
evidence and submit to CVCS for review. Make three copies of
the Form 526 and distribute as follows:
1)
Original to Central Vice Control Section.
2)
Copy for the initiating unit.
3)
Copy for the affected district.
2.
No enforcement action will be taken without administrative review by
CVCS.
3.
Upon approval, an investigative packet will be returned to the
originating officer who will file a criminal complaint. Upon arrest or
citation, send a copy of the Form 527 or Form 314, Notice to Appear,
to CVCS.
Rev. 04/28/09, Replaces 05/29/07
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12.130
4.
5.
When a felony drug offense is committed on property owned by
another, CVCS will prepare a notification letter to the property owner,
lessee, occupant, custodian, or supervisor of the location. It will relate
the facts and apprise the responsible party of their responsibilities and
possible arrest for future violations.
a.
Make notification within 72 hours by certified mail, return receipt
requested, or by personal service with a signature as receipt.
b.
District CPOP officers will assist in personally notifying the
owners, occupants, custodians, etc., of drug abuse locations.
CVCS and each police district will maintain a file on drug abuse
locations. Each file will contain the following:
a.
Correct street addresses and locations of drug abuse location
premises, real estate, or vacant land, including specified areas
(e.g., “Apartment 123,” “first floor,” “northwest corner,” etc.).
b.
c.
Owner of premises or real estate.
Lessee of premises or real estate.
d.
Arrestees and their addresses.
e.
Forms 526, 527, and any other information pertaining to drug
arrests at these addresses.
6.
Maintain a copy of the owner’s notice in the drug abuse location files.
7.
Charge persons found participating in drug abuse under Ohio Revised
Code Chapter 2925, Drug Offenses, where applicable.
8.
Property held as evidence in drug abuse location arrests will be
processed according to Procedure 12.715.
a.
9.
Ensure all proper reports are made and seized property
protected.
Make three copies of the Form 527 of a drug abuse location arrest:
a.
Copy to CVCS.
b.
Copy for the initiating unit.
c.
Copy for the affected district.
Rev. 04/28/09, Replaces 05/29/07
16
12.130
d.
If an organized ring is suspected, send a copy to Intelligence
Section.
Rev. 04/28/09, Replaces 05/29/07
17
12.131
12.131 CONFIDENTIAL INFORMANT MANAGEMENT AND
CONTROL
References:
Procedure 12.620 - Criminal Pursuit Fund
Procedure 12.700 - Securing and Service of Search Warrants
Procedure 12.815 - Court Appearance
Ohio Revised Code 2933.32 - Body cavity and strip searches; conducting
unauthorized search; failure to prepare proper
report
Definitions:
Sources of Information (SOI) - Persons or organizations not under the direction
of a specific police officer. A source of information furnishes information without
compensation and will not take an active part in an investigation. When sources
of information seek compensation or become an active part of an investigation,
their status changes to confidential informant. SOIs do not require registration.
Confidential Informants (CI) - Persons under the direction of a specific police
officer giving information or other lawful assistance on criminal activity.
Confidential informants take active parts in investigations and/or receive
compensation. Register all CIs.
Confidential Defendant Informants (CDI) - Confidential informants who are
current defendants in pending court cases and expect compensation in the form
of judicial or prosecutorial considerations. Register all CDIs.
Inactive Confidential Informants - Confidential informants not debriefed within
a year, or declared inactive by the control officer.
Debriefing - Initial and continued questioning of confidential informants.
Intelligence gathering on backgrounds, motives, limitations, and other
information they have on all types of criminal activity.
Compensation - Money or judicial/prosecutorial considerations.
Informant Control Officer (ICO) - Officer controlling the confidential informant.
Informant Secondary Officer (ISO) - Serves as contact for the confidential
informant when the control officer is unavailable and acts as a witness for the
control officer.
Purpose:
Control confidential informant behavior by providing standard confidential
informant management procedures and control forms for use by all Department
personnel.
Maintain a secure confidential informant master file location where officers will
check confidential informant applicant's history before starting covert activities.
Rev. 2/98, Replaces 9/95
1
12.131
Establish a system where supervisors ensure officers follow confidential
informant control procedures, reducing the use of undesirable informants.
Assure accountability of funds provided to confidential informants, using
standardized receipts approved by supervisors.
Policy:
The Investigations Bureau Commander can waive portions of this procedure in
cases of extreme sensitivity where absolute confidentiality is necessary. Submit
specific case information to the Investigations Bureau Commander on a Form
17. Hand-deliver the Form 17 through the appropriate chain of command.
Department personnel assigned to the Regional Narcotics Unit (RENU), Federal
Bureau of Investigation (FBI) Task Force, and the Violent Crimes Task Force
(VCTF) are exempt from this procedure. Personnel assigned to RENU will follow
the Hamilton County Sheriff's procedure. Personnel assigned to the FBI Task
Force and the VCTF will follow the FBI procedure.
CIs are assets of the Department, not specific officers. When ICOs retire,
transfer, get promoted, or engage in mismanagement, the Department can
reassign a CI to another ICO.
Relationships with CIs will remain strictly professional in nature. Social and
business contacts are prohibited.
Never use contraband as compensation.
Interdepartmental mail will not be utilized for the delivery of CI documents. All
documents regarding the use of CIs will be hand carried.
Procedure:
A.
B.
A person must meet three criteria to establish them as a CI:
1.
The person is in a unique position to help the Department in a present
or future investigation.
2.
The person will not compromise Department interests or activities.
3.
The person will accept the direction necessary to effectively use their
services.
Precautions When Dealing with CIs:
1.
Never provide CIs with knowledge of police facilities, operations,
activities, or personnel.
Rev. 2/98, Replaces 9/95
2
12.131
2.
Two police officers must be capable of contacting a CI. Two officers
will be present at all contacts with CIs unless otherwise approved by a
supervisor.
a.
When dealing with CIs of the opposite sex or homosexual CIs,
two officers will always be present.
b.
Two officers will always be present when paying CIs.
3.
Immediately document initial debriefing contacts with CIs on Form
277, CI Registration and Reliability Report.
4.
Document all significant contacts with CIs on Form 277A, Controlling
District/Section/Unit Debriefing Report. Examples of significant
contact are:
a.
Receiving information about criminals or criminal activity
including information from phone conversations.
b.
Any compensation made to CIs.
c.
Any contact that results in an arrest or the execution of a search
warrant.
d.
The CI becomes involved in criminal activity.
5.
Before starting informant activities, CIs will read, understand, and sign
Form 278, Cooperating Individual Agreement; Form 280, Cooperating
Individual Release of all Claims; and Form 281, Concealed
Transmitter and Recording Consent.
6.
ICOs cannot guarantee judicial or prosecutorial consideration without
approval from the court.
7.
Avoid revealing a CI's identity during court. Thoroughly discuss the
CI's confidentiality with prosecutors before court proceedings.
a.
Consider alternatives to revealing a CI's identity.
b.
In situations where the disclosure of a CI's identity might
adversely affect the outcome of a more significant investigation,
officers may request dismissal of the immediate case.
1)
When requesting a dismissal, or intervening in the
disposition of any case, follow Procedure 12.815, Court
Appearance.
a)
Rev. 2/98, Replaces 9/95
Hand-deliver requests through the appropriate chain
of command.
3
12.131
C.
Restricted Use CIs:
1.
Restricted use CIs are:
a.
Persons under 18 years old.
1)
b.
2.
D.
Get permission from a parent or legal guardian before
using juveniles as confidential informants.
a)
Get the signature of the parent/legal guardian on
Form 280.
b)
Use juvenile CIs only to make controlled purchases of
drugs, alcohol, or in other criminal investigations
when circumstances are extraordinary and
conventional investigative techniques do not produce
results.
Persons having a history of drug or alcohol dependency.
Get permission from an immediate supervisor before using restricted
use CIs.
Undesirable CIs:
1.
2.
Undesirable CIs are those who:
a.
Commit an act which could endanger the life or safety of a police
officer.
b.
Reveal the identity of a police officer to suspects, or in any other
way compromise an official investigation.
c.
Try to use the Department to further criminal goals.
d.
Provide false or misleading information to police officers.
e.
Engage in conduct that brings discredit or embarrassment upon
the Department.
The use of an undesirable CI requires the permission of an immediate
supervisor.
a.
A Form 17 will be initiated by the Intelligence Section informing
the ICOs supervisor the CI is undesirable. The supervisor will
return the Form 17 to the Intelligence Section indicating his
approval/disapproval of the CI’s use before the CI is used.
Rev. 2/98, Replaces 9/95
4
12.131
E.
Informant Control Officer (ICO) Responsibilities:
1.
Use Department approved forms for management and control of CIs.
2.
Contact the Intelligence Section (Monday-Friday 0800-1600) to
determine if using a CI will conflict with use by other Department
personnel.
a.
An immediate supervisor will contact the Police Communications
Section and request recall of Intelligence Section personnel
when needing information on critical cases.
3.
When possible, contact former control officers for more information.
4.
Check and report on the reliability of CIs with immediate supervisors.
5.
Using persons on probation or parole as CIs.
a.
Persons under the authority of the Federal Court System
(parole/probation/awaiting trial) will not be used by Department
personnel as CIs.
1)
b.
Use state court probationers/parolees by complying with the
following guidelines:
1)
2)
6.
Control of federal defendants is by the sponsoring federal
agency that brought the charges before the federal court.
Contact the person's probation/parole officer.
a)
Advise of the person's intention to be a CI.
b)
Request approval and cooperation.
c)
Obtain the person's conditions of probation/parole.
Inform the CI:
a)
All conditions of probation/parole must be obeyed.
b)
That his probation/parole officer was informed of
intent to be used as a CI.
Conduct debriefings.
a.
Document significant debriefings in detail on Form 277A.
Submit debriefings to the immediate supervisor.
b.
Debrief CIs every time a significant contact occurs during current
investigations.
Rev. 2/98, Replaces 9/95
5
12.131
c.
For general intelligence gathering purposes, ICOs will contact
and debrief CIs that have not been heard from at least quarterly.
Submit completed Forms 277A to immediate supervisors.
d.
CIs not debriefed within a year become inactive and require new
registration before use.
1)
e.
F.
Immediately send a closing Form 277A to the Intelligence
Section indicating inactive or undesirable status.
Use the original CI number issued by the Intelligence Section
when activating former CIs. Activating an inactive or undesirable
CI requires the same procedure as the initial registration.
Immediate Supervisor Responsibilities:
1.
Securely hand-deliver the proper documentation to the Intelligence
Section.
a.
Inquire into the financial aspects of criminals, including:
1)
Real estate, automobiles, bank accounts, and businesses
owned by suspects.
2.
Send information on crime in other jurisdictions to the appropriate law
enforcement agency.
3.
Ensure ICOs register and manage people who meet the criteria as
CIs.
4.
Ensure ICOs receive and document approval for using persons with
backgrounds that require their classification as restricted use CIs.
a.
Ensure ICOs exercise strict control measures on CIs who have a
history of drug or alcohol dependency.
b.
Prohibit ICOs from using CIs for random investigations of drug
treatment programs for the sole purpose of determining the
identity of persons enrolled.
c.
Identify people who ICOs cannot control effectively and prohibit
or restrict their use.
5.
Ensure payments to CIs are not excessive and include an approved
and witnessed Form 279, Confidential Informant Receipt.
6.
Review CI records with unit commanders.
7.
Strictly adhere to all provisions of this procedure.
Rev. 2/98, Replaces 9/95
6
12.131
G.
H.
District/Section/Unit Commander Responsibilities:
1.
District/section/unit commanders will review all CI records with the
ICO supervisor to ensure proper usage.
2.
Submit to Intelligence Section by June 1st and December 1st a list of
active CIs by CI number.
3.
Review and audit payments to CIs.
Intelligence Section Responsibilities:
1.
Intelligence Section will maintain a master CI file containing all original
CI forms used by the Department. The Intelligence Section will:
a.
Issue CI identification numbers after receiving the completed
and approved confidential informant forms.
b.
Compare CI signatures on Form 279A, Confidential Informant
Receipt Part I with the CI signature on original CI registration
forms. Notify the unit commander when discrepancies are
noted.
c.
Notify ICOs when obvious conflicts of interest occur.
d.
Notify an ICOs supervisor, by Form 17, when a CI is
undesirable.
e.
Direct appropriate inquiries by field officers to current or previous
ICOs.
f.
Tell ICOs when other officers make inquires about their currently
controlled CI.
g.
Deactivate CI records not used or updated within a year.
1)
I.
Ensure control units deactivate CIs not used within a year.
Confidential Informant Forms, Documents, and Photographs:
1.
Form 277, Confidential Informant Registration and Reliability Report.
a.
ICOs will complete a wanted and history check on all CIs via
RCIC and NCIC.
1)
b.
Take appropriate enforcement action on wanted CIs, and
notify the immediate supervisor.
Confirm new adult CI applicants have fingerprints on file at the
Warrant/Identification Unit for comparison to ensure positive
identification.
Rev. 2/98, Replaces 9/95
7
12.131
c.
In the space provided on Form 277, take fingerprints of the CIs
left four fingers. Have the Warrant/Identification Unit compare
them with the fingerprints on file for positive identification and
have the deputy sign the confirming space on the Form 277.
1)
d.
Make a complete set of fingerprints from adult CI applicants not
having prints on file.
1)
e.
Juveniles are not fingerprinted for use as CIs. If the
juvenile has been arrested for a crime, ORC 2151.313
must be followed.
ICOs can roll CI applicant fingerprints in the field.
a)
Roll fingerprints on a Bureau of Criminal Identification
(BCI) Civilian Identification ten print card and an FD249 ten print fingerprint card.
b)
Submit CI applicant fingerprint cards to the
Criminalistics Squad for processing.
ICOs who cannot roll legible fingerprints will respond to the
Criminalistics Squad with CI applicants for fingerprinting.
1)
The Criminalistics Squad operates 0800-1600 and 20000400 hours, seven days a week.
a)
2)
When requested, Criminalistics Squad personnel will take
fingerprints of CI applicants and send them to the proper
agencies for identification.
a)
f.
On the BCI and FD-249 fingerprint cards, in the space
requiring a charge, the Criminalistics Squad will insert
the term "Criminal Inquiry."
Use CIs on a provisional basis while awaiting confirmation of
identification from the Criminalistics Squad.
1)
g.
Contact the Criminal Investigation Section
Commander for fingerprinting CIs in cases of extreme
sensitivity.
The Criminalistics Squad will contact ICOs for transporting
returned, completed fingerprint cards for placement into the
CI master file at the Intelligence Section.
On the Form 277, in the CI reliability section on the back of the
form, include the reason for the person becoming a CI, with the
initial debriefing.
Rev. 2/98, Replaces 9/95
8
12.131
2.
Form 277A, Controlling District/Section/Unit Debriefing Report .
a.
3.
4.
5.
Record entries on the Form 277A after every significant contact
with a CI.
1)
Sign and date each entry.
2)
Make changes to the CI’s personal profile when needed.
3)
Complete whenever CIs are paid.
4)
Deliver updated Forms 277A to the Intelligence Section.
Form 278, Cooperating Individual Agreement, and Form 280,
Cooperating Individual Release of All Claims.
a.
ICOs will ensure CIs understand and sign the Form 278 and
Form 280.
b.
ISOs or immediate supervisors will witness the signing of the
Form 278 and Form 280.
Forms 279A and 279B, Confidential Informant Receipts Parts I and II.
a.
Conform with Procedure 12.620, Criminal Pursuit Fund, when
disbursing funds to CIs.
b.
When providing funds to CIs, the ICO will complete Form 279A
and 279B.
1)
Include the CI number on both portions of the receipt.
2)
A brief statement on the Form 279A will include what
service the CI gave.
3)
The CI will sign the Form 279A using his real name.
4)
Immediate supervisors will review and approve all
payments to CIs.
5)
Keep completed Form 279B receipts and a copy of the
Form 277A at the control unit.
6)
Attach the Form 279A to the original Form 277A and
forward to the Intelligence Section.
Concealed Transmitter and Recording Consent (Form 281).
a.
Complete a Form 281 before using transmitter/recording devices
on any person other than a police officer.
Rev. 2/98, Replaces 9/95
9
12.131
6.
Photographing CIs.
a.
b.
J.
1)
Deliver one to the Intelligence Section with the initial Form
277.
2)
Keep the other photograph at the control unit. Only the
code name or number should identify the photograph.
Juveniles are not photographed by police for use as CIs. A
picture furnished by a parent or guardian would be permitted. If
the juvenile has been arrested for a crime, ORC 2151.313 must
be followed.
Delivery of Confidential Informant Forms, Documents, and Photographs:
1.
After supervisory review and approval, immediately hand deliver all
completed CI forms, documents, and photographs to the Intelligence
Section.
a.
K.
Take two photographs of all adult CIs. Take new photographs
when their appearance changes significantly.
After receiving the completed and approved forms/documents,
the Intelligence Section will issue CI numbers to control units.
Once issued, this number will remain with the CI throughout their
use and will never be issued again.
1)
Record the CI number on all future forms, documents, or
pictures instead of the CI's actual name.
2)
Record the CI number on the Criminal Pursuit Fund
Expense Report (Form 680) instead of the CI's actual
name.
Control Unit Records on Confidential Informants:
1.
Control units will maintain the following:
a.
CI code books with:
1)
The CI code number issued by the Intelligence Section.
2)
The name of ICO and ISO.
3)
The date of establishment.
4)
The nickname or code name of the CI used by the
controlling unit.
b.
Updated copies of Forms 277A using only the CI code number
and code name as identity.
c.
Completed Forms 279B.
Rev. 2/98, Replaces 9/95
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12.131
d.
2.
L.
A current photograph of adult CIs.
After inactivation of a CI, control units will forward all records to the
Intelligence Section where the master file is kept. A new sign up is
required before use of an inactive CI.
Controlled Purchases Using Confidential Informants:
1.
Get permission from an immediate supervisor before making
controlled purchases.
2.
When possible, use CIs to introduce police officers to make
purchases.
3.
Use a concealed body transmitting device and/or recording devices
on CIs whenever possible.
a.
4.
5.
Never destroy recordings before the conclusion of court
proceedings, including appeals.
Search all CIs before and after conducting a controlled purchase of
drugs.
a.
The Strip Search Law (ORC 2933.32) does not apply to the
voluntary search of CIs.
b.
Tell an immediate supervisor whenever a strip search of a CI
occurs.
c.
Male officers will search male CIs, female officers will search
female CIs.
Currency used in controlled purchases.
a.
Make an enlarged photocopy and record serial numbers.
b.
Two officers will witness buy money given to CIs.
6.
When possible, use two or more officers for surveillance of CIs during
controlled purchases.
7.
File appropriate criminal charges on CIs fleeing or trying to flee with
funds or proceeds of controlled purchases.
a.
Notify the Investigations Bureau Commander on a Form 17
when CIs flee with funds or proceeds. Hand-deliver the Form 17
through the appropriate chain of command.
1)
Include the report in the CIs file after the Investigations
Bureau Commander reviews the incident and recommends
action.
Rev. 2/98, Replaces 9/95
11
12.131
M.
Search Warrants Based on Confidential Informant Supplied Information:
1.
Confirm information supplied by CIs used in the drafting of search
warrants.
a.
Officers acting as affiants must see the exact location, for
example, house, apartment, floor and door, where correct entry
will be made for the service of all search warrants.
b.
Supervisors will confirm officers have personal knowledge
before approving plans for the service of search warrants.
c.
Affiants and their supervisors must direct and control others that
help with the service of search warrants.
1)
When necessary, affiant officers will show exact entry
locations to other units that help with initial entries, e.g.,
SWAT, uniformed units, other agencies.
2)
For more information, review Procedure 12.700, Securing
and Service of Search Warrants.
Rev. 2/98, Replaces 9/95
12
12.135
12.135 REPORTING FALSE ALARMS ON A FORM 315
References:
Chapter 807, Cincinnati Municipal Code: Alarm Businesses and Alarm Systems
City of Cincinnati Ordinance 108-5
City of Cincinnati Ordinance 448-1986
City of Cincinnati Ordinance 0147-2003
City of Cincinnati Ordinance 0256-2003
Purpose:
Establish Form 315, Alarm Response Report, as the uniform method for
documenting a false holdup, burglar, audible, or panic alarm.
Improve the effectiveness of alarm systems.
Reduce the number of false alarms.
Document false alarms resulting from defective alarm equipment and/or
subscriber negligence.
Provide information for determining fees.
Policy:
Department personnel will respond to and investigate all audible, burglar, holdup,
and panic alarms. Officers will exercise due caution when investigating these
alarms and shall continue to do so until the alarm is proven to be false or, prior to
an officer’s arrival, the alarm is cancelled by the alarm company through Police
Communications Section (PCS).
The Department may impose fees for multiple false alarms from the same user
pursuant to Cincinnati Municipal Code, section 807.
Procedure:
A.
Form 315, Alarm Response Report:
1.
A Form 315 will be completed for the following false alarms:
a.
Signal 6: holdup alarm
b.
Signal 66: direct line holdup alarm
c.
Signal 7: burglar alarm
d.
Signal 77: recorded burglar alarm
e.
Robbery Apprehension Program (RAP) alarm
Rev. 01/13/09, Replaces 06/03/08
1
12.135
1)
f.
Audible alarm on structures
g.
Panic alarm
h.
Panic alarm from vehicles
1)
2.
These include audible or silent duress alarms activated by
a vehicle occupant and transmitted to an alarm company.
They do not include audible alarms indicating vehicle
tampering or break-in.
Do not complete Form 315 for:
a.
Offenses that will be documented on a Cincinnati Police
Department Incident Report.
b.
An alarm activated by an officer during the investigation of a
Place Found Open (PFO) (see Section B.).
c.
A false fire box alarm.
d.
An audible tampering alarm from a vehicle.
e.
False alarms cancelled by the alarm company through PCS,
prior to police arrival.
1)
3.
In addition to completing a Form 315, the investigating
officer will immediately contact the Criminal Investigation
Section desk with the false RAP alarm information.
Personnel should record the disregard on their Form 436A
Daily Activity Record
Preparing a Form 315:
a.
The following information is mandated by the City’s alarm
ordinance. PRINT all information neatly and accurately. Form
315 is reference material for alarm appeal hearings and
municipal court.
1)
DATE - Date of dispatch.
2)
TIME - Time of dispatch.
3)
DISTRICT/BEAT - Location where the alarm occurred.
4)
NAME - Record the full name of the business or resident
subscriber.
5)
REGISTRATION NUMBER - is provided by the alarm
company of the registered alarm user, in the text of the
radio run. If no registration number is provided, enter
"NONE" in the box.
Rev. 01/13/09, Replaces 06/03/08
2
12.135
6)
ADDRESS - Be specific. Include the zip code to allow for
proper billing of the subscriber.
7)
APARTMENT, BUILDING, ETC. - In addition to the street
address, include the apartment number, building number,
etc.
8)
ALARM LOCATION - Record, if known, the exact location
of the alarm (i.e. front door, 1st floor rear window, etc.).
9)
SIGNAL - Record the proper signal for the type of alarm.
(Refer to Section A.1.a through g.)
10) RESIDENTIAL, BUSINESS, OTHER - check the
appropriate box for the type of premise.
11) ALARM COMPANY - Record only if known (e.g.,
information from PCS, owner or company representative).
12) ALARM COMPANY RESPONDED - Check the appropriate
block.
a)
If an alarm company representative responds while
the police are at the scene, record the name of the
individual.
13) OWNER/REPRESENTATIVE NOTIFIED - On alarms
where an owner/representative is notified while the police
are present, record the individual's name and obtain their
signature. The False Alarm Reduction Unit (FARU) will
mail the yellow copy of the Form 315 to the registered
alarm user along with a letter of notification.
a)
If unable to obtain a signature from the
owner/representative, process Form 315 as described
in A.4.a. No further attempt to obtain a signature is
required.
14) OFFICER NAME, BADGE NUMBER - Enter the notifying
officer’s name and badge number. (PRINT)
15) ABLE TO SEARCH PREMISES - Check the appropriate
block describing the extent of the search.
16) K-9 - Note the involvement of a canine team, if applicable.
17) CAUSE - This is the reporting officer's judgment, based
upon known facts and observations while at the scene.
Use additional comments if needed.
18) WEATHER - Check the appropriate block based upon the
officer's observations at the time of dispatch and arrival.
Rev. 01/13/09, Replaces 06/03/08
3
12.135
19) OTHER COMMENTS - This space is available for any
relevant information. For example, the reporting officer
may note an area-wide power outage at the time of the
alarm. Report any information which will help the
subscriber improve the alarm system. Use the back of the
form if necessary.
20) REPORTING OFFICER - Provide the name, rank, and
badge number of the reporting officer. This officer need not
be the officer dispatched or first at the scene. However,
the reporting officer must have been on the scene during
the alarm investigation.
21) SUPERVISOR - The reviewing supervisor will check the
form for completeness and accuracy, then sign his name,
rank, and badge number.
NOTE: Under Cincinnati Municipal Code, Section 807-11,
alarm users are responsible for multiple false alarms sent
by alarm systems on premises under their control.
If alarm users have problems with their alarm system, they
should contact their alarm company representative
immediately. Failure to correct the problem can lead to the
assessment of administrative fees. The paragraphs above
are printed on back of Form 315 and should be noted to
alarm users.
4.
Routing Form 315:
a.
Using interdepartmental mail, the collator will forward the white
and yellow copies of the completed Form 315 to the False Alarm
Unit, in care of the Law Department daily.
b.
The False Alarm Unit of the Law Department will:
1)
Review each Form 315 for completeness and accuracy.
2)
Compare the report with the PCS computerized summary
of alarms.
a)
If a Form 315 is not received, notify the affected unit
commander.
1]
The unit commander will take the necessary
action to ensure the False Alarm Unit of the Law
Department receives the required Form 315.
3)
Correct the Form 315 as necessary.
4)
Enter the Form 315 into the computerized file.
Rev. 01/13/09, Replaces 06/03/08
4
12.135
5)
B.
Charge alarm users for false alarms as authorized in City
Ordinance 448-1986. The yellow copy of the Form 315 will
be mailed with the invoice.
Burglar Alarms Activated by Officers Checking a Place Found Open:
1.
Do not complete Form 315.
2.
Complete a Form 317 titled, ”Place Found Open”.
a.
In the section titled "Action Taken," state the investigating officer
activated the alarm while searching the premises.
3.
Submit the completed Form 317 for supervisory approval.
4.
Supervisor will route the completed Form 317 to the collator for
submission to Records Section.
5.
This alarm activation will not be counted against the alarm user.
Rev. 01/13/09, Replaces 06/03/08
5
12.140
12.140 CANINE OPERATIONS
Reference:
Procedure 12.141 - Narcotic Detection Canines
Procedure 12.545 - Use of Force
Procedure 12.905 - Fingerprinting and Photographing of Juveniles
Procedure 19.105 - Sick/Injured With Pay & Special Leaves
Definitions:
Original documents – photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Purpose:
To familiarize Department personnel with canine operating procedure and policy
that incorporate the handler-controlled alert curriculum and to ensure the best
use of canine teams. This curriculum is implemented to prevent, through canine
training and handler control over the canines, any bite except for those occurring
under the circumstances specified in section A.3.e. below.
Educate supervisors on the appropriate uses of canine teams to ensure effective
utilization and management in deployment situations.
Policy:
The primary use for Department canine teams is as a finding tool. Once a
suspect is located, with limited exceptions, the handler will restrain the canine
and summon sufficient personnel and equipment to make the apprehension.
Force, including a canine, is never to be used against a compliant subject who is
submitting to arrest.
Off-leash deployments, searches, and other instances where there is a
significant risk of a canine bite to a suspect shall be limited to searches of
commercial buildings or instances where the suspect is wanted for an offense of
violence or is reasonably believed to have a weapon.
Patrol canine teams are normally assigned to such tasks and areas as directed
by the Special Services Section Commander. Handlers will maintain control of
the canine and be diligent to ensure the safety of the general public.
Except for training purposes, no teasing, petting, or feeding of the canines by
police or civilian personnel is permitted without the handler’s consent.
Revised 05/05/09, Replaces 07/01/08
1
12.140
Information:
The Cincinnati Police Department utilizes three types of canine teams:
•
•
•
Patrol
Explosives Detection
Narcotic (Drug) Detection
Police canines are not infallible. Their effectiveness depends largely upon the
intelligent application of their capabilities. Police canines react instinctively to
situations. Anyone making a sudden or threatening move toward the canine or
handler risks the chance of the canine engaging and causing injury.
Do not enter a search area before the canine team arrives. Police canines can
pick up the scent of a suspect for a reasonable time after he has fled provided
there is no contamination of the scene.
Canine teams will normally respond to all major crimes where their presence
would aid in an arrest.
Canine teams are assigned to the Park Unit and are normally available 24 hours
a day. In cases of emergency, when no canine teams are on-duty, a canine team
may be recalled through Police Communications Section (PCS). PCS will recall
canine teams using a specific rotation schedule.
District commanders may request canine teams for special or extended
assignments through the Special Services Section Commander.
Procedure:
A.
Use of the Patrol Canine:
1.
An on-duty Canine Squad supervisor must authorize a canine
deployment (canine released from the car or announcement made
that canine will soon be released). The supervisor in charge of the
scene will make the decision to deploy a canine team if an on-duty
Canine Squad supervisor is unavailable.
a.
The supervisor must respond to the scene.
b.
The supervisor must consider all three of the following criteria,
and ensure at least one of them is met, before authorizing an offleash canine deployment:
1)
Search of a commercial building;
2)
Suspect is wanted for a crime of violence; or
3)
Supervisor reasonably believes that suspect has a weapon.
Revised 05/05/09, Replaces 07/01/08
2
12.140
2.
Canine teams may be requested to the scene by any unit believing
canine assistance will be helpful. A supervisor (as defined above in
A.1.) must authorize the actual deployment of the canine. The
approving supervisor shall not serve as a canine handler in the
deployment.
3.
The canine handler will:
a.
Ensure the canine is secure in the police vehicle except when
directly involved in a police function or the handler anticipates
imminent use.
b.
Canines will be kept on lead in areas where the public has
access and contact is a probability, unless the animal is being
used for a police purpose (see section A.1.b. above for off leash
deployment requirements).
c.
Recommend to the on-scene supervisor the best tactical
application and deployment of the canine.
d.
If the handler’s Standard Operating Procedures (SOPs) and the
on-scene supervisor’s interpretation of the best tactical
application and deployment of the canine conflict, the on-scene
supervisor will contact the Canine Squad supervisor. If the
Canine Squad supervisor is not available, contact the following
personnel in order:
1)
Park Unit supervisor.
2)
Park Unit Commander.
3)
Special Services Section Commander.
e.
Canine handlers will only allow their canines to engage a
suspect by biting if the suspect poses a risk of imminent danger
to the handler or others or is actively resisting or escaping. In the
case of concealment, consistent with the use of force policy,
handlers will not allow their canine to engage a suspect by biting
if a lower level of force could reasonably be expected to control
the suspect or allow for the apprehension. Imminent danger
means a suspect is armed with a weapon or other instrument
capable of producing significant bodily injury.
f.
In instances where a canine apprehends a suspect by biting, the
handler will call the canine off at the first moment the canine can
be safely released, taking into account that the average person
will struggle if seized or confronted by a canine. Struggling alone
will not preclude the release of the canine.
Revised 05/05/09, Replaces 07/01/08
3
12.140
4.
Tracking:
a.
B.
C.
All tracking is done with the canine on leash. A canine team may
be used to conduct a track if the suspect is wanted for a felony, a
crime of violence, or is reasonably believed to be armed.
Whenever a canine team is deployed for the purpose of
performing a track, the handler will announce loudly and clearly
that a canine will be deployed and that anyone approached by
the canine should surrender and remain still. The
announcement will be made unless the supervisor authorizing
the deployment reasonably believes that the suspect is armed
and the verbal warnings will cause unnecessary danger to the
officer or others. If an announcement is made, the canine
handler shall wait a sufficient period of time between the
announcement and the canine deployment to allow the suspect
to surrender.
Tracking Guidelines
1.
No one will follow the canine team on the track unless directed by a
supervisor.
2.
Canines will not search for other animals.
3.
In extreme cases, canine teams may search for lost or missing
persons. Before authorizing the use of a canine team, the supervisor
must weigh the urgency of locating the person with the risk of the
person being engaged by the canine.
Building Searches
1.
A canine team may be used to conduct a search of a commercial
building. Whenever a canine team is deployed for the purpose of
performing a commercial building search, the handler will announce
loudly and clearly that a canine will be deployed and that anyone
approached by the canine should surrender and remain still. The
canine handler issuing the announcement shall wait a sufficient period
of time between the announcement and the canine deployment to
allow the suspect to surrender. If the building is large, the handler will
repeat the announcement loudly and clearly as the search proceeds
onto different floors or parts of the building where the initial
announcement may not have been heard.
a.
If a breaking & entering offense is discovered at a school,
officers will investigate the nature and extent of the offense
before requesting a canine unit. Many breaking & entering
offenses at schools involve juveniles who engage in petty theft
and/or vandalism. Conversely, some breaking & entering
offenses occurring at schools are committed by adults intent on
significant theft, such as computers and other valuable
equipment.
Revised 05/05/09, Replaces 07/01/08
4
12.140
b.
1)
Officers at the scene of a school-related breaking &
entering offense will investigate to determine if the offense
appears to be primarily theft-related or primarily vandalismrelated.
2)
Canine units will not be used to conduct a building search
for vandalism-based breaking & entering offenses at
schools. If reasonable suspicion exists that the offense is
primarily theft-related, the canine unit may be used to
conduct a building search, under the building search
guidelines above.
3)
If no reasonable suspicion exists to indicate whether a
breaking & entering offense at a school is primarily theftrelated or primarily vandalism-related, then canine units will
not be used to conduct a building search.
Canine units will not be used to search a residence except in
extraordinary circumstances.
1)
c.
D.
The risk of innocent persons and pets being mistakenly
engaged in a residence by the canine is too great.
Canine units will not be used to conduct a building search on a
Place Found Open (PFO) unless reasonable suspicion of a
breaking & entering offense is present. If so, a canine team may
be used under the building search guidelines above.
Article Searches
1.
Canine teams can locate articles by alerting to the residual human
scent adhering to the article.
2.
Canine teams dispatched for evidence or property searches at a crime
scene or incident will:
a.
Meet with the on-scene supervisor regarding the property
sought.
b.
Announce loudly and clearly that a canine will be deployed and
that anyone approached by the canine should surrender and
remain still. The canine handler shall wait a sufficient period of
time between the announcement and the canine deployment to
allow anyone on the scene to surrender.
c.
Refrain from using the canine to search for evidence in areas
that present a danger to the team, including drug searches when
chances of the canine ingesting or inhaling narcotics are high.
Revised 05/05/09, Replaces 07/01/08
5
12.140
E.
Canine Bites
1.
Whenever a canine-related injury occurs, immediately render first aid
to the injured person and summon medical assistance from the
Cincinnati Fire Department (CFD). Further medical attention will be
handled by being transported to a hospital.
a.
2.
3.
The handler will complete a Form 316, Minor Accident/Aided
Case/Mental Health Response Report, in all cases of injury from
canines.
In the following order, the supervisor who authorized the deployment
will notify one of the following supervisors, who will assume
responsibility for the investigation:
a.
The on-duty Canine Squad supervisor (if not involved in the
deployment order);
b.
The on-duty Park Unit supervisor; or
c.
If the Canine Squad or Park Unit supervisor is not available, the
on-scene supervisor will then become the investigating
supervisor. If the on-scene supervisor ordered the deployment,
then another on duty supervisor will be responsible for the
investigation.
The investigating supervisor will thoroughly investigate and document
the incident.
a.
b.
While still on the scene, notify a command officer using the
following order:
1)
Special Services Section Commander.
2)
District Commander.
3)
Night Chief, if during the night hours.
4)
Duty officer.
Photograph the injuries.
1)
If photographs of juveniles are taken, the supervisor will
follow Procedure 12.905, Fingerprinting and Photographing
of Juveniles.
2)
Ensure a full body photograph of the arrested is taken
along with pictures of the injury.
Revised 05/05/09, Replaces 07/01/08
6
12.140
c.
d.
e.
Tape record statements from:
1)
Arrestee.
2)
Handler.
3)
All witnesses who observed the apprehension.
Complete a Form 652, Release of Medical Record Information.
1)
If the arrested refuses to sign the release, write "Refused"
in the signature block.
2)
The original is to be retained by the investigating supervisor
and is to be forwarded through channels in the Use of
Force case jacket in case there is a future need to obtain
medical records.
Interview the treating physician about the extent of the injuries.
1)
If the physician approves, tape record the interview.
2)
If the arrested is not treated before the end of the
investigating supervisor's tour of duty, note "arrested still
undergoing treatment" on the Form 18C.
f.
Prepare a Form 18C according to Procedure 12.545, Use of
Force.
g.
A separate Form 18C should be completed when two or more
persons are bitten during the same incident. Each Form 18C
should be documented with sequential ETS case numbers.
Example 2008-102767.1 and 2008-102767.2
h.
The investigating supervisor will work-flow the completed Form
18C and all computer attachments, as well as forward all original
forms, photos, tapes and copies of applicable MVR/DVRs to the
Special Services Section Commander for review.
1)
i.
When work-flowing the Form 18C and attachments
“Add Notification” to the following units:
a)
Patrol Bureau.
b)
Inspections Section.
If the Form 18C is not complete and the investigating supervisor
needs to retain the document to complete their investigation,
they should work-flow the document to themselves while still
notifying the above listed units by the “Add Notification” function.
Do not use the “Add Recipient” function.
Revised 05/05/09, Replaces 07/01/08
7
12.140
F.
G.
Use of Canine Teams Outside City Limits
1.
The intended use of the canine team must adhere to Cincinnati Police
Department guidelines.
2.
Approval must be by a CPD captain or higher.
a.
If a captain or higher is not available, a Special Services Section
supervisor may give authorization.
b.
If a captain or higher or a Special Services Section supervisor is
not available, obtain approval from the OIC of the nearest
district.
3.
The OIC, before giving approval, will check with PCS to ensure the
requesting agency is on the mutual-aid agreement list.
4.
Statutory limitations prohibit out of state requests for service.
Reporting
1.
In addition to maintaining a complete list of canine bites, the Canine
Squad will also document canine deployments and canine
apprehensions (whenever a canine is deployed and plays a clear and
documented role in the capture of a person).
2.
On a monthly basis, the Canine Squad will calculate bite ratios (the
number of bites divided by apprehensions) by Squad and by individual
canine teams.
Revised 05/05/09, Replaces 07/01/08
8
12.141
12.141 NARCOTIC DETECTION CANINES
Reference:
Procedure 12.140, Canine Operations
Procedure 12.545, Use of Force
U.S. Supreme Court Decision, Illinois v. Caballes
U.S. Supreme Court Decision, U.S. v. Ross
Policy:
Narcotic detection canines are extremely effective when used within the
boundaries set by the courts.
Obtain a search warrant or consent to search before using narcotic detection
canines to sniff areas where defendants have the right to privacy; e.g., homes,
places of residence.
An officer does not need reasonable suspicion for a dog to sniff the outside of an
automobile during a traffic stop. However, a traffic stop can become unlawful if
the officer prolongs the stop beyond the time reasonably required to issue a
traffic citation.
When specific, articulable facts cause an officer to suspect illegal drug activity
has occurred, is occurring, or is about to occur, then the car and occupants can
be detained so that a narcotic detection canine can sniff the outside of the car. If
the canine alerts to contraband inside the car, probable cause now exists to
search the passenger area of the car and any containers within the passenger
area without a search warrant. If the canine alerts to contraband in the trunk, the
trunk and any containers within the trunk may be searched without a search
warrant.
A narcotic detection canine may sniff an area to gain probable cause for
obtaining search warrants for private property in public places; e.g., lockers in
bus terminals and schools (with permission of person in charge).
Narcotic detection canines are not infallible. Their effectiveness depends on the
intelligent use of their capabilities by department personnel. Handlers will
maintain control of the canine and be diligent to ensure the safety of the general
public.
Rev. 04/17/07, Replaces 6/99
1
12.141
Procedure:
A.
Use of Narcotic Detection Canines
1.
Narcotic detection canines and handlers are assigned to Central Vice
Control Section (CVCS) and are normally available from 1100 to 0300
hours. If Cincinnati Police Department narcotic detection canines are
not available, request the use of RENU narcotic detection canines.
2.
Cincinnati Police Department narcotic detection canines will be
primary responders. The canines are to be utilized to develop
probable cause in compliance with search and seizure standards.
The canine handlers will provide information for best application of the
canine.
a.
3.
Only assigned handlers will conduct searches with narcotic detection
canines.
a.
4.
The handler is responsible for the safe and effective use of the
narcotic detection canine.
Narcotic detection canines can detect the following substances:
a.
b.
c.
d.
e.
f.
g.
B.
When a narcotic detection team is not working, PCS will contact
a CVCS supervisor for recall of a narcotic detection canine team.
Cocaine/Crack
Heroin
Hashish
Marijuana
Opium
Methamphetamine
Ecstacy
Building Searches
1.
Secure the search area.
a.
2.
All officers will remain out of the area to be searched until
notified by the canine handler the search is completed.
Remove all persons and animals from the search area.
a.
If unable to remove persons/animals, place them in one
restricted area.
Rev. 04/17/07, Replaces 6/99
2
12.141
C.
3.
Do not follow or get close to the canine when he is working unless
requested by the handler.
4.
Advise the handler of anything that could injure the canine; e.g.,
needles, broken glass, drugs in plain view, etc.
5.
Keep noise to a minimum when the canine is searching.
Persons Injured by Narcotic Detection Canines
1.
A supervisor will complete necessary reports in accordance with
Procedure 12.140.
2.
A RENU supervisor will report canine bites involving Cincinnati Police
Department narcotic detection canines assigned to RENU on a Form
18C, Use of Canine. If a RENU supervisor is unavailable, a shift
supervisor will complete the report.
3.
A police supervisor will complete a Form 91SP, Supervisory
Investigation of Employee Injury, in addition to a Form 316, if a Police
Department employee is injured by a narcotics detection canine.
a.
D.
If the police officer's supervisor is unavailable, a supervisor from
the district where the injury occurred will complete the report.
Prohibited Use
1.
Do not use narcotic detection canines to search people.
2.
A narcotic detection canine's reaction on finding narcotics is normally
aggressive. Therefore, do not engage narcotic detection canines in
covert or undercover searches.
3.
Narcotic detection canines are trained to interact and communicate
exclusively with their handlers.
a.
Police personnel are not to tease, pet, feed, or interact with
these canines, since these actions can reduce their
effectiveness.
Rev. 04/17/07, Replaces 6/99
3
12.141
E.
Reports
1.
Handlers of department owned canines will maintain a continuous
record of all instances of narcotic detection canine usage.
a.
RENU will maintain all records concerning RENU owned
canines.
Rev. 04/17/07, Replaces 6/99
4
12.142
12.142 MOUNTED SQUAD
References:
Procedure 12.020 - Uniforms, Related Equipment, and Personal Grooming
Procedure 12.035 - Reporting Police Vehicular Accidents and Damage
Procedure 19.105 - Sick/Injured with Pay and Special Leaves
Purpose:
Familiarize Department personnel with the functions and capabilities of the
Mounted Squad.
General Information:
The effectiveness of the mounted unit depends upon intelligent use of its
capabilities. The Mounted Squad supervisor or officer will decide which services
the horse and rider are capable of providing.
Mounted units are extremely mobile. They quickly cover terrain which hinders
vehicles or foot officers (e.g., housing projects, heavily congested areas, parks,
woods, etc.).
Mounted units can provide all patrol functions except transporting personnel or
prisoners. Only in emergency situations will the mounted officer leave the horse
unattended.
Procedure:
A.
Mounted Squad Uses:
1.
Foot pursuit situations
2.
Provide increased police presence in high crime areas
3.
Search for missing persons, suspects, or physical evidence in large or
wooded areas
4.
Crowd control situations
a.
5.
Respond to spontaneous incidents anywhere in the city. Response
time is approximately 45 minutes depending upon available personnel
and transportation.
a.
6.
A district supervisor may request a mounted unit respond to the
scene of a crowd. Often the presence of a mounted unit can
prevent an escalation of the situation.
Mounted units will not respond outside the city limits except at
the direction of a police captain or above.
Respond to incidents occurring in their assigned areas
Rev. 2/97, Replaces 10/92
1
12.142
B.
Requests for Mounted Squad Response:
1.
Request mounted units through Police Communications Section
(PCS) for situations outlined in Section A. PCS will notify the
Mounted Squad or Park Unit supervisor.
2.
Submit a Form 17 through channels to the Support Bureau
Commander for planned events or when expecting large crowds.
C. Personal Injury/Property Damage by Police Horses:
1.
If injury involves a Department employee, refer to Procedure 19.105,
Section E.
2.
If property damage is Department property, refer to Procedure
12.020, Section G.
3.
If injury/damage is to other than Department personnel/property, refer
to Procedure 12.035, Section C.
Rev. 2/97, Replaces 10/92
2
12.143
12.143 EXPLOSIVE ORDNANCE DETECTION CANINE
OPERATIONS
Reference:
Procedure 12.300 – Investigation of Bombs and Bomb Threats, Disposal of
Dangerous War Souvenirs and Explosives
Purpose:
Familiarize Department personnel with Explosive Ordnance Detection (EOD)
canines operating policies and procedures.
Policy:
EOD canines are assigned to tasks and areas by the Tactical Planning Unit
Commander. However, the Department may use them for any situation requiring
police action where their use will further the police mission. Handlers will
maintain control of the canine to ensure the safety of the public.
The handler will ensure the dog is secure in the police vehicle except when
directly involved in a police function or the handler anticipates imminent use.
Canines will be kept on a lead in areas where the public has access and contact
is probable, unless the animal is being used for a police purpose.
Information:
EOD canines are not infallible. Their effectiveness depends largely upon the
intelligent application of their capabilities. EOD canines can be used to augment
a search by detecting the odor of the most common explosive substances.
EOD canine teams should be utilized for:
•
•
•
Investigating suspicious packages and bomb threats.
Identifying possible secondary devices, if an explosive device has been
located.
Sweeping the staging areas of critical incidents or incidents with the
potential to be a terrorist incident for suspicious packages and possible
secondary devices.
Except for training purposes, no teasing, petting, or feeding of the canines by
police or civilian personnel is permitted without consent of the handler.
EOD canine teams are assigned to the Tactical Planning Unit and normally work
Monday through Friday, 0800-1600 hours. They are available to be recalled 24
hours a day via Police Communications Section.
Rev. 02/13/07, Replaces 08/31/04
1
12.143
District commanders may request EOD canine teams for special or extended
assignments through the Tactical Planning Unit Commander.
Procedure:
A.
B.
Use of the EOD Canine
1.
The on-scene supervisor will make the decision to request an EOD
canine team and will organize a search of the premises according to
Procedure 12.300, Section A.4.
2.
The EOD canine handler will recommend the best tactical application
and deployment of the canine to the on-scene supervisor.
a.
Since the EOD canine is used for a specific purpose, a clear
understanding of how to properly use the canine is very
important.
b.
EOD canine handlers will determine the method and duration of
EOD canine deployment.
c.
If the handler’s Standard Operating Procedure and the on-scene
supervisor’s interpretation of the best tactical application and
deployment of the canine conflict, the on-scene supervisor will
contact a Tactical Planning Unit supervisor.
Accidental Bites
1.
First response is to render immediate first aid to the injured person
and call for additional medical assistance, if necessary.
a.
2.
The handler will complete a Form 316, Minor Accident/Aided
Case/Mental Health Response Report, in all cases of injury from
canines. For instances involving police officers or other City
employees see Section B.2.b.
The on-scene supervisor will notify an on-duty Tactical Planning Unit
supervisor.
a.
If an on-duty Tactical Planning Unit supervisor is not available,
the incident will be investigated by a supervisor in the district of
occurrence.
b.
The supervisor will complete a Form 91SP, Supervisory
Investigation of Employee Injury, in instances involving police
officers or other City employees.
Rev. 02/13/07, Replaces 08/31/04
2
12.143
c.
C.
1)
Tactical Planning Unit supervisor.
2)
Planning Section Commander.
3)
Night Chief, if during night hours.
4)
Duty officer.
Use of EOD Canine Teams Outside City Limits
1.
The intended use of EOD canines must follow guidelines listed in the
Procedure Manual and the Manual of Rules and Regulations and
Disciplinary Process.
2.
Approval must be given by a Department captain or above.
3.
D.
While still on the scene, notify one of the following in this order:
a.
If a captain or above is not available, a Tactical Planning Unit
supervisor may give authorization.
b.
If a captain or above or a Tactical Planning Unit supervisor is not
available, obtain approval from the OIC of the nearest district.
EOD canines may be used on request in the following counties:
Kentucky: Campbell, Kenton, and Boone; Indiana: Dearborn; and
Ohio: Butler, Clermont, Hamilton, and Warren.
EOD Canine Officer Uniforms
1.
EOD canine officers will wear the uniform of the day while attending
court or involved in any extension of police service detail not utilizing
their EOD canine.
2.
EOD canine officers will wear the dark blue, tactical-type uniform
pants and shirt whenever the officer is performing a search or training.
Rev. 02/13/07, Replaces 08/31/04
3
12.146
12.146 MARINE PATROL: WATERWAY ENFORCEMENT
AND EMERGENCIES ON THE OHIO RIVER
References:
Cincinnati Municipal Code Chapter 411 - Wharves and Public Landing
Procedure 12.020 - Uniforms, Related Equipment, and Personal Grooming
Procedure 12.035 - Reporting Police Vehicular Accidents and Damage
Procedure 12.145 - Critical Incident Response Plan
Manual of Rules and Regulations - 7.01, 7.02, 7.03, 7.04, 7.05, 7.06, 8.03
Ohio Administrative Code 1501.47- Division of Watercraft
Ohio Revised Code Chapter 1547 - Watercraft and Waterways
Ohio Revised Code Chapter 1548 - Watercraft Certificates of Title
Ohio Revisedth Code Chapter 1901.027 - Ohio River Jurisdiction
SB284 - 119 Ohio General Assembly
Ohio v. Kentucky, 471 U.S. 153 (1985)
Purpose:
Provide uniform guidelines for Department personnel when investigating marine
emergencies on the Ohio River or other waterways.
Provide guidelines for the use, care, and maintenance of the Marine Patrol
vessel and equipment.
Policy:
The primary responsibility of the Marine Patrol is to provide security patrols of
waterway infrastructures designated as Buffer Zone Protection Plan (BZPP) sites
during elevated Maritime Security (MARSEC) levels and Homeland Security
threat levels.
A secondary responsibility of the Marine Patrol will include navigating and when
necessary, enforcing waterway laws on the Ohio River within the City of
Cincinnati’s river boundaries. Marine Patrol operators may navigate outside the
specified boundaries if exigent circumstances exist, i.e.:
•
A Priority 1, Priority 2, or Priority 3 incident.
•
During elevated (MARSEC) levels or Homeland Security threat levels.
•
At the request for assistance from a law enforcement vessel operating on
the river.
•
At the direction of the Tactical Planning Unit OIC.
•
At the direction of the district commander.
•
Emergencies outlined in Section A. 5. h. 2).
Revised 05/22/07, Replaces 12/95
1
12.146
Only qualified personnel will operate the vessel. When not operating under
elevated Maritime Security levels or Homeland Security threat levels, a minimum
of two qualified personnel must be on board the vessel before being placed in
operation on a waterway.
Whenever the vessel is underway, all persons on board the vessel will wear an
approved United States Coast Guard (USCG) personal flotation device (PFD).
During routine river patrol and marine emergencies, Marine Patrol operators will
report to the affected district/section/unit officer in charge (OIC).
During elevated MARSEC levels or Homeland Security threat levels, Marine
Patrol operators will report to the Tactical Planning Unit OIC.
Information:
The Cincinnati Police Communications Section (PCS) is the central agency for
initiating emergency notifications of agencies affected by marine disasters or
potential marine disasters with the possibility of loss of life, in an area
encompassing a 35-mile stretch. This area, beginning just east of the I-275
Bridge on the east side of Hamilton County and extending to the Ohio-Indiana
border on the west, includes the Licking and Great Miami Rivers. Twenty-three
different police agencies from Ohio and Kentucky are included in this area.
The Cincinnati Police Department operates a 23’ SeaArk Marine Patrol Boat
(vessel). When in tow, the vessel has a clearance height of 13’5” and cannot be
operated under certain overpasses, i.e., 6300 Madison Road and the 300-400
block of Collins Avenue. All overpasses under 14’ display placards indicating
clearance height.
The Marine Patrol vessel is assigned to the Tactical Planning Unit and can be
recalled 24 hours a day via PCS. Marine Patrol operators can deploy to the
scene of an incident within two hours of being recalled. Tactical Planning Unit
and PCS maintain a current list of qualified personnel permitted to operate the
vessel.
Upon request, the Marine Patrol will provide assistance to jurisdictions with
mutual aid agreements or under Homeland Security agreements.
Services include:
•
Homeland Security missions during heightened terrorism threat levels as
assigned by the U.S. Department of Homeland Security.
•
Security missions during elevated MARSEC levels.
•
Enforcement of state and local waterway laws. (The preferred course of
action is to advise vessel operators to correct deficiencies to bring them
into compliance with state and local waterway laws.)
•
Investigation of boating accidents.
•
Assistance to boaters in distress.
Revised 05/22/07, Replaces 12/95
2
12.146
•
Search/recovery of missing persons.
•
Boating/water safety instruction.
The Marine Patrol vessel will be utilized to transport and provide a diving
platform for the Hamilton County Police Association Underwater Search and
Recovery Unit (USRU).
In addition to the above, the Marine Patrol is equipped to respond to marine
disasters or potential marine disasters with the possibility of loss of life.
The affected district OIC will determine the priority of the marine disaster
incident.
General Classes of Incidents:
•
Priority 1 - Any incident with the potential to threaten significant
amounts of the population or a large area of the river
with the potential for a general evacuation.
•
Priority 2 - An incident that presents a significant threat to a localized
area or areas. A general evacuation is not needed; may
require a local evacuation.
•
Priority 3 - A serious accident or incident involving a manned vessel with
fatality, injury, or the potential for same. Minimum threat to
land base or river facility with no evacuation.
Procedure:
A.
Responding to Emergencies on the Ohio River
1.
Officers who become aware of an emergency situation on the river will
contact PCS and provide the following information:
a.
Nature of emergency (e.g., runaway barge, chemical spill, boat
fire, drowning, etc.).
b.
Location by river mile marker (if known), land address and/or
prominent landmark.
c.
If the emergency is moving, note direction and approximate
speed.
d.
Identification of vessel(s), person(s), and facilities involved.
1)
If the vessel has cargo, attempt to determine type of cargo.
This information will facilitate the proper response.
a)
Barges carrying flammable/combustible liquids
display a red 3x4 foot pennant affixed to the hull.
Revised 05/22/07, Replaces 12/95
3
12.146
2.
Request the Cincinnati Fire Department (CFD).
3.
Request the affected district OIC if incident appears to fall within a
Priority 1, Priority 2, or Priority 3 classification.
4.
PCS will:
a.
Notify the CFD.
b.
Notify the affected district OIC.
c.
If necessary:
1)
d.
5.
Contact other potentially affected agencies, i.e., USRU,
Boone County Water Rescue, Campbell County Water
Rescue, Kenton County Water Rescue, Greater Cincinnati
Water Works, Ohio Department of Natural Resources
(ODNR), USCG, and relay necessary information.
When requested, make notification according to the Situational
Occurrences Notification List.
The affected district OIC will:
a.
Respond and evaluate the circumstances, if needed, initiate the
following:
b.
Request assistance from agencies equipped to handle waterway
operations i.e., USRU, Boone County Water Rescue, Campbell
County Water Rescue, Kenton County Water Rescue, Greater
Cincinnati Water Works, ODNR, or the USCG.
c.
Implement the Seven Critical Tasks according to Procedure
12.145 Section B.
d.
Notify restaurants, head-boats at marinas, industrial and
commercial sites along the river, etc., of the potential for danger
and the possibility of evacuation.
e.
Close the Public Landing, parks, or other riverfront recreational
areas.
f.
Close bridges affected or potentially affected by the emergency.
g.
Prohibit waterway travel on the affected area of the river.
h.
Request the Marine Patrol through PCS.
1)
Response time, nature and priority level of incident must be
considered when requesting use of the Marine Patrol.
Revised 05/22/07, Replaces 12/95
4
12.146
2)
Emergencies which may require the use of the Marine
Patrol include, but are not limited to:
a)
Barge breakaway due to collision, grounding or loose
mooring.
b)
Loss of cargo which may impact population on the
river bank, bridges, or river commerce (Note: cargo
may be oil, hazardous materials, etc.).
c)
Boat fire or explosion of a commercial passenger
vessel (e.g., B & B Riverboats, the Anderson Ferry).
d)
Sinking barge or vessel with occupants.
e)
Boat collision with serious injury/death.
f)
Waterfront facility fire or explosion.
1]
i.
Ensure completion of all Department reports generated during
the incident (Form 318, Conditions Affecting Other
Departments; Form 316A, Deceased Person Report, for
notification of next-of-kin; Form 316, Minor Accident/Aided
Case/Mental Health Response Report; Form 301, Incident
Report, etc.).
1)
C.
The affected district OIC will prepare and forward a Form
17, After Action Report, through the chain of command.
Non-Emergency Use of the Marine Patrol
1.
D.
Floating restaurant, office, marina, or fuel dock.
Districts/sections/units requesting use of the Marine Patrol for special
events or incidents must submit the request on a Form 17 through
channels. After approval by the Police Chief or the affected bureau
commander, the requesting district/section/unit should contact the
Tactical Planning Unit during normal business hours to reserve the
Marine Patrol vessel.
Homeland Security Patrols
1.
During elevated MARSEC levels and Homeland Security threat levels,
the Marine Patrol will conduct patrols of waterway infrastructures
designated as BZPP sites.
2.
A minimum of four officers will be on board the vessel at all times.
a.
Two officers will be qualified vessel operators.
b.
Two officers will be SWAT officers.
Revised 05/22/07, Replaces 12/95
5
12.146
E.
F.
Use of Marine Patrol Outside City Limits
1.
Approval must be given by a captain or higher.
2.
If a captain or higher is not available, the Tactical Planning Unit
commander may give authorization.
3.
If the Tactical Planning Unit commander is not available, obtain
approval from a Marine Patrol supervisor.
4.
An officer from the requesting agency must be on board to initiate
enforcement action.
5.
Only CPD Marine Patrol operators will navigate the vessel.
Marine Patrol Duties and Responsibilities
1.
Notify PCS the vessel is underway, number of personnel on board,
current location and destination of vessel.
2.
Notify the USCG Sector Ohio Valley on VHF Channel 16 and provide
above information.
3.
Enforce state and local waterway laws.
a.
4.
The preferred course of action is to advise vessel operators to
correct deficiencies to bring them into compliance with state and
local waterway laws.
Coordinate efforts with public agency vessel operators while keeping
PCS informed of the situation.
a.
If vessels have not been deployed to the scene, notify PCS of
specific equipment needed and the nature of the task to be
performed (e.g., recovery of wreckage, articles, cadavers, towing
of boats, etc.).
1)
If requested, provide a diving platform for the USRU.
5.
Relay river emergency information via VHF Channel 16 to all
commercial/recreational vessels, marinas, commercial/industrial sites,
etc.
6.
Tow disabled boats.
a.
Tow boats to the nearest dock or place of safe mooring.
Revised 05/22/07, Replaces 12/95
6
12.146
7.
Report any damage to vessel and/or equipment to the OIC of the
event or incident.
a.
Ensure all necessary forms and reports are completed according
to Procedure 12.035, Reporting Police Vehicular Accidents and
Damage.
1)
G.
8.
Immediately acknowledge a unit contact with location of river mile
marker and status.
9.
Secure with PCS and the USCG when the Marine Patrol vessel is
safely moored.
10.
Complete a Marine Patrol Daily Activity Log and forward to the
Tactical Planning Unit for record keeping.
Equipment Inventory
1.
H.
Marine Patrol operators will inventory and inspect the Marine Patrol
vessel and equipment after each deployment, call-up, or training
session.
Tactical Planning Unit Duties and Responsibilities
1.
Maintain an updated “Emergency Notification Plan” for responses to
Ohio River emergencies.
a.
I.
Check that all additional equipment assigned is accounted
for and operational.
Forward copies to Districts One, Two, and Three.
2.
Maintain a copy of the emergency notification list forwarded by
Districts One, Two, and Three.
3.
Maintain a Marine Patrol SOP and recall roster.
4.
Maintain a log of Marine Patrol deployments, call-ups, and training
sessions.
Districts One, Two, and Three will:
1.
Maintain a copy of the “Emergency Notification Plan” at the district
front desk and in the supervisors' field Civil Disturbance Operation
Procedure (CDOP) manuals.
2.
Maintain an emergency notification list of potentially affected locations
along the river within their respective district boundaries.
a.
Update the list immediately upon learning of a change.
b.
Review and update their respective lists annually.
Revised 05/22/07, Replaces 12/95
7
12.146
J.
c.
Ensure notification/evacuation of affected areas within their
district.
d.
Ensure Tactical Planning is forwarded a copy of their current
emergency notification list.
Recall Roster
1.
Marine Patrol operators will immediately notify the Tactical Planning
Unit of any change of address or phone numbers.
2.
Tactical Planning Unit will provide an updated personnel recall roster
to PCS following any changes.
Revised 05/22/07, Replaces 12/95
8
12.150
12.150 PLAN FOR CONTROL OF DISORDERS AT
HAMILTON COUNTY ADULT CORRECTIONAL
FACILITIES
Reference:
Procedure 12.155 - Juvenile Youth Center Disorders
Procedure 12.170 - Civil Disturbance Operation Procedure
Ohio Revised Code 5120 - Ohio Jail Standards
Standards Manual - 1.3.5, 2.1.2, 46.1.3
Policy:
The primary responsibility for control of disorders at the Hamilton County Justice
Center Detention Facility and its related off-site facilities rests with the Hamilton
County Sheriff. The Hamilton County Sheriff's Office (HCSO) is the authority for
any actions taking place within the facility including the carrying of firearms or
any weapon within the facility.
The Cincinnati Police Department recognizes that circumstances may arise
when the resources of the Department may be required to assist in handling
situations beyond the normal capabilities of HCSO personnel.
Purpose:
Establish a procedure to be followed in a disorder at any of the following
Hamilton County Correctional Facilities in which the assistance of the Cincinnati
Police Department is requested:
- Queensgate Correctional Facility, 516 Linn
- Hamilton County Justice Center, 1000 Sycamore Street
- Hamilton County Jail, 1000 Main Street
- Work Release Center, 217 Charles Street
- Talbert House, 1617 Reading Road
- River City Correctional Center, 3220 Colerain Avenue
For Disorders at Hamilton County Juvenile Court Youth Center, 2020 Auburn
Avenue, see Procedure 12.155.
Provide sufficient police personnel and equipment necessary for proper
perimeter security and traffic control.
Rev. 11/98, Replaces 12/95
1
12.150
Procedure:
A.
Duties of Sworn Personnel:
1.
At the first indication of a major disorder at any of the facilities
outlined in the Purpose section of this procedure, the ranking
supervisor of the facility will notify the Police Communications Section
(PCS) and provide pertinent details.
a.
2.
All requests for Police Department assistance will be directed
through PCS.
PCS will:
a.
Determine the location of the facility supervisor.
b.
Notify and dispatch the district shift officer in charge (OIC) to the
scene.
c.
Direct four beat cars, two-officer units if possible, from the
affected district to the four corners of the perimeter of the facility
to prevent the escape of prisoners.
d.
In the event of an active disturbance, notify the district
commander to respond to the scene. (An active disturbance is
defined as a situation where the disorderly prisoners have
initiated an offensive act against the facility, detention personnel,
or other prisoners.)
e.
Notify the Night Chief if the disturbance occurs during his tour of
duty.
1)
3.
The Night Chief will respond to the scene and assume
command of Department personnel until the arrival of the
district commander or a bureau commander.
The district shift OIC will:
a.
Meet with the ranking supervisor of the facility.
b.
Coordinate all Police Department activities outside the facility
and keep PCS informed of the situation.
c.
Call up a SWAT team, if one may be needed.
Rev. 11/98, Replaces 12/95
2
12.150
4.
The district commander or in his absence, the Night Chief, will:
a.
Assume command of all Police Department personnel at the
scene.
b.
Confer with the facility supervisor in charge.
1)
If the facility supervisor in charge requests Police
Department personnel to assist inside the facility, the
district commander will personally observe the situation to
determine if the need is valid.
2)
Police Department personnel will not be used inside a
facility until all available facility personnel are committed
and are unable to resolve the disturbance.
c.
Determine if the situation requires initiation of the CDOP
procedures, alert, phases, etc.
d.
Determine, after conferring with the supervisor of the facility, if
assistance is needed inside the facility and have PCS notify the
Patrol Bureau Commander or the Duty Officer to respond to the
scene.
e.
1)
Police Department personnel will not enter the facility until
after the arrival of the Patrol Bureau Commander, Duty
Officer, or Night Chief unless a serious or life threatening
injury could occur if there is a delay in response, and then
only at the direction of the HCSO supervisor in charge.
2)
Police Department personnel, after they have been
authorized to enter the facility, will remain under the direct
control of a Police Department supervisor.
3)
The HCSO will retain final authority over the use of Police
Department personnel inside the facility. Department
personnel will be withdrawn, without question, if the HCSO
supervisor in charge requests it.
Establish a command post notifying PCS of the telephone
number.
1)
f.
Request district CDOP equipment if necessary.
1)
g.
Hold the phone line to the command post open to preclude
interference from other callers who may call the published
number being used for the command post.
Establish a staging area for personnel and equipment.
Establish sufficient traffic posts to direct the movement of all
emergency equipment and redirect the flow of traffic, if
necessary.
Rev. 11/98, Replaces 12/95
3
12.150
h.
5.
Provide for transport of injured persons to hospitals.
1)
Notify PCS to have a Fire Department Paramedic Unit and
transport vehicle respond to the staging area. Identify and
advise of a proper safe area for the Paramedic Unit to
respond and to whom they should report.
2)
District Four will provide security for prisoners at University
Hospital until relieved.
i.
Request the reservation and use of a proper tactical radio
channel.
j.
Request additional manpower, if the situation warrants it.
All supervisors and command officers involved in the disturbance will
maintain a log of events.
a.
An After Action Report will be prepared in quadruplicate and
submitted through channels by the district commander.
1)
Original copy to the Police Chief
2)
Duplicate to the Patrol Bureau Commander
3)
Triplicate for the Safety Director's Office
4)
Quadruplicate for district files
Rev. 11/98, Replaces 12/95
4
12.155
12.155 JUVENILE YOUTH CENTER DISORDERS
Reference:
Procedure 12.170 - Civil Disturbance Operation Procedure
Procedure 12.175 - Use of Special Weapons and Tactics Unit
Standards Manual - 2.1.2, 12.2.1, 46.1.3
Procedure:
A.
At the first indication of any major disturbance at the Hamilton County
Juvenile Court Youth Center (HCJCYC), 2020 Auburn Avenue, the on-duty
youth center supervisor will notify Police Communications Section (PCS)
and provide pertinent details.
B.
PCS Will:
1.
Dispatch the District Four shift officer in charge (OIC) to the HCJCYC
Intake rear door.
2.
Dispatch one District Four car to establish a traffic post at the
driveway entrance to the HCJCYC. This post will direct the movement
of all emergency equipment.
3.
Dispatch four District Four cars to the north, south, east, and west
perimeters of the HCJCYC to contain prisoners.
a.
4.
C.
If District Four cars are not available, assign units from other
districts to cover the perimeter points.
Notify the appropriate command officers.
a.
District Four Commander
b.
Patrol Bureau Commander
c.
Duty Officer
d.
Night Chief
The District Four Shift OIC Will:
1.
Respond to the HCJCYC Intake rear door, meet with the youth center
supervisor, evaluate the situation, and determine a course of action.
2.
Assume command of all youth center and police personnel at the
scene. The youth center supervisor will act in an advisory capacity to
the Police Department and coordinate any activities involving youth
center personnel.
3.
Establish a separate command post and staging area.
4.
Ensure all supervisors involved maintain a log of events.
Rev. 10/95, Replaces 11/89
1
12.155
5.
Have officers secure their firearms in the lock boxes provided at the
entrance of the detention section or the trunks of police vehicles,
unless the inmate(s) is in possession of potentially dangerous
weapons (knives, etc.), or a firearm is involved requiring immediate
police action.
a.
6.
If necessary, establish a Spontaneous Alert per Procedure 12.170.
7.
If hostages, firearms, or large numbers of inmates are involved,
activate SWAT per Procedure 12.175.
8.
Once the disturbance is brought under control:
9.
a.
Phase out the manpower as necessary.
b.
Return control of the HCJCYC to youth center personnel.
Prepare an after action report.
a.
D.
The ranking supervisor at the scene makes the decision to enter
the detention section with firearms.
Critique the action taken.
The District Four Commander will review, comment, and distribute copies
of the completed report as follows:
1.
The Police Chief
2.
Patrol Bureau Commander
3.
District Four files
Rev. 10/95, Replaces 11/89
2
12.160
12.160 RUMORS/POTENTIAL CIVIL DISTURBANCES
Reference:
Procedure 12.417 – Hate Crimes: Response to Racial, Religious, Ethnic/National
Origin, or Sexual Orientation Bias Incidents
Purpose:
Provide for the documentation, processing, and analyzing of rumors concerning
racial problems, civil disturbances, other police problems or services.
Establish policies for handling incidents arising from or indicative of a racial
nature and for protecting the civil rights of all citizens.
Establish responsibility and authority of Police Department and Cincinnati
Human Relations Commission (CHRC) personnel during field situations.
Policy:
The Cincinnati Police Department will immediately investigate and document
incidents of racial tension or civil disturbance.
Procedure:
A.
Processing Rumors Involving Racial Problems, Civil Disturbances, or Other
Police Problems:
1.
2.
All members of the Police Department are charged with the following
responsibilities concerning rumors:
a.
Obtain as many pertinent facts as possible.
b.
Identify the person passing the information and the source of the
information, if possible.
c.
Assess the reliability and credibility of the informant.
d.
Instruct the informant not to discuss the subject with anyone
other than the police.
e.
Refrain from any words or actions which might lend credibility or
incentive to the rumor.
Immediately telephone information involving racial problems, civil
disturbances, or public safety issues (motorcycle gangs, terrorism,
etc.) to the Intelligence Section if received between 0800 and 1700
hours on weekdays.
Rev. 10/03/06, Replaces 05/06/03
1
12.160
a.
b.
c.
B.
During other hours, if the information is determined to need
immediate investigation, a supervisor will notify the district
commander, the Night Chief, or the Duty Officer who will recall
the following appropriate personnel, if necessary:
1)
Intelligence Section.
2)
CHRC.
Document this information on a Form 17 with copies to the:
1)
Police Chief.
2)
Investigations Bureau Commander.
3)
Patrol Bureau Commander.
4)
Originating unit.
The Intelligence Section will coordinate the investigation and
evaluate the information in terms of providing intelligence to
affected units or agencies.
Racial Incidents:
1.
Police Communications Section (PCS) will dispatch the shift officer in
charge (OIC) to the scene. The OIC will evaluate the situation and
request PCS dispatch the necessary personnel.
a.
Use both white officers and black officers, male and female, in
teams, when possible.
b.
Officers will conduct themselves in a neutral, impartial manner.
Exercise discreet judgment in policing incidents of this nature.
c.
Remove the focal point of the crowd or incident from the scene
as soon as possible.
d.
Cooperate with members of the news media.
1)
Do not permit the media to take actions that would
endanger their safety, the safety of police officers or the
public.
2)
Access granted the media must be consistent with the
needs and goals of public safety and order.
Rev. 10/03/06, Replaces 05/06/03
2
12.160
2.
3.
The shift OIC will execute a Form 17, Interdepartmental
Correspondence Sheet, describing the nature of the incident and the
action taken and forward copies to the:
a.
Police Chief
b.
Investigations Bureau Commander, who will route the form to
the Intelligence Section.
c.
Patrol Bureau Commander.
d.
C.O.P. Coordinator.
e.
Originating unit.
After the initial police action, the Intelligence Section Commander will
determine if immediate follow-up action is necessary and initiate the
appropriate requests through channels.
a.
C.
The C.O.P. Coordinator will determine if immediate follow-up
action is necessary and initiate the appropriate requests through
channels.
Utilization of CHRC Field Representatives:
1.
2.
Upon learning a racial incident exists, the ranking command officer
will notify CHRC via PCS and provide the following information:
a.
Nature of the incident.
b.
Parties or groups involved.
c.
Location of the incident and the neighborhood(s) affected.
d.
Police action already taken or planned.
e.
Whether immediate CHRC response is requested.
1)
Advise response location.
2)
Advise name of incident OIC.
When CHRC personnel receive information which has the potential
for creating a racial incident, they will notify the C.O.P. Coordinator as
soon as practical.
a.
After the normal working hours, if the situation warrants, CHRC
will notify PCS.
1)
3.
PCS will notify the appropriate command officers.
The CHRC Executive Director will coordinate with CHRC field
representatives, who will respond as requested and contact the
incident OIC.
Rev. 10/03/06, Replaces 05/06/03
3
12.160
4.
5.
The ranking command officer will determine what actions the CHRC
representative may take and obtain an estimated cost for their
services.
The OIC will evaluate and determine the effectiveness of the actions
of CHRC field representatives in calming the situation.
a.
If the ranking command officer believes CHRC field
representatives are no longer effective, they will be notified to
cease their activity and withdraw.
b.
The ranking command officer should base this determination on
criteria such as an overt action on the part of the crowd, an
increase in crowd size, etc.
6.
The incident OIC will request CHRC submit a report of their
observations and assessment of the incident to the Intelligence
Section Commander.
7.
District commanders may request CHRC field representatives assist
in the resolution of various other community problems.
a.
District commanders should submit a Form 17 to the Police
Chief with the following information:
1)
Nature of the problem.
2)
Reason for requesting CHRC's assistance.
3)
An estimate of the number of work-hours expended by
CHRC personnel.
Rev. 10/03/06, Replaces 05/06/03
4
12.165
12.165 EMERGENCY RECALL AND TEST RECALL
Reference:
Procedure 12.170 - Civil Disturbance Operation Procedure
Standards Manual - 11.2.1, 11.3.1, 46.1.9
Purpose:
Increase the efficiency of emergency recall.
Establish a Department wide system of testing the efficiency of emergency
recall.
Procedure:
A.
General Guidelines:
1.
Each supervisor will maintain and keep readily available at all times
an up-to-date list of the personnel under his command. This list will
contain their rank, name, address, telephone number, permanent car
number, and SWAT designation, if applicable.
a.
Sworn personnel named on this list are subject to an actual or
test recall. Only civilian personnel needed during an emergency
should be so designated and included in an actual or test recall.
b.
Each district, section, unit, shift, will submit a current Chain of
Notification Recall Roster in the approved format (see page 5) to
their bureau commander. The roster will be updated and
submitted immediately whenever a change occurs.
1)
2.
Each bureau commander will submit a recall list to Police
Communications Section (PCS) listing his name and the names of
five alternates, home phone numbers, pager numbers, and cellular
phone numbers.
a.
B.
The bureau commanders will maintain an updated recall
list of personnel under their command.
PCS will contact each bureau commander or an alternate to
initiate recall within that bureau.
Actual Emergency Recall:
1.
Upon initiation of a Phase II, PCS will initiate an all city broadcast and
teletype message indicating a Phase II is in effect. PCS will
telephone each district, Criminal Investigation Section (CIS), Traffic
Section, Park Section, and each bureau commander or designee.
a.
PCS will give instructions indicating the number of off-duty
personnel to recall.
Rev. 10/92, Replaces 12/88
1
12.165
2.
Responsible command personnel will contact the available ranking
off-duty supervisor for the unit or shift to be recalled. Instruct this
supervisor to recall the requested number of off-duty personnel and
have them report for duty fully equipped.
a.
C.
This ranking off-duty supervisor will use his associate
supervisors to assist with notifications so all off-duty personnel
may report for duty as quickly as possible.
1)
Patrol Bureau personnel will normally report to their unit of
assignment.
2)
Other Department personnel will report as directed in their
internal CDOP plan.
b.
Normally, Department personnel will not make long distance
telephone calls for actual recall. The Department OIC may
authorize calls to mobilize needed command personnel, SWAT
personnel, etc.
c.
Supervisors involved in the recall operation will keep a record of
recall activity on a Mobilization Alert (Form 586).
d.
The supervisor in charge of the scene where recalled personnel
report will maintain and log the time each recalled member
reports for duty.
Test Recall:
1.
The Police Chief may initiate a Department wide test recall.
a.
2.
PCS will teletype a message to each district/section/unit involved
indicating a test recall is being conducted.
a.
3.
Bureau and district/section commanders may institute additional
tests for personnel under their command.
PCS will follow up the teletype message with a telephone call to
each district, CIS, Traffic Section, Park Section, and each
bureau commander or designee.
Bureau commanders will contact their district/section commanders to
initiate a test recall of their respective personnel.
a.
Ranking on-duty and off-duty supervisors will use other
supervisors to assist with the test recall so all off-duty personnel
may be contacted as soon as possible.
b.
A test recall will include all off-duty personnel except those off
sick or injured. Department personnel will not make long
distance telephone calls.
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2
12.165
4.
5.
If, when calling off-duty officers, an answering machine is reached,
the supervisor will leave a message advising the officer to call back
within the time limit of the test recall.
a.
If the officer responds before the end of the test recall, list the
officer as contacted.
b.
If there is no response, or the officer responds after the time
limit, list the officer as not contacted.
The test recall will begin upon notification by PCS and will terminate
one hour later.
a.
b.
6.
Upon termination of a test recall, supervisors will use the Form 586 to
show the time off-duty personnel were contacted.
a.
7.
8.
PCS will notify bureau commanders, districts, CIS, Traffic
Section, and Park Section of the official start time of the test
recall.
Supervisors can make second calls during a test recall. No calls
will be made after the one hour limit.
Forward the completed Form 586 to the district/section/unit
commander.
Each district/section/unit commander will complete a Recall Test Alert
(Form 586A) and forward it to the bureau commander.
a.
Base all statistics on the Form 586A only on personnel subject to
recall.
b.
Attach to the Form 586A, all copies of the Form 586.
Bureau commanders will review these reports and forward the original
to the Police Chief and copies to the CDOP chairman. The CDOP
chairman will evaluate Department wide test recalls and make
appropriate recommendations to the Police Chief.
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3
12.165
RECALL ROSTER
UNIT NAME
(IN CAPS)
REVISION DATE
RANK
NAME
ADDRESS
PHONE
PERMANENT
CAR#
**Capt.
LAST, First
1234 Somewhere St.
555-1212
555-1313-P
555-1414-C
400
* Lt.
LAST, First
4567 Nowhere St.
555-1515
420
* Sgt.
LAST, First
789 Everywhere St.
555-1616
555-1717-O
421
SWAT
PS
PO
PO
LAST, First
LAST, First
LAST, First
345 Maple Av.
789 Vine St.
678 Walnut St.
555-1122
555-3344
555-4455
* Sgt.
LAST, First
234 Circle Av.
555-7788
PO
LAST, First
678 Grove Pl.
555-8899
422
INSTRUCTIONS FOR RECALL ROSTER FORMAT
The Recall Roster will be completed and stored on the Unisys Computer System
for easy update and revision. The roster will be updated whenever any change
occurs.
The roster will contain the rank, name, address, telephone number, cellular
telephone number, permanent car number, and SWAT designation (if applicable)
of all personnel subject to recall. Sworn supervisory personnel will be listed by
rank and rank seniority. Do not include additional information.
The roster will have a one inch (1") margin on the left side of the document.
Recommended settings on the Unisys Computer right margin at .75 and text
width at 6.75.
The person with primary notification responsibility will be designated with an
indication of "**" before the rank. A minimum of four persons with secondary
notification responsibility will be designated with an indication of "*" before the
rank. Telephone numbers will be indicated as "P" for pager, "C" for cellular
phone, and "O" for others after the telephone number. All permanent radio call
numbers and SWAT designation (if applicable) will be indicated.
List all sworn personnel subject to recall, actual or test. Only those civilian
personnel needed during an emergency, actual or test, should be listed.
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12.165
Colonel
, Police Chief
RECALL TEST ALERT
The results of the Recall Test Alert held on _______________
at _____________ hours by __________________________________
follows:
SWORN/CIVILIAN
Total number of personnel
Total number of on duty personnel
/
/
Total number of off duty personnel contacted
/
Percent of total off duty personnel contacted
/
Total personnel available
/
Percent of total unit personnel available /
Rev. 10/92, Replaces 12/88
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12.170
12.170 CIVIL DISTURBANCE OPERATION PROCEDURE
Reference:
Procedure 12.145 – Critical Incident Response Plan
Procedure 12.160 - Rumors/Potential Civil Disturbances
Procedure 12.165 - Emergency Recall and Test Recall
Procedure 12.171 - Use of the Mobile Command Center
Procedure 12.175 - Use of Special Weapons and Tactics Unit
Procedure 12.545 – Use of Force
Ohio Revised Code 2917.04 - Failure to disperse
Definitions:
Command Post Call Number - District Command Posts are designated by the
word “District” and district number followed by the words “Command Post” (e.g.,
District One Command Post, District Two Command Post, etc.)
Police Command Center (PCC) - Established when the Police Chief, or in his
absence an Assistant Police Chief, orders recall of police personnel. The Center
is located at 310 Ezzard Charles Dr. in the Chief’s conference room.
Emergency Operations Center (EOC) - Established when the City Manager
orders recall of all City departments’ personnel. Police Communications Section
(PCS) maintains the recall list. The EOC is located at the Regional Emergency
Operations Center, (REOC) 2000 Radcliff Drive. If conditions exist that render
the EOC inoperable, the Police Chief or his designee will determine an alternate
location.
Staging Area Call Number - District Command Post number followed by the
beat, which the staging area is located, e.g., 1002: District One/Beat 2, etc.
Standby Cars - One supervisor and two two-officer units designated daily from
each district and shift for rapid deployment to any location for a variety of critical
incident situations.
Field Command Vans – Each district is equipped with a van designed for
supplying Department personnel the tactical equipment needed for handling
critical incidents and civil disturbances. Districts should consider field command
vans as rolling armories.
Any equipment in their armory (gas masks, riot shields, riot helmets, shotguns,
beanbag shotguns, 40mm foam rounds, PepperBall launchers, ammunition, etc.)
which has a primary purpose of supporting field operations, should be placed
within the field command van.
Alert Cars – Two two-officer units assigned to patrol that part of their district
closest to the trouble area. Alert cars are NOT dispatched on routine radio runs.
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12.170
District Platoons – Each district will identify a platoon of officers to assist with
managing civil unrest and/or crowd management. A platoon will consist of a
platoon leader (lieutenant), assistant platoon leader (lieutenant or sergeant) and
six squads. During periods of civil unrest, the district will be advised how many
squads to deploy. Squads not utilized can remain in the district to perform
routine patrol duties.
Squads – A squad consists of a squad leader (lieutenant or sergeant) and ten
officers. Squads are deployed as a group and should be kept together. Squad
responsibilities can vary from static posts to patrolling trouble areas or as
logistical support, e.g., prisoner processing, prisoner transport, staging area
security. A multi passenger van should be utilized for squad transportation. Two
squad members will be designated as grenadiers and shall be equipped with
beanbag shotguns. During instances requiring mass arrests, squads can be
subdivided to allow for two arrest teams of four officers each.
Squad Call Numbers – Squads are issued two digit call numbers. The first
number identifies the district/section/unit where the squad originated. The
second number indicates
which squad from that district/section/unit, e.g. Squad
52: District Five, 2nd Squad.
SWAT Response Teams – SWAT response teams consist of a team leader
(sergeant) and from five to nine officers. Each SWAT response team operates
in a caravan of between three and five marked police vehicles. SWAT response
teams can deploy in either uniform of the day or in SWAT uniform. SWAT
response teams are dispatched to trouble areas involving shots fired, officer or
citizen rescue, or crimes in progress, e.g., Aggravated Riot, Riot, Assault,
Breaking and Entering, Vandalism, Criminal Damaging, Arson, etc. Each SWAT
response team is equipped with tactical weapons to facilitate their response to
critical incidents requiring their intervention.
Risk Management Teams – Risk Management Teams are comprised of
personnel from the Internal Investigations Section and the Inspections Section.
A Risk Management Team consists of two to four supervisors/officers. Risk
Management Teams respond to handle citizen complaints and use of force
investigations, including the completion of any related reports associated with a
complaint or use of force.
Crowd Management – Observing, monitoring and facilitating the activities of
persons assembled.
Crowd Control – The use of police action to stop the activities of persons
assembled.
Phase II Notification List - List of persons notified by PCS for Phase II.
Chain of Notification Recall Roster - List of alternate personnel notified by
PCS, if they are unable to reach the number one person on the Phase I - Phase
II Notification Lists.
Fire Department Strike Team – Three engine companies.
Fire Department Task Force - Three engine companies, two ladder companies
and one staff officer.
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12.170
Purpose:
Provide Department members with a plan of action during civil disturbance
operations.
Enhance the mobilization of personnel and equipment to quell disturbances,
which could escalate into more serious situations.
Provide for the integration of Hamilton County police agencies, Ohio National
Guard, Ohio State Highway Patrol (OSHP), and federal troops with Department
personnel.
Policy:
During a Phase II through a Phase IV, the following practices are in effect.
1.
Curtail routine radio dispatches and routine police duties.
2.
Immediately direct rumors and other information pertaining to racial
problems, civil disturbances, or police involvement to the Emergency
Operations Center (EOC), located at the Regional Emergency Operational
Center, (REOC) 2000 Radcliff Drive.
a.
If conditions exist that render the EOC inoperable, the Police Chief or
his designee will determine an alternate location.
3.
Assign a subordinate to command officers and supervisors as a recorder,
driver, etc., as soon as personnel become available.
4.
Request aid or assistance from sources internal or external to the
Cincinnati Police Department through the EOC.
5.
The Cincinnati Police Department may be placed on 12-hour shifts, and
may have off days, off time, and vacations cancelled.
a.
Only the Police Chief or Acting Police Chief can initiate a 100 percent
recall.
Fire or police command officers will designate operational zones during civil
disturbances as follows:
1.
Green Zone
a.
Indicates areas of the City not involved in hostile activities and no
anticipation of hostile activities developing.
b.
Normal activities will continue within this zone, although operations
may be modified as the citywide situation escalates and various
criteria are implemented.
c.
Fire Department personnel will respond into this zone without police
escort.
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12.170
2.
3.
Yellow Zone
a.
Indicates areas where hostile activities are not presently occurring but
are deemed likely to develop.
b.
Closely monitor personnel safety operations with caution being
exercised during all activities.
c.
Fire Department personnel may request a police escort to enter this
zone.
Red Zone
a.
Indicates areas where civil disorder is known to be occurring.
b.
Fire Department personnel will not enter this zone without a police
escort.
Information:
To control a variety of situations, ranging from small crowds to riotous conditions,
the Department has provided a systematic approach to personnel mobilization.
Depending upon the gravity of the situation, an Alert, Phase I, Phase II, Phase
III, or Phase IV may be initiated as it becomes apparent additional personnel and
equipment are needed to contain the situation.
Procedure:
A.
Standby Cars
1.
Each district is responsible for identifying one supervisor and two twoofficer patrol units as standby cars at the beginning of each tour of
duty. These standby cars are designed for rapid deployment to any
location for a variety of critical incident situations.
a.
B.
After deployment of the first set of standby cars, unaffected
districts will establish a second set of standby cars. Deployment
of this second set of standby cars constitutes an Alert.
Alert
1.
When an event with a potential for problems is known in advance, a
captain or above can initiate a Planned Alert. When an event occurs
without warning, a sergeant or above can initiate a Spontaneous Alert.
a.
2.
The initiation of an Alert does not necessarily commit personnel
to the scene. It provides district supervisors with adequate
standby personnel if needed.
When an Alert is initiated, all supervisors in the trouble area will
maintain a log of events.
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12.170
3.
PCS will:
a.
Initiate a radio broadcast, mobile data computer (MDC)
transmission, and teletype message announcing an Alert.
1)
4.
b.
Notify the officer in charge (OIC) of each district, Criminal
Investigation Section (CIS), and Special Services Section (SSS).
c.
Notify the bureau commanders or alternates.
d.
Dispatch Alert cars to the Command Post only when requested
by the OIC of the trouble area.
e.
Do not dispatch Alert cars on routine radio runs.
f.
Transfer Alert cars from their assigned locations within the
Computer Aided Dispatch System (CAD) to US PA (Unit Status
– Alert Dispatch Group). This will create a file listing all car
numbers and officers assigned as alert units.
g.
Clear the file contents when the incident has secured.
Each district OIC will:
a.
Field two two-officer patrol unit Alert cars.
b.
Ensure a replacement Alert car(s) is fielded, in anticipation of a
Phase I, should the initial Alert car(s) respond to the scene.
1)
5.
Make a follow-up telephone call to each district.
Transmit the radio call numbers of Alert cars to PCS
immediately.
Alert cars will patrol that part of their district closest to the trouble
area, and respond to the scene only if dispatched by PCS.
a.
Respond to the command post when dispatched.
6.
The responding officers’ district OIC is responsible for returning
unused vehicles.
7.
The OIC at the trouble scene will establish a command post if the
Alert cars are requested to respond.
a.
When the 10 initial Alert cars are dispatched to the scene, the
OIC must establish a Phase I to obtain the 10 standby cars
established under Section B.4.b.
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12.170
C.
Phase I
1.
A Phase I may be initiated without having previously been in an Alert
status, or may follow a situation where initial Alert cars have been
exhausted.
2.
The district supervisor (sergeant or above) initiating a Phase I will
immediately furnish PCS with the following information:
3.
a.
A brief account of conditions necessitating the Phase I.
b.
The location of the forward command post and staging area.
The initiating supervisor in the trouble district will select a
driver/recorder and:
a.
Ensure the seven critical tasks have been implemented (refer to
Procedure 12.145).
b.
Establish fixed posts, as necessary, e.g., vulnerable properties,
observation posts, roadblocks, etc.
1.
4.
Transmit this information to PCS as soon as possible.
PCS will immediately:
a.
Dispatch to the staging/command post area two two-officer
patrol units from each district.
b.
Dispatch the district commander, or in his absence, the ranking
district supervisor.
c.
Notify command officers as directed by the Phase I Notification
List.
d.
Notify Department units by radio, MDC, and teletype that a
Phase I is in effect, followed by a telephone call to each unit.
1)
e.
Dispatch one two-officer patrol unit, as an escort, to the location
where each Fire Department Strike Team and Task Force is
formed, when requested by the Fire Department.
1)
f.
PCS will notify all persons on the Phase I Chain of
Notification Recall Roster that a disturbance is in a
formative stage.
The Fire Department may also request assignment of one
two-officer patrol unit, as an escort, to each Rescue Unit.
Assign Park Unit personnel to the District Five OIC and Traffic
Unit personnel to the District Three OIC.
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12.170
5.
6.
The OIC of each district and section will begin forming on-duty
personnel into two-officer patrol units and notify PCS of radio call
numbers.
a.
The OIC will identify officers who will be formed into squads in
the event of a Phase II.
b.
Personnel will not respond to the disturbance unless dispatched
by PCS.
c.
A request for additional supervisors at the trouble scene will be
honored by using supervisors from those districts or sections
having more than one supervisor on duty.
Districts and sections will initiate internal operation plans. The OIC will
notify district/section commanders.
a.
7.
D.
If the district station is not endangered by the disturbance, it will
not be necessary to deplete personnel by assigning station
guards or special guard details.
Initiate a Phase V if the disorder is contained and quelled.
Phase II
1.
Only the Police Chief or assistant police chief can initiate a Phase II.
a.
The Chief or an assistant police chief will provide PCS
instructions indicating the number of off-duty personnel to be
recalled, and those units that should be held on duty beyond
their normal working hours.
2.
Patrol Bureau and Resource Bureau Commanders will take charge of
field operations and communications. Each commander will work 12hour shifts.
3.
Administration Bureau and Investigation Bureau Commanders will
take charge of prisoner processing and internal investigations. Each
commander will work 12-hour shifts.
a.
Risk Management Teams will be formed to respond to citizen
complaints and use of force investigations and reporting.
4.
The Evidence/Property Management Section Commander will take
charge of supplies and equipment and personnel transportation
requirements including supply and equipment movement.
5.
PCS will immediately:
a.
Dispatch the requested number of squads identified by each
district and section under Phase I to the command post or
staging area.
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12.170
b.
Notify Department units by radio, MDC, and teletype that a
Phase II is in effect.
1)
Follow-up will be via a telephone call to each police district
and section.
a)
6.
c.
Provide recall and other instructions given by the command
officer initiating the Phase II.
d.
Activate the Police Command Center at the order of the Police
Chief.
e.
Activate the EOC at the order of the City Manager.
f.
Notify all personnel on the Phase II Notification List.
g.
Dispatch one two-officer patrol unit, as an escort, to the location
where each Fire Department Strike Team, Task Force, and
Rescue Unit is located.
1)
These patrol units will remain with Fire Department
personnel at all times, including standby periods.
2)
Additional personnel may be requested by police officers if
necessary.
The OIC at the Command Post will:
a.
Assign responding personnel using the district beat plan.
1)
b.
7.
Each section will notify its units.
Supervisory personnel from outside the trouble district will
maintain their permanently assigned call number.
Revise the emergency lineup and transmit it to PCS
immediately.
All units will initiate internal operation plans.
a.
Units instructed to recall personnel will identify officers who can
be utilized in forming squads.
1)
Assign remaining recalled personnel into two-officer units.
2)
Prepare a revised lineup and transmit it to PCS
immediately.
b.
Units not instructed to recall personnel will continue to operate
with two-officer units formed under Phase I.
c.
District stations not endangered by the disturbance will not
deplete personnel by assigning station guards or special guard
details.
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12.170
8.
The SWAT Coordinator will form SWAT personnel into SWAT
response teams.
a.
9.
1)
Do not use SWAT response team personnel for other
duties so they are available for dispatch in the shortest time
possible.
2)
Ensure the commanding officers of SWAT personnel are
notified of SWAT assignments.
Police personnel who encounter a sniper or an armed barricaded
person will immediately summon a SWAT response team.
a.
10.
Recall additional SWAT personnel to allow SWAT members to
be on duty during each shift if the Phase II continues beyond the
current shift.
If needed, a squad may be dispatched in addition to a SWAT
response team to assist in securing the outer perimeter.
Mutual Aid
a.
The Police Department has mutual aid agreements on file with
the majority of municipal police agencies in Hamilton County.
The Police Chief may request aid from these agencies through
the Hamilton County Communications Center.
1)
11.
E.
Make every effort to integrate these officers with
Department personnel to provide communications, power
of arrest, knowledge of the area, etc.
Initiate a Phase V if the disorder is contained and quelled.
Phase III
1.
The City Manager or Mayor can initiate a Phase III. It involves
integrating the Ohio National Guard or Ohio State Highway Patrol
(OSHP) with Department personnel.
a.
The average response time to Hamilton County by the OSHP is
twenty minutes. The average response time of the Ohio National
Guard, with force, is eleven to twelve hours.
b.
Make every effort to integrate these personnel with Department
personnel to provide communications, powers of arrest,
knowledge of the area, etc.
2.
PCS will alert all units that a Phase III is in effect.
3.
All police units will initiate Phase III internal operations plan.
4.
Initiate a Phase V if the disorder is contained and quelled.
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12.170
F.
Phase IV
1.
The City Manager or Mayor through the Governor can initiate a Phase
IV. It involves the integrating of federal troops with the Ohio National
Guard, OSHP, and Department personnel.
a.
G.
H.
Make every effort to integrate these personnel with Department
personnel to provide communications, powers of arrest,
knowledge of the area, etc.
2.
PCS will alert all units that a Phase IV is in effect.
3.
All police units will initiate Phase IV internal operations plans.
4.
Initiate a Phase V if the disorder is contained and quelled.
Phase V
1.
A Phase V is the decreasing of personnel strength as the seriousness
of the disorder decreases.
2.
A Phase V is initiated by the OIC once the disorder is brought under
control. It can be initiated after a Phase I, II, III, or IV.
3.
Prepare after action reports using log sheets maintained by
supervisors, as directed in the after action report procedure contained
in each unit’s internal Civil Disturbance Operation Procedure (CDOP)
plan.
4.
Hold a critique of operations in conjunction with all primary, backup,
and supporting agencies.
CDOP Equipment Inventory and Inspection/Facilities Security and
Maintenance Inspection
1.
The 4th Sunday of every month, each district/section/unit will conduct
an inspection and inventory of all items listed on Form CDOP103,
CDOP Equipment Inventory, and Form CDOP103A, Facility Security
and Maintenance Inspection.
a.
A unit supervisor designated by the unit commander has direct
control of the inspection.
1)
b.
Accuracy of the report and the readiness of the equipment
are the responsibility of this supervisor.
Prepare Form CDOP103 in duplicate.
1)
Insert “DNA” in the appropriate column if an item is not
assigned.
2)
Check the applicable block on the reverse side of Form
CDOP103.
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12.170
3)
Explain in the “Remarks” section of the Form CDOP103
any discrepancies between the equipment assigned and
the equipment on hand.
4)
Record the serial number of all weapons on the Form
CDOP103 (shotguns, beanbag shotguns, PepperBall
launchers, 40mm foam round launchers).
5)
6)
a)
List the location, manufacturer’s name and type, and
the serial number of the weapon.
b)
Inspect all firearms. Clean when necessary to
prevent rust.
c)
Account for weapons kept at places other than police
facilities or assigned to non-Department personnel on
the reverse side of the Form CDOP103.
As part of the inspection, district supervisors will ensure all
assigned patrol rifles are inspected and cleaned monthly.
During the inspection the supervisor will ensure each patrol
rifle has two magazines loaded with 30 rounds each.
a)
The magazines must be physically unloaded, the
rounds counted, and the magazines re-loaded.
d)
SWAT rifles stored in district/section/unit armories will
be inspected by SWAT personnel only.
Submit a Taser Cartridge Spreadsheet listing serial
numbers of cartridges issued from the district/section/unit’s
stock and email list to Supply Unit.
c.
Take immediate action to replace or repair inoperative, defective
or missing equipment.
d.
The district/section/unit commander will review and sign the
completed Form CDOP103 and CDOP103A.
1)
Route completed Forms CDOP103 and CDOP103A to
Patrol Administration. Patrol Administration will forward the
forms to Tactical Planning Section.
a)
2)
Tactical Planning will forward a copy of Form
CDOP103 to Supply Unit. Supply Unit will update the
Master Inventory Database.
Retain a duplicate copy of Forms CDOP103 and
CDOP103A in the unit file.
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12.171
12.171 USE OF THE MOBILE COMMAND CENTER
Reference:
Procedure 12.030 – Vehicles: Assignment, Use, and Maintenance
Procedure 12.035 – Reporting Police Vehicular Accidents and Damage
Manual of Rules and Regulations – 2.03, 7.01, 7.03
Information:
The Mobile Command Center (MCC) is stored at the Regional Operations Center
located at 2000 Radcliff Drive.
Roof clearance for the MCC is 11’11”, therefore the MCC cannot be operated under
some overpasses, i.e.; railroad overpass at 6300 Madison Road and the Rookwood
overpass at 1699 Eastern Ave. Use caution as there may be other overpasses too
low to pass under.
Tactical Planning Unit maintains a current list of qualified operators.
There is no smoking in the MCC.
Purpose:
Provide guidelines for the proper use, care, and maintenance of the MCC.
Procedure:
A.
Non-emergency use of the MCC
1.
B.
Districts/sections/units wishing to use the MCC for special events or
incidents must submit the request on a Form 17 through channels. After
approval by the Police Chief or the affected bureau commander, the
requesting district/section/unit should contact the Tactical Planning Unit
during normal business hours to reserve the MCC.
Emergency Use of the MCC
1.
In an emergency, the Night Chief or a captain or above can request the
MCC through PCS.
a.
C.
A PCS supervisor will contact an operator to pick up the MCC and
respond to the scene.
Operation of the MCC
1.
Only Police Department or Fleet Services personnel who have the
following qualifications may operate the MCC:
a.
A valid driver's license.
b.
Successful completion of training provided by Training Section.
Rev. 07/18/06, Replaces 12/30/03
1
12.171
2.
Operator responsibilities
a.
Complete a Form 427, Cincinnati Police Vehicle Inspection Report,
each time the MCC is placed in use. Report any damage to the
officer in charge (OIC) of the event or incident.
1)
Check that all additional equipment assigned is accounted for
and operational.
2)
All communications equipment such as radios and cell phones
will be secured in the communications cabinet.
a)
b.
Complete the sign-out log each time MCC is put in use. The sign-out
log is located in the MCC.
c.
Position the MCC in a safe and secure area.
d.
Notify PCS of the location of the MCC when powered up.
e.
Ensure the MCC is set up properly and safely, including electrical
connections.
f.
Assist other personnel in the proper use of any equipment in the
MCC.
g.
When unattended, set the alarm on the MCC.
1)
3.
If any cell phone is removed, the user must provide the
MCC operator a completed Mobile Command Center
Telephone Log when returned.
Instruct the event or incident OIC how to set the alarm in the
absence of the operator.
h.
Return the MCC to the Regional Operations Center in a clean
condition free of any debris or trash.
i.
On the next business day after returning the MCC to quarters, notify
Tactical Planning Unit of any supplies needed for the MCC.
Event or incident OIC responsibilities
a.
Ensure the MCC is used for its intended purpose.
b.
In the absence of the assigned operator ensure the alarm is set.
1)
Initiate a directed patrol (DIRPAT).
2)
Advise PCS of location and times the MCC will be unattended.
Rev. 07/18/06, Replaces 12/30/03
2
12.171
c.
Permit only authorized personnel inside the MCC.
1)
d.
Record all cellular phone calls and FAX transmissions on the
Mobile Command Center Telephone Log.
a)
Personnel will use the cellular phone and FAX machine
only to conduct City business. Personal calls are
prohibited.
b)
When the event or incident is completed send the Mobile
Command Center Telephone Record to Tactical Planning
Unit.
Email Tactical Planning Unit with any defects or damage with the
MCC on the next business day.
1) Ensure all necessary forms and reports are completed according
to Procedure 12.035, Reporting Police Vehicular Accidents and
Damage.
4.
In the event of mechanical failure contact the Municipal Garage.
Rev. 07/18/06, Replaces 12/30/03
3
12.172
12.172
NIGHT CHIEF
Information:
This procedure is to inform field supervisors of their responsibilities to the Night
Chief, when to notify the Night Chief of incidents, and provide direction to
lieutenants and captains who are temporarily assigned Night Chief duties.
Lieutenants or captains assigned these duties are encouraged to review the
Night Chief Job Description found in the Department Organizational Chart and
Narrative on the Department Intranet located under References.
Policy:
The Night Chief shall exercise authority commensurate with the responsibilities
of the ranking officer on duty and be accountable directly to the Patrol Bureau
Commander.
The SWAT Commander or designee is the tactical OIC of a SWAT operation
and will command all personnel involved, in cooperation with the Night Chief and
district supervisors.
Procedure:
A.
Supervisors should notify the Night Chief of all critical incidents as soon as
they become aware. Incidents requiring notification of the Night Chief are,
but not limited to:
1.
Working fires.
2.
All uses of force.
3.
Injuries to prisoners or officers.
4.
Any auto accident involving officers or where serious injuries
occurred.
5.
Major road closures.
6.
Any arrest, including large quantity of drugs or weapons, which
deserve the Senior Command Staff’s immediate attention, or
newsworthy events.
7.
Original violent felony arrests, original felony sex offenses, and original
felony offenses involving a minor as a victim.
8.
Prior to the execution of a search warrant.
9.
All mutual aid requests such as K-9 deployment.
10.
Requests for recall of personnel.
11.
Protests, labor disputes or civil disorder.
New 03/03/09
1
12.172
B.
12.
Personnel issues involving disciplinary measures above written
counseling.
13.
Requests for a media release.
14.
The Night Chief should be conferred for advice, direction or when
incidents are considered outside normal circumstances and may
have an impact on daily operations or affect the reputation or
perception of the Department.
Duties of the Night Chief.
1.
C.
In addition to all duties described in the job classification, these
duties are provided as a guide to assist in the daily responsibilities.
a.
The Night Chief generally is assigned to 2000 to 0400 hours.
b.
Notify PCS when on duty and provide your working hours and a
cell phone number for contact. Inquire if there are any
significant incidents.
c.
Set the portable radio to scan.
d.
Relief Lieutenants assigned Night Chief Duties are not required
to tour the city, but must monitor citywide operations and be
available to respond upon request.
e.
Captains will tour the city and indicate in the unit/section blotter
they have visited and inspected the facility.
f.
Once notified to respond to an incident, monitor the incident on
the radio while enroute, make sure an OIC has been designated
prior to your arrival and provide any needed assistance or
direction.
g.
Notify PCS when securing.
Administrative Duties.
1. Preparing Daily Rounds.
a.
Rounds should be documented on a Form 202A, Commanding
Officer’s Daily Time Report, found on the “H” drive.
b.
Submit daily rounds at the end of the tour. Forward email copies
to all captains, assistant chiefs and the Chief’s administrative
assistant.
c.
Begin the rounds with your starting time and who you notified at
PCS.
New 03/03/09
2
12.172
d.
The rounds should contain a list of your activities, observations
and any incidents you were notified of or responded to. List
each incident separately, including the time you were notified, by
whom, along with basic information about persons, places, and
facts involved.
e.
Incidents confidential or of sensitive nature should not be
reported in the rounds, but should be documented on a Form 17
and submitted through channels.
1)
New 03/03/09
Original citizen complaints that are not part of other
documented police action reported in the rounds, such as
use of force or injury to prisoner, should be emailed to the
Patrol Bureau Commander.
3
12.180
12.180 USE OF CRISIS NEGOTIATIONS TEAM
Reference:
Procedure 12.110 – Handling Mentally Ill Individuals and Potential Suicides
Procedure 12.175 – Use of Special Weapons and Tactics Unit
Standards Manual - 33.6.2, 46.1.4
Policy:
In a hostage, barricade, threatened suicide, or other applicable situation, a crisis
negotiations team will respond and attempt to resolve the situation by utilizing
the skills of trained police negotiators.
Procedure:
A.
B.
Duties and Responsibilities:
1.
Refer to Procedure 12.175, Section A.
2.
Should the crisis negotiations team be utilized without the Special
Weapons and Tactics (SWAT) team, the team leader will assume the
responsibility of supervising the tactical aspects of the operation.
When to Utilize the Crisis Negotiations Team:
1.
A negotiations team will respond during the event of a SWAT call-up
(Refer to Procedure 12.175).
2.
A supervisor may request a negotiations team respond when he
determines their services would be useful or upon recommendation of
a Mental Health Response Team officer, in resolving a passive
category situation that has not yet reached the criteria for utilizing
SWAT. Some examples of these type situations are:
a.
A person threatening suicide without the use of an offensive
weapon, such as a gun or knife (Bridge jumpers, overdose of
pills, etc.).
b.
A barricade situation in which the person is unarmed and poses
no serious physical threat.
c.
Any situation which could be peacefully resolved through the use
of trained police negotiators. Remember, the safety of police
and innocent persons is the highest priority in dealing with this
type of situation.
Rev. 7/01/02, Replaces 12/95
1
12.180
3.
C.
2.
The district supervisor will contact Police Communications
Section (PCS) to request a call-up of the crisis negotiations
team. Do not request a single negotiator; a team will respond
during the event of a call-up.
b.
PCS will contact the SWAT Commander for approval. The
SWAT Commander will direct a limited call-up of SWAT
personnel to support the negotiations team.
The requesting supervisor will submit a Form 17 Incident Report and
route to the following:
a.
Police Chief
b.
Patrol Bureau Commander
c.
District of occurrence
The crisis negotiations team leader will submit the proper reports to
the Police Chief.
Equipment and Inventory:
1.
E.
a.
Post Action Reports:
1.
D.
Activation
The Crisis Negotiations Team leader, or designee will inventory and
inspect negotiations team equipment after each training session and
call-up.
Recall Roster:
1.
Crisis negotiations team members will immediately notify the team
leader of any change of address or phone number.
2.
The team leader will provide an updated personnel recall roster to
PCS following any changes.
Rev. 7/01/02, Replaces 12/95
2
12.190
12.190 POLICE SUBSTATIONS
Reference:
Procedure 17.110 – Requisition and Inventory Control: Equipment Supplies, and
Services
Manual of Rules and Regulations
Purpose:
To identify a location within the community to work in partnership with the
citizens and provide access to police services.
To ensure every substation is properly acquired and maintained.
Policy:
The use of the substation is for official Police Department business. Only
authorized persons on official business are permitted in the substation. Any real
estate in which Police Department personnel or their immediate family have any
financial interest will not be considered for use as a substation. District
supervisors will conduct random inspections to ensure procedural compliance.
Information:
The Neighborhood Squad Sergeant is the official Department contact with the
property owner. The Police Department will consider a site for a substation
based on the following criteria/conditions:
•
Twenty-four hour accessibility
•
Restroom accessibility
•
Decals or other signage identifying facility as a Cincinnati Police Department
substation must be visible from the outside. The Cincinnati Police
Department will provide decals.
•
Provide one telephone for police use.
•
Provide one desk, two chairs and a filing cabinet.
•
Provide keys to utilities and all access doors.
•
Provide general building maintenance.
•
Nothing in this procedure precludes the provision of items by sources other
than the property owner, upon approval from the Police Chief.
Revised 08/19/03, Replaces 05/13/03
1
12.190
Procedure:
A.
B.
C.
D.
Approval Process
1.
The Neighborhood Squad Sergeant will conduct the initial site
assessment of the prospective substation and complete the
Substation Request Form (Form 17SS). Submit, Form 17SS with
recommendations from Neighborhood Squad Sergeant, via chain of
command.
2.
The District Commander will review the Form 17SS and forward with
recommendations to the Patrol Bureau Commander.
3.
The Patrol Bureau Commander will review the Form 17SS and
forward with recommendations to the Police Chief.
Use of Facility
1.
Police personnel will notify Police Communications Section (PCS) of a
directed patrol while at a substation.
2.
Police personnel will notify the Neighborhood Squad Sergeant of any
deficiencies or problems that exist.
Access Keys/Alarm Codes
1.
The Neighborhood Squad Sergeant will determine distribution of
keys/alarm codes to beat personnel. Upon transfer from a district all
police substation keys will be returned to the Neighborhood Squad
Sergeant.
2.
The Neighborhood Squad Sergeant will ensure that all key(s)/alarm
code(s) are available for:
a.
All District Supervisors
b.
Inspections Section
Substation Inspections
1.
Shift supervisors will conduct random inspections of police
substations.
2.
The Neighborhood Squad Sergeant will conduct monthly inspections
of all substations.
a.
The Neighborhood Squad Sergeant will complete a Form 17 MS,
Monthly Substation Form and a Form MSI, Monthly Substation
Inspection
Checklist. These forms must be completed by the
15th of each month, noting the results of the monthly inspection.
1)
Forward the Form 17MS and the Form MSI with comments
to the District Commander for approval.
Revised 08/19/03, Replaces 05/13/03
2
12.190
b.
Maintain the original Form 17MS and Form MSI at each district
for random access by Inspections Section.
c.
Forward a copy of Form 17MS and attached to Form 17MS a
Form MSI, Monthly Substation Inspection Addendum for each
substation to COP Coordination Unit.
Revised 08/19/03, Replaces 05/13/03
3
12.200
12.200 SNOW EMERGENCIES AND HAZARDOUS ROAD
CONDITIONS
Reference:
Cincinnati Municipal Code 502-25 - Snow Emergency
Cincinnati Municipal Code 508-34 - Special Parking Restrictions
Ohio Revised Code Section 2921.331 – Failure to Comply with Order or Signal
of Police Officer
Purpose:
Outline an orderly process to be followed when roadways become hazardous
due to snow or ice.
Expedite traffic movement when road conditions are hazardous due to inclement
weather.
Information:
The City Manager will declare and cancel all City snow emergencies. City snow
emergencies will be directed at restricting parking along snow emergency routes.
This information will be transmitted to Police communications Section (PCS) by
the City Manager, or the designee, who will normally be the on-duty Public
Services supervisor.
The Hamilton County Sheriff will declare and cancel all Level 3 snow
emergencies. This information will be transmitted to Police Communications
Section (PCS) by the Hamilton County Communications Center. When a Level 3
snow emergency is declared, all highways and roadways, including those within
the City of Cincinnati, are closed to non-emergency personnel. Those traveling
on highways and roadways are subject to arrest per Ohio Revised Code Section
2921.331.
The City Manager has designated the Public Information Office (PIO)
Commander as the media liaison for the City of Cincinnati during all City or
County snow emergencies. The PIO Commander will work directly with the
Traffic and Road Operations Department to ensure the accurate and timely
release of all information during a snow emergency.
If an emergency is declared, the owner/operator of a vehicle must move the
vehicle from the snow emergency route immediately.
Rev. 03/08/05, Replaces 02/03/04
1
12.200
Procedure:
A.
Hazardous Road Conditions
1.
When hazardous conditions are probable, uniformed field personnel
will routinely check primary traffic routes, and if conditions warrant,
notify the shift officer in charge (OIC).
2.
During severe weather, responding to vehicle accidents and making
accident reports in which the vehicles are drivable and there are no
injuries can be suspended by the following command officers:
3.
a.
Monday-Friday: Patrol Bureau Commander or his designate,
0400-2000 hours, 24 hours on holidays; 2000-0400 hours, Night
Chief
b.
Saturday, Sunday: Duty Officer, 24 hours
Activating and terminating flashing lights
a.
If conditions warrant, the district OIC will direct field personnel to:
1)
Place traffic control signals on flashing cycle at hazardous
intersections (see Section A.4.b. for suggested locations).
2)
Return lights to regular cycle after hazardous conditions
have been eliminated.
NOTE: Extreme caution should be exercised in the use of
flashing traffic control signals, especially at school
crossings.
b.
Field personnel will notify the district of street conditions and that
traffic signals have been placed on flashing. District desk
personnel will in turn notify the Public Services dispatcher of the
signals that have been put on flashing.
1)
Obtain the name of person notified.
2)
District personnel will make a blotter entry. The blotter
entry will include time, location, reason, officer making light
change, and the name of the Public Services dispatcher
notified.
a)
3)
A blotter entry will be noted when the lights are
returned to normal cycle.
District supervisors will review these blotter entries during
their current tour of duty.
Rev. 03/08/05, Replaces 02/03/04
2
12.200
c.
As soon as an intersection where red or amber lights are
flashing has been treated, the Public Services supervisor in
charge will notify the Public Services Communications Center,
who will, in turn, notify the designated Transportation and
Engineering personnel. Transportation and Engineering
personnel, upon examining conditions at the flashing light
location, will exercise their discretion whether to return the light
to normal operation or retain the flashing cycle.
1)
4.
Both Transportation and Engineering personnel and the
Police have the discretionary responsibility to return the
flashing light to normal operation if, in their opinion, it will
alleviate an undesirable traffic condition. Transportation
and Engineering Department has final authority in case of
disagreement.
The shift OIC will:
a.
Reroute traffic only when absolutely necessary.
b.
Assign Police personnel to key intersections when conditions
prevent the use of traffic control signals.
SUGGESTED LOCATIONS
District One
1)
Third Street and Broadway
2)
Third and Elm Streets
3)
Fourth and Elm Streets
District Two
1)
Columbia Parkway and Delta Avenue
2)
Columbia Parkway and Torrence Parkway
3)
Columbia Parkway and Tusculum Avenue
4)
Delta Avenue and Griest Avenue
5)
Delta Avenue and Observatory Avenue
6)
Madison Road and Observatory Avenue
7)
Paxton Avenue and Erie Avenue
8)
Paxton Avenue and Marburg Avenue
9)
Beechmont Avenue and Redfield Place
10) Hackberry Avenue and Taft Road
Rev. 03/08/05, Replaces 02/03/04
3
12.200
11) Dana Avenue and I-71 (NB entrance ramp) (SB exit ramp)
District Three
1)
Harrison Avenue and Queen City Avenue
2)
Eighth Street and State Avenue
3)
Hopple Street and Beekman Street
4)
Grand Avenue and Warsaw Avenue
District Four
1)
Reading and Paddock Roads
2)
Reading Road and Seymour Avenue
3)
Gilbert Avenue and Eden Park Entrance
4)
Gilbert Avenue and Victory Parkway
5)
Madison Road and Vista Avenue
6)
Victory Parkway and Dana Avenue
District Five
1)
Central Parkway and Western Hills Viaduct
2)
Ravine and McMillan Streets
3)
Knowlton's Corner
4)
Lafayette Avenue and Ludlow Avenue
5)
Middleton and Ludlow Avenues
6)
3035 Jefferson Avenue (Jefferson and W. St. Clair)
7)
Woodside Place and W. St. Clair Avenue
8)
3217 Clifton Avenue (Good Samaritan Hospital)
9)
Blue Rock Road and Colerain Avenue
10) Spring Grove Avenue and Winton Road
Rev. 03/08/05, Replaces 02/03/04
4
12.200
5.
Placement of barricades
a.
If it becomes necessary to place barricades (see locations), the
district beat officer will respond to the storage place(s) and place
a barricade(s) at a needed location(s).
1)
2)
B.
Notify district of placement of barricade(s).
a)
District desk personnel will notify CIN-1 - Line 2938.
b)
Both units will maintain a log.
PCS will issue an All County Broadcast (ACB) and notify
Fire Dispatch to send a General Broadcast (GBDC)
teletype advising emergency units county wide of the
location of street(s) that have been barricaded.
b.
District Personnel, when weather conditions permit, will return
the barricades to their place of storage and notify the district to
place a disposition in the blotter that they have returned the
barricades to storage. Personnel assigned to retrieve the
barricades will notify a supervisor of any that are not found at the
assigned location.
c.
Districts are responsible for marking the barricades as “Police
Department Equipment” and will note on the barricade the
location that it must be returned to.
d.
District Personnel will notify CIN-1 – Line 2938 what streets have
been re-opened.
e.
PCS will issue an ACB, notify Fire Dispatch and send a GBDC
teletype advising emergency units county wide of the location of
street(s) that have been re-opened.
Snow Emergencies
1.
City of Cincinnati snow emergencies
a.
After notification by the City Manager, or the designee, of the
official City snow emergency declaration, PCS will record the
time of the notification. PCS will notify all units of the
Department by radio and teletype, including the Night Chief, if it
occurs during duty hours.
1)
The OIC of each district will also be notified, via telephone
by PCS, and informed of the reporting time and location for
detailed personnel.
2)
District supervisors will ensure all uniformed personnel
have a current copy of the Snow Emergency Route Street
Listing, which can be obtained from Traffic Unit.
Rev. 03/08/05, Replaces 02/03/04
5
12.200
b.
PCS will notify the PIO Commander who will become the media
liaison for the City of Cincinnati during the snow emergency.
The PIO Commander will be recalled if the snow emergency is
declared after duty hours.
c.
PCS will notify the news media, via voice mail, of the declaration
of the snow emergency. PCS will inform the news media that
the PIO Commander will be their point of contact within the City
of Cincinnati.
d.
PCS will notify the on-duty Traffic Unit supervisor of the snow
emergency, who will become the snow emergency vehicle
removal detail supervisor.
1)
If no Traffic Unit supervisor is working, one will be recalled.
a)
If no Traffic Unit supervisor can be contacted, the
Patrol Bureau Commander or the Night Chief will
designate an on-duty supervisor to be the snow
emergency vehicle removal detail OIC.
1]
PCS will keep on file an updated copy of the
Traffic Unit Standard Operating Procedure
(SOP) on snow emergencies for use by this
designated supervisor.
a]
The most current copy of the Snow
Emergency Route Street Listing will be
obtained from Transportation and
Engineering and included as part of the
SOP.
b]
The Traffic Unit Commander will be
responsible for keeping the PCS copy of
the Traffic Unit Snow Emergency SOP
updated.
d.
PCS will notify two wreckers from the rotation list for each district
to respond to the Public Services Garage, 3300 Colerain
Avenue, at the specified time. The time will be determined by
the Public Services Department.
e.
The Police Department will provide ten officers. Two officers
and two marked police vehicles from each district will be detailed
as snow emergency vehicle removal units. The district OIC will
notify PCS of the detailed units.
1)
Traffic Unit will provide a supervisor to ensure supervision
of these officers who will be working in conjunction with
other city agencies.
Rev. 03/08/05, Replaces 02/03/04
6
12.200
a)
The detail supervisor will meet with the Public
Services supervisor to determine their priorities for
the operation. The detail supervisor will then assign
his officers accordingly.
1]
2)
The detail supervisor will notify PCS of call
numbers and areas of assignment for the
detailed units.
Snow emergency vehicle removal units will report to the
Public Services Garage at a designated time (usually one
hour before plowing begins) to be briefed on their duties
and areas of assignment.
a)
The primary responsibility for removal of vehicles on
snow emergency routes will be with the snow
emergency vehicle removal units. Each removal unit
will be assigned a private wrecker.
b)
The following guidelines will be followed for issuing
citations:
1]
If the snow emergency is declared between
2100 and 0500 hours, issue citations after 0800
hours.
2]
If the snow emergency is declared between
0500 and 2100 hours, issue citations three
hours after the time the snow emergency is
declared.
a]
c)
If the snow emergency is declared
between 0500 and 0800, a “move only” will
be utilized in order to facilitate the snow
removal process without issuing a citation.
All personnel are reminded to exercise discretion
during a snow emergency.
1]
Make every possible effort to contact the
owner/operator of a vehicle before it is moved.
2]
Ensure the position of the vehicle is affecting the
free and safe movement of traffic.
3]
Ensure relocation of the vehicle will improve the
traffic situation.
4]
Ensure each district desk person has a list,
updated hourly, of streets cleared of vehicles
along snow emergency routes.
Rev. 03/08/05, Replaces 02/03/04
7
12.200
d)
If the owner/operator is located, the snow emergency
vehicle removal officer on the scene will advise the
owner to move the vehicle to a location not on the
snow emergency route or the vehicle will be moved
by the police.
e)
If the owner/operator is not located, or does not move
the vehicle after being notified, the snow emergency
vehicle removal officer will:
1]
Cause the assigned detail wrecker to relocate
the vehicle.
a]
2]
f)
g)
Have the wrecker driver move the vehicle
to a nearby non-critical area (complete a
Form 369, Towing Report). If there is not a
non-critical area available, tow the vehicle
to the Impound Unit (complete a Form
369).
Issue a citation if three hours have passed since
the declaration of the snow emergency and the
owner/operator does not move the vehicle after
being notified to do so.
When a wrecker is used to move a vehicle, complete
a Form 369 in duplicate for each vehicle being
moved.
1]
Be specific and complete every blank of the
Form 369, if possible.
2]
Under "Is Car Locked," indicate if car was
opened and re-secured.
3]
Under "Other Information," give location to
which the vehicle was moved, and list the name
of the towing company.
4]
The officer must clearly sign his first and last
name and list his badge number.
a]
Original will be given to the wrecker driver
as a receipt to use in collecting his towing
fee.
b]
Duplicate will be verified and initialed by
the detail supervisor who will forward the
Forms 369 to the Impound Unit by 0800
hours the following day.
If a vehicle is towed to the Impound Unit by a private
wrecker, complete the appropriate form and send it
with the wrecker driver.
Rev. 03/08/05, Replaces 02/03/04
8
12.200
h)
Any time a vehicle is moved or impounded,
immediately supply the district with the time, original
location, the location it was moved to, make of
vehicle, and license number.
i)
Each district will maintain a file on all vehicles
relocated.
1]
f.
2.
C.
Inquiries concerning relocated vehicles will be
referred to the appropriate district.
District personnel will conduct a continual survey of the snow
emergency routes in their districts, giving special attention to:
1)
Inbound lanes from 2300 hours to 1100 hours.
2)
Outbound lanes from 1100 hours to 2300 hours.
g.
Appropriate enforcement action and vehicle removal will be
continued until the snow emergency is cancelled, regardless of
whether plowing is complete or not.
h.
The City Manager, or the designee who will normally be the on
duty Public Services supervisor, will notify PCS upon the
termination of the snow emergency. PCS will record the time of
the notification. PCS will notify all units of the Department by
radio and teletype, including the Night Chief if notification occurs
during duty hours.
Hamilton County Level 3 snow emergencies
a.
After notification by the Hamilton County Communications
Center of the official Level 3 snow emergency declaration, PCS
will record the time of the notification. PCS will notify the
Patrol/Resource Division Commander or the Duty Officer.
b.
PCS will notify the PIO Commander who will become the media
liaison for the City of Cincinnati during the snow emergency.
The PIO Commander will be recalled if the snow emergency is
declared after duty hours.
Preparation of Police Automotive Equipment
1.
Cable chains will be put on at all districts as well as Fleet Services
main facility.
a.
Any district needing chains to be put on will notify Fleet Services,
Line 352-3681.
b.
Regular district mechanics in Districts One, Two, Three, Four
and Five will install chains during work hours.
Rev. 03/08/05, Replaces 02/03/04
9
12.200
2.
c.
If during the off hours, Fleet Services (if notified by a Police
supervisor), will recall personnel to respond to Districts One,
Two, Three, Four and Five.
d.
All rear wheel drive vehicles will have cable chains available.
1)
All personnel should be instructed to exercise care when
driving with cable chains to prevent vehicle damage.
2)
Broken links will be repaired or removed by Fleet Services
personnel as soon as possible with minimum driving.
City policy states city owned vehicles should not be started and
allowed to run if not in use, regardless of the number of days the
vehicle has not been used. Severe temperature, such as 0 or below,
will not modify the City's position on this issue. The only requirement
in severe weather is for the operator of the vehicle to turn on the
headlights and light bar for 1 – 2 minutes while the vehicle is running
prior to driving to allow the snow to begin to melt from these lights.
BARRICADE STORAGE LOCATIONS
District 1
Martin St. & Eden Park Dr. All stored at District 1
Hill St. & St. Gregory Ave.
Paradrome at Louden St.
District 2
Francis Ln. at Victory Parkway - All stored at District 2
Collins Ave. & Wm. Howard Taft Rd.
EB McMillan Ave. at Hackberry
SB Torrence Pkwy. at Madison Road
NB Herschel View at Observatory Ave.
SB Paxton Ave. at Ziegle Ave.
Rev. 03/08/05, Replaces 02/03/04
10
12.200
District 3
Faraday Rd. at President Dr. - Five barricades at Fire Station, 2131 State Avenue
Worthington Ave. at 3096
Bassett Rd. at Woodlawn Ave. - Five barricades at District 3
Grand Ave. at Lehman Rd.
Mt. Hope Ave. at Ansonia Ave.
Seegar Ave. at Fairmount Ave.
Wilder Ave. at Glenway Ave.
White St. at Harrison Ave.
Sutter St. at Bleecker Ln.
Lehman Rd. at 2860
District 4
Dorchester St. at Highland Ave. - All stored at District 4
Sycamore St. at Dorchester St.
District 5
Ashtree Ave. at Hamilton Ave - All stored at Public Services Garage 3300
Colerain Avenue Dispatcher’s Office
Kirby Ave. at North Bend Rd.
Ravine St. at Warner St.
Straight St. at Ravine St.
Central Parkway at Marshall Ave.
Rev. 03/08/05, Replaces 02/03/04
11
12.205
12.205 TRAFFIC ENFORCEMENT
Reference:
Procedure 12.225 - Vehicular Crash Reporting
Procedure 12.240 - Ohio Multi-count Uniform Traffic Ticket (MUTT)
Procedure 12.537 – Mobile Video Recording Equipment
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and Felony
Offenders
Procedure 12.900 - Processing Juvenile Offenders
Procedure 19.140 - Outside Employment
Procedure 12.554 – Investigatory Stops
Cincinnati Municipal Code Chapter V
City of Cincinnati Police Pamphlet
Ohio Revised Code - Motor Vehicle Laws
City Ordinance 88-2001
Purpose:
To afford the public a fair measure of enforcement consistent with the objectives of
efficient traffic regulation, accident investigation, and relieving traffic congestion.
To employ discretion as directed in borderline cases when:
- There is a reasonable possibility of human error in judgment on the part of either the
police officer or the public.
- There is a logical possibility of malfunction of mechanical equipment without
knowledge or intent on the part of the driver.
- The content of the particular law, which was violated, is not common knowledge.
Policy:
No law enforcement agency should condone or promote the use of any illegal profiling
system in their enforcement program. Any member of the Department who engages in
illegal profiling shall be subject to disciplinary action, in accordance with applicable civil
service law, up to and including dismissal, and may face claims of civil rights violations
in Federal court.
Officers must ensure video and audio recording equipment is activated when operating
in emergency mode and when participating in traffic stops and pursuits. Recording will
continue until the traffic stop is completed and the stopped vehicle departs, or until the
officer’s participation in the stop ends.
Except in exigent circumstances, when a citizen is stopped or detained and then
released as part of an investigation, the officer will explain to the citizen in a
professional, courteous manner why he or she was stopped or detained.
For purpose of the above sentence, the term “exigent circumstances” refers only to
those conditions occurring after the stop has been made which, for safety reasons,
would make it unreasonable for the officer to remain at the scene of the stop to explain
the basis for the stop.
Rev. 12/02/03, Replaces 02/25/03
1
12.205
Department personnel will provide assistance to any motorist in need of general
assistance on the highway. This includes those needing towing services or other
mechanical assistance, seeking directions, stranded, or in need of other emergency
assistance. Personnel will make the necessary corrective actions or notifications when
they encounter inoperable or damaged traffic control devices, roadway defects, debris,
or any other hazardous roadway conditions.
Department personnel will not provide emergency escorts. Routine requests for escort
services that may affect the flow of traffic will be referred to District One.
Information:
The Cincinnati Municipal Code Ordinance No.88-2001 requires the collection of the
following information for all motor vehicle stops:
•
The number of vehicle occupants;
•
Characteristics of race, color, ethnicity, gender and age of such persons, provided
the identification of such characteristics shall be based on the observation and
perception of the police officer responsible for reporting the stop and the
information shall not be required to be provided by the person stopped;
•
The nature of the stop;
•
The location of the stop;
•
If an arrest was made, the misdemeanor or crime charged;
•
If a search was conducted, whether the individual consented to the search, the
probable cause for the search, whether the individual’s property was searched,
and the duration of the search;
•
Whether any contraband was discovered in the course of the search and the type
of any contraband discovered;
•
Any additional information that the Police Chief deems appropriate.
This information will be collected on a Form 534, Contact Card. Officers are required to
complete a Contact Card for all motor vehicle stops.
Rev. 12/02/03, Replaces 02/25/03
2
12.205
Procedure:
A.
Traffic Enforcement
1.
On-duty enforcement will be guided by the following:
a.
On ALL motor vehicle traffic stops, officers will complete a Contact
Card and submit it with their worksheets at the end of the shift.
b.
When participating in traffic stops, officers must ensure video and
audio equipment is activated.
c.
Take appropriate enforcement action whenever a violation is detected,
including provable violations determined as the result of accident
investigations.
1)
Handle juvenile traffic offenders as outlined in Procedure 12.900,
Processing Juvenile Offenders.
d.
Traffic law enforcement activities will be primarily but not exclusively
selective; e.g., directed toward accident causing violations.
e.
Officers will not engage in at rest patrol or stationary observation during
the heavy traffic hours of 0600-0900 and 1500-1800 weekdays, other
than holidays, except while performing speed enforcement in school
zones.
1)
Traffic enforcement activities will include locating and relieving
traffic congestion and hazards on arterial highways, minimizing
interference with the flow of traffic, and being alert to traffic
conditions.
f.
Objectively enforce parking regulations.
g.
Members encountering problem conditions which are the responsibility
of other city agencies (Traffic and Road Operations Division, Public
Utilities, etc.) will complete a Form 318, Report of Conditions Affecting
Other Departments, in triplicate and distribute as follows:
h.
1)
Fax a copy of the Form 318 to Public Services, Customer Service
at 591-6027.
2)
Original is sent to Public Services, Customer Service via
interdepartmental mail.
3)
Copy to the City Solicitor’s Office.
4)
Copy filed at the initiating unit.
When traffic violators are stopped for violations, which under normal
conditions, merit a citation, and the officer involved believes a physical
arrest on the traffic violation is necessary, he will call his supervisor to
the scene. The responding supervisor will make the final decision.
Rev. 12/02/03, Replaces 02/25/03
3
1)
i.
12.205
If the traffic violator conducts himself in a disorderly manner, or
when there is a violation other than a traffic offense, the officer
may decide to arrest and use discretion in requesting a supervisor
to respond.
In order for a person to legally drive a vehicle in Ohio, a person must be
legally licensed (ORC §4507.02). That means either this state, or
some other state has conferred upon the driver the privilege to drive,
and that privilege is still in effect. There is no requirement for the
operator of a motor vehicle to carry, or have about his person, a drivers
license. Consequently, the mere lack of a drivers license on his person
is not probable cause for an arrest. However, a person may be
arrested under the following conditions:
1)
Pursuant to §4507.35, if a driver does not have his license, and
fails to provide satisfactory proof of a valid license, there is a legal
presumption that he does not in fact have a valid license. Under
those circumstances, the officer has probable cause to arrest the
individual for a violation of §4507.02.
2)
A person supplies satisfactory evidence of his license status by
providing the officer with sufficient information, which will allow the
officer to verify that license status from the state BMV.
Examples:
- If a person supplies a name and social security number
which, when run through the BMV, does return a description
which matches the suspect and does indicate that the license
is valid, then sufficient evidence of a valid license has been
provided. No further action is warranted.
- If a person supplies a name and social security number
which, when run through the BMV, returns a description which
indicates that there is a valid license under the name
submitted, but the descriptive information does not match the
subject, then sufficient evidence of a valid license has not
been provided and an arrest may be made under §4507.02.
Falsification and/or Obstructing Official Business may be
additional options.
- If a person supplies a name and social security number and
the officer is unable to run that information through the BMV
due to the system being down and has no other way to verify
the existence of a valid license, then sufficient evidence of a
valid license has not been provided and an arrest may be
made under §4507.02. With the availability of both police
radios and MDTs, this situation should rarely occur.
Rev. 12/02/03, Replaces 02/25/03
4
3)
j.
2.
a)
This offense may be hard to establish, since the failure to
have a license on his person does not give the officer the
right to conduct a pat down or search for the license.
Consequently, in cases where an individual tells the officer
that he does not have a license on him, when in fact he
does, but provides sufficient information to the officer to
determine a valid license does exist, that person has
committed a violation of §4507.35, but the officer may not
know it.
b)
This violation will normally be charged where the license is
discovered pursuant to a search incident to a lawful arrest
for some other incident (such as an open warrant or capias),
or where the individual later admits to the officer he really
does have the license on him.
Officers encountering violations of Cincinnati Municipal Code (CMC)
Section 506-11, Railroads Crossing Highways at Grade, will obtain the
full name of the railroad company, its local business address, the name
of the local ticket or freight agent, the name of the conductor of the
train, and the name and address of the complainant, if any.
1)
k.
12.205
Pursuant to §4507.35, if a driver does have his license on his
person, and refuses to display that license upon the demand of
the officer, such action does constitute a first-degree
misdemeanor. The person should be charged with a violation of
§4507.35.
A district supervisor will respond to the scene to conduct an
investigation.
a)
Do not make citations or physical arrests solely for violation
of CMC Section 506-11.
b)
For violations in excess of 15 minutes, submit a Form 17
through the Patrol Bureau to the Municipal Court
Prosecutor's Office requesting a court summons for the
railroad company.
Officers engaged in police related outside employment are considered
on duty for purposes of this procedure and should conduct themselves
accordingly.
Off-duty enforcement guidelines
a.
Off-duty officers who determine enforcement action is appropriate will
contact Police Communications Section (PCS) to request an on-duty
police officer and supervisor to respond to the scene to conduct the
investigation. This applies to off-duty officers not engaged in police
related outside employment, as defined in Procedure 19.140, Outside
Employment.
1)
If possible, the on-duty officer will make the arrest/citation with the
off-duty officer serving as a witness.
Rev. 12/02/03, Replaces 02/25/03
5
12.205
2)
The Department recognizes that in some cases an officer must
take immediate action. In these cases, as soon as possible, the
officer will contact PCS to request an on-duty supervisor to
respond to the scene.
a)
3)
B.
The responding supervisor will investigate the situation and
submit a Form 17 to the Police Chief detailing the
circumstances of the incident.
Officers will not try to stop vehicles while off duty unless it is a
serious life-threatening situation.
Traffic Enforcement Guide
1.
Individual police officer discretion and on-scene supervisory decisions should
be guided by policy and specific situations.
2.
Lack of hazardous circumstances in borderline violations may warrant
enforcement action less than citation; i.e., warning.
Examples:
503-1 - Lights, General
Citation - Recurring violation, violation after
warning, violation caused accident, or aggravated
circumstances.
Warning - Most violations, with officer discretion
dictated by above.
506-39 - Emerging from Alleys or Driveways
Citation - Failed to stop, stopped at place other
than designated place (stop line) and interfered
with pedestrian or vehicular traffic, or involved in
accident with skidmarks crossing stop line.
Warning - Stopped but not at designated place
(stop line) and did not interfere with traffic.
a.
3.
Do not issue warnings for violations causing accidents.
Police officers must familiarize themselves with the City of Cincinnati Police
Pamphlet and Ohio Revised Code - Motor Vehicle Laws for the legal
requirements of each ordinance.
Rev. 12/02/03, Replaces 02/25/03
6
12.205
C.
Speed Enforcement
1.
Use only those speed measuring devices or methods approved by the Police
Chief to enforce any ORC (Ohio Revised Code) or municipal ordinance
relating to speed. They include measuring speed via pacing, radar, and
laser.
2.
Speed measuring devices will not be used if any known condition exists that
endangers the officer or the public. Officers must use sound judgment when
considering weather conditions, roadway conditions, traffic congestion, time
of day, etc., before initiating the use of a radar or laser unit.
a.
D.
Check radar and laser units daily for proper operation and calibration
before using to enforce any ORC or municipal ordinance relating to
speed. Immediately remove radar and laser units from service if the
devices fail any portion of the calibration check procedure or are found
to be in a state of disrepair.
1)
Return radar and laser units in need of repair to the Traffic Unit.
They will coordinate the repair by the manufacturer or authorized
representative. Make a unit blotter entry indicating the device has
been removed from service.
2)
Traffic Unit will provide a spare radar or laser unit if available.
b.
Radar and laser units will be examined and field certified annually by
their manufacturer or authorized representative for accuracy of the
device and calibration accessories.
c.
Traffic Unit will maintain records of all radar and laser unit certifications
as well as all repairs performed on these units.
Pacing
1.
Pacing is the act of following a violator’s vehicle at the same speed for a
given distance, maintaining a set distance between the two vehicles, to
establish the violator’s speed. Speeds are determined by comparing the
police vehicle’s calibrated speedometer or speed measuring device to the
speed of the violator’s vehicle. A pacing distance of one-fourth of one mile is
required before determining the violator’s speed and enforcing any ORC or
municipal ordinance relating to speed.
a.
Pacing vehicles will not be used if any known condition exists that
endangers the officer or the public. Officers must use sound judgment
when considering weather conditions, roadway conditions, traffic
congestion, time of day, etc., before pacing is used to enforce any ORC
or municipal ordinance relating to speed.
Rev. 12/02/03, Replaces 02/25/03
7
b.
12.205
All marked vehicles are equipped with field certified speedometers
upon receipt by the Police Department. Additionally, each marked
vehicle’s speedometer is professionally checked and certified accurate
before the vehicle is put into service.
1)
Certificates of accuracy for all marked Department vehicles are
maintained by Fleet Management Unit.
2)
Officers notified for court regarding a speeding citation issued
based on the pacing of the violator’s speed must contact the Fleet
Management Unit as soon as possible upon receiving the court
notify.
a)
The Fleet Management Unit will assist the officer in having
the vehicle’s speedometer recertified before the court date
to ensure the proper evidence is available in the event the
case goes to trial.
Rev. 12/02/03, Replaces 02/25/03
8
12.210
12.210 TRAFFIC CONTROL: MAJOR THOROUGHFARES
References:
Procedure 12.225 - Vehicular Crash Reporting
Purpose:
To ensure the safe and orderly flow of traffic during peak traffic hours, planned or
unexpected repair and/or when roadways are under construction.
Procedure:
A.
General Guidelines:
1.
2.
3.
B.
When stopped on heavily traveled or unlighted streets or highways to
provide traffic control, officers will:
a.
Activate all the emergency flashing lights of their vehicle.
b.
Remove the police vehicle from the traveled portion of the
highway, whenever possible.
c.
Use flares and traffic cones whenever possible.
d.
Wear the blue safety vest when outside of their vehicles and in
the street for extended periods or directing traffic.
Officers on the scene of any incident requiring an expressway or
major artery to be closed to vehicular traffic will:
a.
Immediately notify Police Communications Section of the
circumstances and conditions that necessitate the closure.
b.
Immediately notify their supervisor of the problem and any action
taken.
Supervisors will:
a.
Ensure sufficient traffic posts are set to reroute traffic.
b.
Monitor the situation and have the road opened to traffic as soon
as possible after the incident has been brought to a conclusion
or when conditions allow for the safe use of the roadway.
Rush Hour Traffic Control:
1.
Patrol officers will constantly patrol from 0600 to 0900 and 1500 to
1800 hours on weekdays, other than holidays.
a.
Generally, except radio runs, exclude non-emergency services
during these hours.
Rev. 02/10/04 Replaces 12/02/03
1
12.210
2.
b.
District/Traffic Unit uniformed personnel will remain on moving
patrol whenever possible. Uniformed patrol officers will not stop
to eat during these hours.
c.
In inclement weather, hold roll call briefing to a minimum.
d.
Patrol officers will give attention to major thoroughfares with
0600 to 0900 and 1500 to 1800 parking restrictions.
e.
District supervisors will inspect the major arteries of their districts
for violations of 0600 to 0900 and 1500 to 1800 parking
restrictions and other traffic impediments.
Take immediate action upon finding traffic congestion or hazardous
roadway conditions.
a.
Notify Police Communications Section (PCS) if assistance is
needed, e.g., signal 38, an additional officer to direct traffic, etc.
1)
3.
When a disabled vehicle interferes with heavy traffic movement, the
first uniformed officer on the scene will attempt to alleviate the
situation.
a.
Whenever possible, do not park the police vehicle in a manner
that will hamper traffic flow, or block driveways or traffic control
devices.
1)
b.
4.
C.
Nonuniform members will also advise PCS of traffic
congestion.
If possible, park in a safe position ensuring approaching
motorists a clear field of vision with enough distance for
braking and merging into traffic.
If it is not possible to move a disabled vehicle immediately, notify
PCS what assistance is needed. Direct the traffic around the
disabled vehicle while waiting for assistance.
Unit supervisors should respond to inspect conditions at major
accidents and fires.
Roadway Repair Details Using Marked Police Vehicles:
1.
Detail Coordination Unit will ensure that any entity that hires a traffic
detail receives a copy of Procedure 12.210 when the Letter of
Understanding is completed.
a.
Detail Coordination Unit will instruct the employer that they will
be held to the content of this procedure.
Rev. 02/10/04 Replaces 12/02/03
2
12.210
2.
Detail Coordination Unit will assign all roadway repair details.
a.
Detail Coordination Unit will forward a copy of any/all highway
maintenance details to the district of occurrence.
1)
It will be the responsibility of the district supervisor for that
shift to respond and inspect the detail (including setup on
the interstate).
3.
The location, time, and speed limit of the repair site will dictate the
number of police officers needed for a detail. This applies to both onduty and off-duty details.
4.
Uniformed police officers and marked vehicles are used to protect
roadway repair details by directing and slowing traffic around the
repair site and crew.
a.
5.
Detail officers will not leave their posts to pursue vehicles
violating the safety zone(s). The detail officer will give PCS a
description for a "traffic wanted" broadcast.
The only authorized types of traffic control for roadway repair details
are:
a.
A stationary lane closure on the expressway: This is a stoppage
of traffic in the number of lanes that allows safe completion of the
repair work. This could be all moving lanes of the expressway
depending on the location (e.g., curve), or a single lane.
b.
A moving lane closure on the expressway: This is a slowing
down of traffic in the lanes being worked in. Where the distance
and number of entrances permit, two officers will slow all traffic
to about 5 MPH to allow the repair crew to move forward and
complete the repairs before the moving block approaches. This
minimizes the stopping of traffic.
c.
Repair work not on the expressway system or on streets where
the speed limit is 35 MPH or less: A district supervisor will
evaluate the repair site to determine the number of officers and
the traffic control pattern needed.
d.
Emergency repair work: This is unplanned work that is
immediately needed and can be done in a short time span. Two
on-duty officers will be dispatched to meet the supervisor from
Public Works. One of the above types of traffic control must be
used.
1)
District supervisors will ensure that detail officers are
relieved to avoid overtime costs to the Police Department.
2)
Emergency repair work will not interfere with the movement
of traffic for extended periods.
Rev. 02/10/04 Replaces 12/02/03
3
12.210
3)
Avoid repair work during peak traffic hours, 0600 to 0900
and 1500 to 1800, unless the condition to be repaired is an
extreme hazard to the motoring public.
6.
If there is disagreement with the repair crew supervisor, or any
question about the traffic control methods to be used, the detail officer
will immediately contact a police supervisor from the district in which
the repair work is to be done.
7.
Descriptions and charts depicting the authorized traffic control
patterns (minimum requirements):
NOTE:
The flow pattern allows adequate warning of restricted area
and a gradual escape for the inattentive motorist.
CHART 1 - STATIONARY LANE CLOSURE(EXPRESSWAYS
AND OTHER ROADS OVER 35 MPH)
Arrow
Board
Police
Supervisor
Vehicle
Truck
Police
Crew
Workers
Vehicle
Truck
*
*
Detail
*
Officer
*
*
*
*
*
*
*
CONE PATTERN
* * * * *
*
*
*
*
*
*
*
*
*
*
DIRECTION OF TRAFFIC
a.
Stationary lane closures on multilane roads with speeds over 35
MPH (refer to Chart 1 above)
1)
Stationary signs in advance of closure
a)
Location and number of signs determined by the
repair crew supervisor.
2)
Traffic cone pattern
3)
Arrow Board
4)
Police officer and marked vehicle.
a)
5)
The officer will take a position outside his vehicle to
monitor or direct oncoming traffic, as needed.
Repair crew supervisor vehicle
Rev. 02/10/04 Replaces 12/02/03
4
12.210
6)
Second police officer, with a marked vehicle, if warranted
(as determined by the traffic detail supervisor). The officer
will be outside the vehicle.
7)
Vehicle for repair crew
8)
Workers
CHART 2 - MOVING LANE CLOSURE (EXPRESSWAYS
AND OTHER ROADS OVER 35 MPH)
Arrow
Board
Police Supervisor Police
Crew
Vehicle Truck
Vehicle Truck
Workers
DIRECTION OF TRAFFIC
b.
Moving lane closures on multilane roads with speeds over 35
MPH (refer to Chart 2 above).
1)
Arrow board (when available)
2)
Police officer in marked vehicle
3)
Repair crew supervisor vehicle
4)
Second police officer in marked vehicle
5)
Vehicle for repair crew
6)
Workers
Rev. 02/10/04 Replaces 12/02/03
5
12.210
CHART 3 - REPAIR WORK ON 35 MPH OR SLOWER
STREETS
===========================================================
Detail Officer
◊
Arrow
Board
c.
Police
Vehicle
Supervisor
Truck
Crew
Truck
Workers
Repair work on streets where speed is 35 MPH or less (refer to
Chart 3 above).
1)
Arrow board
2)
Police officer and marked vehicle
a)
The officer will take a position outside his vehicle to
monitor or direct oncoming traffic, as needed.
3)
Repair crew supervisor vehicle
4)
Vehicle for repair crew
5)
Workers
Rev. 02/10/04 Replaces 12/02/03
6
12.215
12.215 CINCINNATI PARKING INFRACTION (CPI)
Reference:
Procedure 12.205 - Traffic Enforcement
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.445 - Complaint Report – Form 305
Purpose:
Provide for the uniform issuance of Cincinnati Parking Infractions.
Information:
There are parking meter spaces and “handicapped parking only” spaces
throughout the City for the exclusive use of handicapped motorists. Special blue
parking meter heads indicate the space is for handicapped motorists only. The
“handicapped parking only” spaces are indicated by a sign. Only vehicles
bearing an officially issued handicapped license plate or handicapped card may
use these specially marked spaces.
Procedure:
A.
Guidelines
1.
Use the Cincinnati Parking Infraction (CPI) when enforcing the
following infractions:
a.
License plate infractions on parked vehicles.
b.
Parking infractions.
c.
Meter infractions.
Exception:
When citing a juvenile for the above listed
infractions, issue an Ohio Multi-Count Traffic
Ticket (MUTT).
2.
Enforce all other violations except warning tags on a MUTT.
3.
When citing an adult for the above infractions and the person is not
the owner of the vehicle:
a.
List the operator's full name, address, date of birth, social
security number, sex, and race in the "Notes" block of the CPI.
4.
Record the license plate sticker number on the CPI in the block titled
"Validation Number”. Write "None" if the sticker is missing.
5.
When enforcing parking violations on a vehicle that is not displaying
license plates, tow the vehicle; do not issue a CPI. CPIs cannot be
processed without a license plate number. This applies to both
occupied and unoccupied vehicles.
Rev. 10/11/05, Replaces 12/99
1
12.215
B.
Enforcement Guidelines
1.
Issue a CPI rather than a warning for the following parking infractions:
a.
Unauthorized stopping and parking.
b.
Stopping, loading, or unloading on primary arteries.
c.
1)
During restricted hours.
2)
In “No Stopping or Parking” posted areas.
Commercial trucks or vehicles displaying commercial truck
license plates may load/unload on downtown streets, except in
areas posted “No Stopping or Parking”.
1)
2.
Truck drivers do not need to place coins in parking meters
when actively engaged in loading or unloading.
Holiday enforcement
a.
b.
c.
Holiday, when used in connection with any traffic control device,
will mean each of the following:
1)
New Year's Day - January 1st
2)
Martin L. King, Jr. Day - Third Monday in January
3)
Memorial Day - Last Monday in May
4)
Independence Day - July 4th
5)
Labor Day - First Monday in September
6)
Thanksgiving Day - Fourth Thursday in November
7)
Christmas Day - December 25th
Enforce “No Parking 6/7 - 9 AM and 3/4 - 6 PM” parking
restrictions as posted, except on holidays.
1)
Issue a CPI when impounding for a violation of peak hour
restrictions.
2)
Enforce parking meter infractions as noted on each meter.
c.
Enforce all other parking regulations on holidays.
During religious services, officers should contact institution
officials before taking enforcement action on parking complaints
in areas adjacent to religious institutions.
Rev. 10/11/05, Replaces 12/99
2
12.215
3.
Enforce parking restrictions on undedicated streets, shopping center
lots, privately owned roads or driveways, only on complaint.
a.
Handicapped parking restrictions can be enforced without a
complaint.
b.
Officers will enforce signs posted by the City restricting parking
on undedicated streets.
1)
c.
Officers will enforce fire lane signs posted by the City on
privately owned roads and driveways.
1)
C.
Privately owned roads and driveways are in private
ownership and not open to the public.
d.
Contact Traffic Engineering, Monday through Friday, 0830 1700 hours to determine if signs were posted by the City.
e.
Officers may enforce infractions of public safety zones (fire
lanes) on shopping center parking lots.
1)
4.
Undedicated streets are those private streets open to the
public as a thoroughfare for vehicular traffic.
The following areas have officially recognized fire lanes:
a)
University Village Shopping Mall in Corryville
b)
Hughes High School connector to Krueck Community
Center
c)
Western Hills Plaza
Police officers will enforce parking meter infractions at City owned, off
street parking facilities that do not issue meter permits.
Handicapped Parking Enforcement
1.
Meter enforcement
a.
Issue a CPI to vehicles without the proper license plate,
windshield placard, or parking card using Cincinnati Municipal
Code (CMC) Section 508-36. Tow only as a last resort or in
aggravated cases.
b.
Section 4511.69 of the Ohio Motor Vehicle Code allows a
handicapped person to park a vehicle for a period of two hours
in excess of the legal parking period, except where the vehicle is
parked in such a manner as to be clearly a traffic hazard.
1)
The handicapped person must deposit a coin in the meter
to obtain time to park. Parking is allowed two hours
beyond the expiration of that time before a violation can be
issued.
Rev. 10/11/05, Replaces 12/99
3
12.215
2)
An officer with personal knowledge that the two-hour grace
period has expired may issue a CPI for a Meter Violation,
CMC Section 509-7.
3)
Handicapped persons cannot park at these meters during
6/7 - 9 AM or 3/4 - 6 PM parking restrictions. In this
instance, issue a CPI for the parking violation.
a)
2.
Enforcement on private property
a.
Officers may enforce handicapped parking infractions on private
lots under CMC Section 508-36.
1)
3.
Vehicles can park in handicapped parking spaces only if
they display handicapped license plates, a windshield
placard, or a parking card.
Enforcement of "Handicapped Parking Only" signs on City streets
a.
D.
Tow only as a last resort, or in aggravated
circumstances, with the approval of a supervisor.
Issue a CPI to vehicles without the proper license plate, placard,
or card using CMC Section 508-36. Tow only as a last resort or
in aggravated cases.
Defective Parking Meters
1.
Defective parking meter (no CPI)
a.
Notify the district desk person of the location and condition.
b.
District desk personnel will make the necessary blotter entry.
1)
2.
Notify the Parking Facilities Office (Mon. - Fri., 0800 - 1630
hours). If closed, first shift will make the notification on the
next business day.
Defective parking meter reported, CPI issued by a parking
enforcement officer
a.
Instruct the citizen to immediately mail or deliver the CPI to the
Meter Shop at City Hall, 801 Plum St., Room 24. An explanation
of the defective parking meter by the citizen should accompany
the CPI.
b.
Notify the district desk person of the location and condition.
c.
District desk personnel will make the necessary blotter entry.
1)
Notify the Parking Facilities Office (Mon. - Fri., 0800 - 1630
hours). If closed, first shift will make the notification on the
next business day.
Rev. 10/11/05, Replaces 12/99
4
12.215
3.
Defective parking meter, CPI issued by a police officer
a.
The officer will accept the CPI and write in the name, address,
and phone number of the recipient.
1)
E.
b.
Before forwarding the Form 654, the district supervisor will call
the Records Section Customer Service Supervisor. The
supervisor will place a hold on the CPI, pending an investigation
by Parking Facilities.
c.
Parking Facilities will note the results of the parking meter
inspection on the CPI and forward it to the Police Chief's Office.
1)
If the meter was found to be defective, the Patrol Bureau
Commander will forward the CPI to the Court Control Unit
for dismissal by the hearing officer. Patrol Bureau will
notify the complainant by mail of the disposition.
2)
If the parking meter was not defective, Patrol Bureau will
mail the CPI back to the complainant with instructions for
its proper disposition.
Street Sweeping Enforcement
1.
F.
The officer will notify his supervisor. The supervisor will
complete a Form 654, Request for Cancellation, containing
the following information: CPI number, name of the issuing
officer, and the name of the officer verifying the defective
meter. The supervisor will forward the Form 654 and the
CPI to the Parking Facilities Office.
Officers will enforce street sweeping signs only when requested by a
Public Services supervisor. Officers will enforce street sweeping
signs on city streets maintained by the Cincinnati Metropolitan
Housing Authority (CMHA) upon complaint from CMHA security
personnel.
a.
Issue a CPI for a violation of CMC 502-3, Parking Prohibitions
During Street Sweeping Operations, but do not tow.
b.
Note the Public Services supervisor’s or CMHA security officer’s
name and address in the "Notes" block as witness information
for cases contested at any subsequent hearing.
Enforcement of Temporary “No Parking” Signs
1.
The City Manager has designated the Police Chief or his designee to
act on the Manager’s behalf for the purpose of posting and
maintaining temporary “No Parking” signs on local highways and all
other municipal property pursuant to CMC Sections 502-24 and 5082.
Rev. 10/11/05, Replaces 12/99
5
12.215
a.
A private citizen, contractor, or public utility under contract to the
City may be authorized to post temporary “No Parking” signs by
the Police Department.
1)
2.
3.
G.
Temporary “No Parking” signs for work scheduled to
exceed one day requires the completion of a Form 305,
Complaint Report. The Form 305 will include the date and
time the signs are posted and the expected completion
date.
Take enforcement action only if there is a prior blotter entry indicating
the location, time posted, and effective hours of the temporary signs.
a.
Temporary signs must be posted at least 14 hours before a CPI
for overtime parking can be issued.
b.
A district supervisor will assign an officer to check the signs for
proper posting. Note the time checked in the disposition column
of the blotter and/or the Form 305.
Street paving enforcement
a.
Tow and issue a CPI to vehicles in violation of properly posted
signs. If the Impound Unit is full and a supervisor approves a
move only tow, issue a CPI.
b.
If temporary “No Parking” signs are absent or improperly posted,
a police supervisor may order a move only tow to accommodate
the street paving operations. Do not issue a CPI in this situation.
Parking Facilities Parking Enforcement Officers
1.
Parking enforcement officers enforce selected parking infractions in
addition to meter infractions.
2.
When responding to a parking enforcement officer's request for
advice or assistance regarding proper enforcement of these
ordinances, render police support in a professional manner.
3.
A police officer receiving a parking complaint from a citizen will take
the appropriate enforcement action. Do not refer the citizen to
Parking Facilities.
4.
Parking enforcement officers cannot enforce the following CMC
Sections:
508-4
508-5
508-12
508-21
508-34
Rev. 10/11/05, Replaces 12/99
Removal of Obstructing Vehicles
Vehicle Obstructing After Collision
Parking Unreasonable Time
Use of Bus Stop
Special Parking Restrictions
6
12.220
12.220 PEDESTRIAN TRAFFIC - LAW ENFORCEMENT
Reference:
Standards Manual - 61.1.5
Procedure:
A.
All police personnel, when issuing citations for pedestrian violations to both
adult and juvenile pedestrians, will:
1.
Make every effort to obtain proof of identification from the violator.
This can be a driver's license, salary record, telephone bill, charge-aplate, or any other type of credential normally carried by pedestrians.
a.
If the pedestrian violator does not possess some kind of
identification, the officer shall, through careful and courteous
questioning, attempt to obtain accurate information in order to
properly complete the citation.
b.
The kind of identification submitted by the violator shall be
entered in the "Driver's License" space of the citation. If the
violator has no proof of identification, this fact will be noted in
this space.
2.
Ensure all traffic citations are legibly and neatly printed, with special
attention to recording names and addresses.
3.
Ensure that all violators, who are issued an O.U.T.T. citation, receive
a readable copy of the O.U.T.T.
B.
Unit supervisors shall carefully inspect all pedestrian citations for accuracy
and legibility. If any doubt exists, the supervisor will return the citation to
the officer for clarification and verification before forwarding it to the
Records Unit.
C.
All district personnel shall actively engage in the pedestrian enforcement
program. Participation or lack of participation in the pedestrian
enforcement program shall be considered a factor in evaluating individual
and unit efficiency in traffic supervision.
D.
Provisions of Procedure 12.260, Warrants: Service and Recording, shall
be strictly adhered to.
E.
Commanding officers shall evaluate individual and unit effectiveness in the
pedestrian enforcement program, and require written explanations where
there is a lack of participation or deviation from prescribed procedures.
4/85
1
12.225
12.225 VEHICULAR CRASH REPORTING
Reference:
Traffic Crash Report Procedures - State of Ohio Department of Highway Safety
Ohio Revised Code 1533.121 - Deer Killed by Motor Vehicle
Ohio Revised Code 2935.28 - Property Owners to be Provided with Names of
Persons Charged with Damaging Their Property
Procedure 12.030 - Vehicles: Assignment, Use and Maintenance
Procedure 12.035 - Reporting Police Vehicular Accidents and Damage
Procedure 12.106 - University Air Care Helicopter
Procedure 12.210 - Traffic Control: Major Thoroughfares
Procedure 12.226 - Aircraft Crash Response and Reporting
Procedure 12.230 - Fatal Crash Investigation and Placement of Related Charges
Procedure 12.235 - Operating a Vehicle Under the Influence (OVI): Processing
and Arrest
Procedure 12.265 - Wrecker and Towing
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.435 - Reporting Conditions Affecting Other Departments - Form
318
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage,
and Release
Manual of Rules and Regulations – 2.03
Purpose:
Assign responsibility for investigating and reporting vehicular crashes.
Ensure compliance with the State of Ohio Department of Highway Safety's
Traffic Crash Report procedures.
Policy:
Officers will conduct a thorough investigation and accurately document vehicular
crashes while making every effort to ensure the safety of the community and
return the roadway to a normal traffic pattern.
Information:
A Form 683, Vehicle Crash Report Log, will be maintained at each district and
will serve as the source for the crash report number entered on the Form OH-1,
State of Ohio Traffic Crash Report. After all crash report numbers from a log
sheet have been used, the sheet will be removed from the log and forwarded to
the collator.
Rev. 07/19/05, Replaces 04/27/04
1
12.225
Procedure:
A.
Investigation Assignment
1.
2.
Traffic Unit is responsible for investigating and reporting the following
vehicle crashes:
a.
Fatal crashes.
b.
Potentially fatal crashes.
c.
Spectacular or unusual crashes requiring detailed and extensive
investigation.
d.
Interstate highway crashes, if available.
e.
Hit-skip follow-up investigations.
Districts are responsible for investigating and reporting the following
vehicle crashes:
a.
Non-life threatening injury crashes.
1)
b.
Non-injury, property damage crashes.
1)
B.
Non-life threatening injuries can include broken bones,
cuts, and bruises when vital signs indicate the victim is in
no apparent danger of death.
This includes most hit-skip crashes and fender-bender type
collisions.
Vehicular Crash Investigation
1.
The responding officer will:
a.
Determine if there are injuries and if medical aid is necessary.
b.
Request a supervisor respond if the injuries are serious.
c.
Request Police Communications Section (PCS) dispatch the
Fire Department, if needed.
d.
Protect the crash scene.
e.
Have the drivers remove all vehicles from the roadway, if
possible, and then complete all necessary paperwork. Use push
bumpers, when possible, to remove disabled vehicles from the
roadway in order to relieve traffic congestion.
Rev. 07/19/05, Replaces 04/27/04
2
12.225
1)
2)
f.
Under no circumstances will officers attempt to move a
motor vehicle when the following circumstances exist:
a)
A vehicle carrying Hazardous Materials (HAZMAT)
has overturned or received significant structural
damage.
b)
The vehicle is involved in a fatality or potential fatality.
Before having drivers remove vehicles from the roadway,
ensure:
a)
Any injuries will not increase in severity because of
the movement.
b)
The driver of the vehicle may legally operate the
vehicle, i.e., the driver is not intoxicated, etc. Retain
all driver licenses until the investigation is completed.
c)
The vehicle has no major defects that may cause the
driver to lose control.
d)
The driver has full instructions as to where they are to
exit the roadway and where to meet the investigating
officer. Ensure that the place where they are to meet
the investigating officer is a safe location.
Conduct a complete investigation.
1)
Investigating officers will process any Polaroid photos
taken at the crash scene as evidence to be held for court.
a)
g.
Label each Polaroid and include the Form OH-1
report number.
Determine the need for other departments or agencies in cases
of gas leaks, down wires, damaged buildings, broken or down
telephone poles, damaged fire hydrants, hazardous material
spills, etc.
1)
Notify district desk personnel of damage. District desk
personnel will call Public Works Customer Service to report
the damage.
a)
Public Works will determine the agency responsible
for the damaged property and make the proper
notification.
Rev. 07/19/05, Replaces 04/27/04
3
12.225
2)
Complete a Form 318, Conditions Affecting Other
Departments Report, and include the Form OH-1 report
number when conditions require action by other City
departments or the Ohio Department of Transportation.
a)
3)
Officers will forward the Form 318 and two copies to
the district/unit collator with the Form OH-1.
1]
The original Form 318 will be forwarded and
faxed to the Public Works Customer Service
Office by the district/unit collator.
2]
Copies will be forwarded to the City Solicitor’s
Office and filed at the initiating unit by the
district/unit collator.
3]
The collator will forward a copy of the Form 318
to the Ohio Department of Transportation if
conditions require action by that agency.
When a fire hydrant is struck, request the Fire Department
respond to assess damage and handle necessary repairs.
h.
Request wreckers when needed.
i.
Have the drivers involved in the crash complete a Form 528,
Driver or Person Involved in Accident, to exchange necessary
information: name, address, telephone number, insurance
information, vehicle information, etc.
1)
When a crash causes damage to property, upon request of
the property owner, the investigating law enforcement
agency will provide the name of the driver if the driver is
charged with a violation of a City ordinance or State
statute.
a)
2)
j.
Law enforcement agencies and their employees
acting in good faith are not civilly liable.
Refer requests for information or copies of completed
Forms OH-1 to Records Section.
If the crash involves City equipment, request a supervisor from
the affected City department respond to the scene.
1)
The supervisor of the involved employee will complete the
City accident form. Administrative action will be taken if the
employee is found at fault.
Rev. 07/19/05, Replaces 04/27/04
4
12.225
2.
3.
4.
The investigating officer will request a supervisor respond to the
scene in the following cases:
a.
Crashes involving an on-duty or off-duty police officer.
b.
Fatal, potentially fatal, or serious injury crashes.
c.
Unusual crashes.
The responding supervisor will:
a.
Determine if a Traffic Unit investigator is needed.
b.
Determine if the Night Chief or district officer in charge is
needed.
c.
Ensure a complete investigation is made.
Reports at district stations
a.
5.
Reporting crashes on private property
a.
6.
District personnel will prepare a Form OH-1 and other necessary
forms when a citizen responds to a district to report a crash.
PCS will not dispatch police personnel to crashes on private
property unless it involves an injury, hit skip, or the vehicles are
not operable.
1)
PCS will advise participants involved to respond to the
nearest district to file a report.
2)
If dispatched to the scene of a crash on private property,
the officer will make the report.
3)
Police personnel witnessing or coming upon the scene of a
crash on private property will make the crash report.
Reporting crashes involving Hamilton County vehicles inside the city
limits
a.
Department personnel will investigate and complete a report for
all auto accidents involving County vehicles inside the city limits.
b.
PCS will notify Hamilton County Communications Center of all
auto accidents involving County vehicles with serious injuries or
fatalities.
1)
Hamilton County Sheriff’s Office Traffic Section personnel
may respond and monitor the auto accident investigation.
Rev. 07/19/05, Replaces 04/27/04
5
12.225
C.
Form OH-1, State of Ohio Traffic Crash Report
1.
The investigating officer must complete a Form OH-1 for all crashes
whether the vehicle is occupied or not.
a.
Complete a Form 533, Hit Skip Supplementary Report, in all
unsolved hit-skip crashes and attach it to the Form OH-1.
1)
Information on unsolved hit skip vehicles is recorded on the
Form 533, not on the Form OH-1.
2)
Upon completion of the report, the investigating officer will
fax a copy of the Form OH-1, the Form 533 (both sides),
and any other pertinent information to the Traffic Unit.
2.
Print all information with a black ink ballpoint pen only.
3.
Obtain a crash report number from the Form 683, Vehicle Crash
Report Log, located at each district.
a.
The investigating officer will obtain this number from the district
in which the crash occurred.
1)
This number may be obtained via telephone or MDT.
b.
The investigating officer will record the Form OH-1 report
number on the crash report.
c.
The investigating officer will leave a copy of completed fatal,
unusual, or serious injury crash reports at the district of
occurrence. Traffic Unit will fax a copy of these types of crash
reports to the affected district. Desk personnel will use these
reports when releasing information to the news media.
1)
Crash reports will normally be available within seven to ten
business days at Records Section.
d.
Off-duty detail officers will process the crash report upon
completion of the detail at the district in which the detail was
worked.
e.
Completed Crash Report Logs will be stored at the district of use
and one copy of the completed log will be forwarded to Records
Section.
1)
Records Section will verify the information on the log and
return a signed copy to the affected district.
Rev. 07/19/05, Replaces 04/27/04
6
12.225
4.
Before ending a tour of duty, the investigating officer must submit the
completed Form OH-1 to a supervisor.
a.
5.
A supervisor will review the completed crash report for accuracy and
forward it to a collator.
a.
The collator will log the auto accidents on the Auto Accident
Summary and forward the summary to the Crime Analysis Unit
by the 10th of each month.
b.
The collator will ensure the reports are hand carried to Traffic
Unit by 0900 hours each weekday.
c.
When a crash involves a University of Cincinnati (UC) or Xavier
University (XU) student who is seriously injured, the report will be
faxed to either UC at 556-4940 or XU at 745-3861.
6.
If additional information is obtained after completing and forwarding
the original report, use a Form OH-1 and check the “supplement” box.
Use the original report number when providing additional information.
7.
Records Section will separate the top copies of pages 1-3 of the Form
OH-1 and any supplemental reports and forward them to the Ohio
Department of Public Safety. The bottom copies of pages 1-3 and
any supplemental reports will be forwarded to Traffic Engineering.
a.
D.
When an investigation extends beyond the investigator's tour of
duty, the investigator will obtain authorization from a supervisor
to continue working. At the discretion of a supervisor,
completion of the investigation and report may be assigned to
the following shift.
The information will be entered into the Optical Imaging System
by Records Section prior to forwarding.
Deer Killed by Motor Vehicle
1.
Ohio Revised Code 1533.121 allows the release of a deer carcass to
the driver of the vehicle hitting and killing the deer. If the driver does
not want the carcass, it may be released to a public or private
institution or charity. The following rules govern release of the deer
carcass:
a.
The driver must be an Ohio resident. The private or public
institution or charity must be an Ohio institution or charity.
1)
b.
Hamilton County Communications Center has a list of
institutions and charities willing to accept the deer carcass.
The crash that kills the deer is reported within 24 hours.
Rev. 07/19/05, Replaces 04/27/04
7
12.225
c.
2.
3.
The driver, institution, or charity agrees not to sell or give away
the deer. The driver and the driver's immediate family or the
inhabitants of the institution or charity receiving it will eat the
deer.
If an individual comes to a district to report and claim a deer killed by
a motor vehicle, the investigating officer should inspect the carcass to
be sure the injuries are consistent with a motor vehicle accident, e.g.,
no gun shot wounds.
a.
If the injuries are questionable or inconsistent with a motor
vehicle accident, do not release the carcass. Contact PCS to
request a local Wildlife Officer respond to the scene.
b.
Illegal deer killing is a violation of ORC 1531.02 and is a third
degree misdemeanor.
Releasing a deer to the driver or charitable institution
a.
Complete a Form 21, Ohio Division of Wildlife Deer Killed by
Motor Vehicle. The officer will sign his name and badge number
in the section for the Game Protector's signature.
1)
4.
Each district maintains a supply of the Form 21. Additional
copies of the Form 21 are available at the Supply Unit.
b.
Give the yellow copy of the Form 21 to the person or institution
taking possession of the deer as a receipt for the carcass.
c.
Attach the white copy of the Form 21 to the Form OH-1.
If neither the driver nor a charitable institution wants the deer, contact
Public Works at 591-6010 to dispose of the carcass. Complete and
forward the Form 21 to the Traffic Unit.
a.
Traffic Unit will send a copy of the top portion of Form 21 to the
Division of Wildlife (Xenia Office) biweekly and keep a copy for
Department records.
Rev. 07/19/05, Replaces 04/27/04
8
12.226
12.226 AIRCRAFT CRASH RESPONSE AND REPORTING
References:
Procedure 12.106 – University Air Care Helicopter
Procedure 12.145 – Critical Incident Response
Procedure 12.210 – Traffic Control: Major Thoroughfares
Procedure 12.230 – Fatal Crash Investigation and Placement of Related Charges
Standards Manual – 2.1.2, 46.1.2
Definitions:
An aircraft crash is an occurrence involving an aircraft in flight (takeoffs and
landings included) that results in injury to an occupant of the aircraft or
substantial structural damage to the aircraft. An aircraft striking an object while
being taxied or bent propellers and broken wheels from a hard-landing, if no one
is injured, are not considered crashes.
Purpose:
Assign responsibility for investigating and reporting airplane crashes.
To ensure compliance with the Federal Aviation Administration’s (FAA) rules and
regulations.
Information:
The Aircraft Accident or Emergency Situation Alert categories are:
•
Alert I: Normal State of Operation. This state of alert indicates that all airport
emergency equipment is available.
•
Alert II: Emergency Stand-By. Air Traffic Control Tower personnel will advise
Aircraft Rescue and Fire Fighting Unit (ARFF-18) and Crash/Rescue Unit
(CR-1) when an aircraft in the vicinity of, or on the ground at, Cincinnati
Municipal Airport has declared an emergency. ARFF-18/CR-1 equipment
responds to the appropriate standby area.
•
Alert III: Accident, Fire, or Bomb Threat. If the accident/incident is on the
airport property, the airport shall be CLOSED immediately and will remain
closed until the incident is addressed (safe) and turned over by the Cincinnati
Fire Department Incident Commander and Airport Management or a
designated representative re-opens it.
Rev. 06/24/03 Replaces 1/00
1
12.226
Procedure:
A.
B.
The first officer at the scene of an aircraft crash will:
1.
Immediately notify Police Communications Section (PCS) and advise
what police equipment and personnel are necessary for immediate
response.
2.
Notify the affected district officer in charge (OIC)
3.
Recommend the location of emergency posts pending arrival of OIC.
The affected district OIC will:
1.
Assume command until relieved and respond to the scene.
2.
For serious accidents: immediately implement the SEVEN CRITICAL
TASKS for successful critical incident resolution (refer to Procedure
12.145)
•
•
•
•
•
•
•
C.
Exercise command and control over the operation
Establish the Kill Zone
Identify an inner perimeter
Identify an outer perimeter
Identify a command post
Identify a staging area
Identify additional resources
PCS will:
1.
Notify, in addition to the Situational Occurrences Notification List, the
following:
a.
An on-duty Traffic Unit supervisor, or recall one if necessary.
1)
The Traffic Unit supervisor will respond and determine if
PCS should notify the Ohio State Patrol (OSP).
a)
b.
When requested, a PCS supervisor will call the
appropriate OSP post and make a blotter notation of
the person notified.
Greater Cincinnati-Northern Kentucky International Airport Police
Department
1)
The Greater Cincinnati-Northern Kentucky International
Airport Police Department will notify the FAA and the
National Transportation Safety Board (NTSB).
Rev. 06/24/03 Replaces 1/00
2
12.226
D.
Crash Scene Protection
1.
2.
Department personnel at the scene are to ensure the crash site is
protected until released by the Federal Aviation Administration (FAA),
National Transportation Safety Board (NTSB), or military officials.
a.
After the scene is isolated and stabilized, no one, including
police officers, are permitted access to the scene unless
specifically directed by the investigative authority after they have
taken control of the scene.
b.
Do not move any portion of the aircraft, luggage, or any other
objects which may have been on the aircraft.
c.
Do not move fatalities until directed by the Hamilton County
Coroner.
Aircraft disasters or emergencies at Lunken Airport:
a.
b.
One supervisor or the OIC will respond immediately to the
Lunken Airport Fire Station # 18 to establish communications
between the Control Tower and responding police, and/or
directions for entry onto the airfield if necessary.
1)
One uniformed marked vehicle is to respond to the rear of
Lunken Airport Fire Station to prevent unauthorized
persons and/or vehicles from entering the airfield area fire
access ramp.
2)
One uniformed marked vehicle is to respond to Airport
Road east guard building to prevent all unauthorized
persons and/or vehicles from entering the airfield area.
3)
A member of the Public Information Office will be requested
if OIC deems it appropriate (refer to Procedure 12.145).
Under no circumstances are police vehicles or personnel to enter
the runway area or restricted areas without radio contact with the
Lunken Airport or Cincinnati-Northern Kentucky International
Airport control towers. Obtain approval of the OIC on site in the
Lunken Airport control tower or the Lunken Airport firehouse
when the tower is closed.
NOTE: It is a violation of Federal law to enter the airport runway
area without authorization as described.
c.
Under no circumstances is the news media allowed to enter the
runway area or any restricted area without explicit permission
from the FAA and a control tower supervisor.
1)
News media granted permission must have a police or
authorized airport personnel escort.
Rev. 06/24/03 Replaces 1/00
3
12.226
2)
E.
Direct news media to respond to the rear of the Lunken
Airport Administration Building, where parking is available.
Investigation Assignment:
1.
Traffic Unit will investigate the crash as a courtesy to the OSP. The
investigation will be conducted concurrently with the FAA, NTSB, or
military officials.
a.
OSP may desire to investigate a crash, relieving Traffic Unit of
this responsibility.
1)
b.
In these instances, OSP and Ohio Department of
Transportation (ODOT) Aviation Division investigators, after
showing proper identification, will be afforded access to the
scene.
In cases of major or complex crashes, the Traffic Unit supervisor
may contact the OSP for assistance.
1)
Notify PCS to contact the appropriate OSP post, as listed in
the PCS Situational Occurrences Notification List, and
request that Columbus OSP be notified for assistance.
a)
The OSP Headquarters in Columbus has trained
pilots who can be flown to the crash scene by
helicopter to assist with the investigation. Travel time
from Columbus is approximately one hour after
notification.
c.
The investigation by the Traffic Unit will be secondary to the
investigation by the FAA, NTSB, and military authorities. Do not
contaminate the scene.
d.
The Traffic Unit investigator will complete the following forms and
make a copy for Traffic Unit files:
e.
1)
OSP Form HP-3A, Aircraft Accident Record
2)
OSP Form HP-70, Investigative Field Sketch
A Traffic Unit supervisor will review these forms and mail:
1)
The original to:
Ohio Department of Transportation
Division of Aviation
2829 W. Dublin-Granville Rd.
Worthington, Ohio 43085
Attention: Aircraft Crash Report
Rev. 06/24/03 Replaces 1/00
4
12.226
2)
And a copy to:
District Commander
Ohio State Highway Patrol
950 Rombach St.
Wilmington, Ohio 45177
2.
3.
The FAA investigates and determines the cause of aircraft crashes.
a.
Each FAA investigator carries a standard FAA identification card.
Permit ingress through police lines after presentation of the card.
b.
The NTSB or military authorities may be requested by the FAA to
conduct an investigation of a crash.
1)
The NTSB or military authorities may conduct an
independent investigation without an FAA request.
2)
Give NTSB and military investigators access to the scene
after showing proper identification.
Department personnel are responsible for assisting FAA, NTSB, OSP,
ODOT, and military officials in their investigation of aircraft crashes.
Rev. 06/24/03 Replaces 1/00
5
12.230
12.230 FATAL CRASH INVESTIGATION AND PLACEMENT
OF RELATED CHARGES
Reference:
Procedure 12.225 - Vehicular Crash Reporting
Procedure 12.235 - Driving Under the Influence (DUI): Processing and Arrest
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.605 - Identification of Persons in Police Custody and Wanted
Persons
Procedure 12.616 - Deceased Persons: Notifying Next of Kin
Procedure 12.815 - Court Appearances, Other Hearings and Correspondence to
Other City Departments
Procedure 18.120 - Standards for Releasing Information to the News Media
Cincinnati Police Department Crime Scene Manual
Standards Manual - 42.2.2, 55.2.7, 61.2.1, 61.2.2, 61.2.3, 61.2.6, 61.3.2, 82.2.1,
82.2.2, 83.1.1, 83.2.4, 83.2.5
Purpose:
Provide uniform guidelines for Department personnel when at the scene of a
fatal or potentially fatal crash.
Provide uniform guidelines for Department personnel when charging individuals
with Aggravated Vehicular Homicide, Vehicular Homicide, or Aggravated
Vehicular Assault.
Policy:
Traffic Unit personnel are responsible for the investigation of all fatal and serious
motor vehicle crash investigations.
Traffic Unit will coordinate the investigation of these crashes with the
Prosecutor’s Office prior to filing criminal charges.
Procedure:
A.
Investigation of Fatal or Potentially Fatal Crashes:
1.
A police officer at the scene of a fatal or potentially fatal crash will:
a.
Analyze and address medical needs.
b.
Request a supervisor respond to the scene.
c.
Protect the crash scene. Keep unauthorized persons away from
involved vehicles, debris, and tire marks. Do not permit the Fire
Department to flush the scene unless a danger of fire or
explosion exists. Do not move any items unless necessary for
obvious safety reasons.
Rev. 10/00, Replaces 2/97
1
12.230
2.
d.
Locate drivers and witnesses and have them remain at the
scene. If witnesses must leave, request they complete an Ohio
Traffic Accident Witness Statement (Form OH-3). Information
on the Form OH-3 includes the witness's name, date of birth,
social security number, address, and telephone numbers at
home and work. Give this information to the Traffic Unit officer
investigating the crash.
e.
Establish traffic control.
f.
Assist Traffic Unit where needed.
The first supervisor on the scene will:
a.
Request Police Communications Section (PCS) dispatch a
Traffic Unit supervisor and Traffic Unit officer to investigate the
crash.
1)
3.
PCS will recall Traffic Unit personnel if the crash occurs
outside Traffic Unit's duty hours.
b.
Request PCS notify the Night Chief if the investigation occurs
during their duty hours.
c.
Coordinate the activities of all officers at the scene until the
arrival of a Traffic Unit supervisor or officer.
d.
When participants are injured and probable cause exists to
charge under DUI statute, request necessary blood samples
from Fire Department paramedics or hospital emergency room
personnel if Traffic Unit personnel are delayed.
Upon arrival, the ranking Traffic Unit officer will assume command of
the crash investigation and will:
a.
Thoroughly investigate and prepare the necessary reports.
b.
Ask all drivers involved in fatal or potentially fatal crashes to take
a voluntary breath or urine test when insufficient probable cause
exists to charge under the DUI statute. This is strictly voluntary.
If a driver declines, proceed with the remaining investigation.
1)
If drivers give voluntary consent, have them sign a Consent
to a Chemical Test Without a Warrant (Form 603) prior to a
test. By signing this form, they waive their protection
afforded under the Fourth Amendment and the test results
are admissible in court.
2)
It is not necessary for the police to have probable cause or
even reasonable suspicion for test results to be admissible
in a consent situation.
Rev. 10/00, Replaces 2/97
2
12.230
c.
If probable cause exists to charge under the DUI statute, handle
the drug/alcohol test according to state law.
1)
The testing officer will request breath, urine, or blood
samples to determine use of alcohol, drugs, or a
combination of both.
4.
The Traffic Unit supervisor will notify the Hamilton County Coroner's
Office.
5.
Tow vehicles to the Impound Unit for post accident examination.
a.
b.
6.
7.
1)
Process according to Procedure 12.270.
2)
A captain or above can recall Impound Unit personnel, if
necessary.
When inclement weather may destroy evidence, or unusual
circumstances exist, tow the vehicles to the Coroner's Office
garage. Request PCS contact the Coroner's Office for
permission prior to towing.
Traffic Unit will consult the Prosecutor's Office prior to charging under
the following criminal sections of the Ohio Revised Code:
a.
Aggravated Vehicular Homicide; Vehicular Homicide (2903.06)
b.
Aggravated Vehicular Assault; Vehicular Assault (2903.08)
c.
Involuntary Manslaughter (2903.04)
When using Sections 2903.06, 2903.08, or 2903.04 and the traffic
violation is an element of the offense, do not complete an Ohio Multicount Traffic Tag (MUTT). Include the causative factors in the
criminal complaint form.
a.
8.
Tow all vehicles involved in a fatal or potentially fatal auto
accident directly to the Impound Unit.
Do not issue an MUTT for companion charges until the criminal
complaint is signed.
If there is a seriously injured person from a crash, do not issue MUTT
citations to the individual at fault. Wait a reasonable time to see if the
injured person survives. The time will vary with each case.
a.
If the injured person recovers, issue the appropriate criminal or
traffic citation.
Rev. 10/00, Replaces 2/97
3
12.230
b.
B.
If the injured person dies:
1)
Contact the Prosecutor's Office and explain the full
circumstances before filing vehicular homicide charges.
2)
And the MUTT charges are pending, after consulting with
the Prosecutor's Office, request a dismissal in court and file
the appropriate vehicular homicide charge.
a)
Follow Procedure 12.815 when requesting dismissal
of charges in court.
b)
If the traffic violations have already been disposed of
in court, double jeopardy may prevent filing vehicular
homicide charges.
Notification of Next of Kin in Cases of Death:
1.
Refer to Procedure 12.616.
Rev. 10/00, Replaces 2/97
4
12.235
12.235 OPERATING A VEHICLE UNDER THE INFLUENCE
(OVI): PROCESSING & ARREST
Reference:
Ohio Revised Code 1547.11(B) - Operating Under Influence of Alcohol, Drugs
Prohibited; Test Analysis
Ohio Revised Code 4511.19 - Driving While Under the Influence of Alcohol or
Drugs or with Certain Concentration of Alcohol in
Bodily Substances; Chemical Analysis
Ohio Revised Code 4511.191 – Chemical Tests for Determining Alcoholic
Content
Procedure 12.230 - Fatal Crash Investigation and Placement of Related
Charges
Procedure 12.240 - Multi-Count Uniform Traffic Tag (MUTT)
Procedure 12.260 - Warrants for Adults: Service and Recording
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.537 - Mobile Video/Digital Video Recording Equipment
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and
Felony Offenders
Procedure 12.600 - Prisoners: Securing, Handling, and Transporting
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage
and Release
Procedure 12.900 - Processing Juvenile Offenders
Definitions:
Qualified witness includes another police officer, a civilian police employee, any
Cincinnati Fire Department personnel or an employee of a medical facility.
Physical control is defined as being in the driver’s position in the front seat and
having possession of the vehicle ignition key or ignition device.
Purpose:
To provide a safe environment for all motorists and pedestrians on area
roadways.
Policy:
The Cincinnati Police Department will aggressively engage in OVI enforcement.
Officers will properly preserve and prepare evidence for all OVI court cases. The
Police Department will work with the community to help develop and participate
in preventative programs relating to OVI enforcement.
Each police district has a testing site. District Commanders must designate a
supervisor with a valid breath testing permit responsible for the care and security
of the testing site. Traffic Unit is responsible for the care, maintenance, and
instrument checks of the breath testing instrument.
Rev. 06/07/05, Replaces 6/29/04
1
12.235
Information:
An officer making an arrest for OVI must establish reasonable grounds for the
initial stop. An officer observing an operator commit a traffic violation or any
reasonable investigation are examples of a basis for a stop. The officer must
then establish probable cause to arrest for OVI before administering any Blood
Alcohol Concentration (BAC) Test. Administer Standardized Field Sobriety
Testing at roadside prior to arrest when possible.
Procedure
A.
Breath Testing for Blood Alcohol Concentration (BAC)
1.
Officers making an OVI arrest who are not certified breath testing
instrument operators will request one respond to the arresting officer’s
district.
a.
If time is of the essence, officers will use the nearest testing site.
b.
Read the arrested the Miranda Warning and advise of the right
to make a telephone call at the time of arrest. Document this
information on the Form 495, Cincinnati Police Department
Intoxication Report, in the Arrest Information section.
2.
Officers must obtain a breath, urine, or blood test within two hours of
the violation (i.e. last operation of a vehicle). There is no time limit
when a chemical test is not taken under 4511.19(A)(1)(a).
3.
The order of testing for Blood Alcohol Concentration (BAC) is:
a.
Breath
b.
Urine
c.
Blood
1)
If arrested is being treated for injuries at a hospital, blood is
the preferred test.
4.
The arresting officer or the breath testing instrument operator must
observe the subject for 20 minutes or more before administering the
breath test to ensure nothing is ingested orally.
5.
The breath testing instrument operator will:
a.
Ensure the breath testing instrument is functioning properly and
the testing site log book is in proper order.
1)
An internal radio frequency interference (RFI) detector
protects the breath testing instrument from radio
interference. Radio interference inside the testing site may
set off the RFI detector.
Rev. 06/07/05, Replaces 6/29/04
2
12.235
2)
If the RFI detector activates during a breath test, the
operator will start the testing process over from the
beginning. This does not excuse the arrested from the
responsibility of giving an additional breath sample.
a)
b.
c.
B.
Do not attempt a third test on the breath testing
instrument if the RFI detector activates a second
time.
1]
Time permitting, transport the arrested to
another testing site.
2]
If time is a factor, the arresting officer will
request a urine sample.
An operator encountering a problem which creates doubt as to
the breath testing instrument's accuracy or renders the breath
testing instrument inoperable will remove the breath testing
instrument from service.
1)
The breath testing instrument operator will make a blotter
entry noting the reason for removing the breath testing
instrument from service and notify the shift Officer In
Charge (OIC).
2)
The shift OIC will notify the Traffic Unit as soon as
possible, but no later than the Traffic Unit's next working
day.
The breath testing instrument operator will conduct all testing
and processing according to the Ohio Administrative Code
Sections 3701.53.01-10 and Ohio Revised Code (ORC)
Sections 4511.19 and 4511.191.
Operating a Vehicle Under the Influence - Arrest
1.
Complete the Multi-Count Uniform Traffic Tag (MUTT) as follows:
a.
Charge all persons arrested for OVI, including a refusal of
chemical test(s), with ORC Section 4511.19(A)(1)(a) "Operated
a vehicle while under the influence of alcohol and/or drugs of
abuse" in the OVI area of the MUTT.
b.
If a completed breath test reveals the arrested has a BAC of .08
but less than .170 BAC the arresting officer will charge the
arrested with ORC Section 4511.19(A)(1)(a) in the OVI area and
4511.19(A)(1)(d) in the first available other offense block of the
MUTT.
1)
The "Description of Offense" for ORC Section
4511.19(A)(1)(d) should read: "Operate a vehicle with a
concentration of
Grams by weight of alcohol per 210
liters of breath”.
Rev. 06/07/05, Replaces 6/29/04
3
12.235
c.
If a completed breath test reveals the arrested has a BAC of
.170 or above, the arresting officer will charge the arrested with
ORC Sections 4511.19(A)(1)(a) in the OVI area and
4511.19(A)(1)(h) in the first available other offense block on the
MUTT.
1)
d.
If a completed breath test reveals the arrested has a BAC of less
than .08, the arresting officer will charge with ORC Section
4511.19(A)(1)(a). Word the MUTT as in Section B.1.a.
1)
e.
f.
The “Description of Offense” for ORC Section
4511.19(A)(1)(h) should read: “Operate a vehicle with a
concentration of ______ Grams by weight of alcohol per
210 liters of breath.”
If drug abuse is suspected, or a combination of alcohol and
drug abuse is suspected, request a urine sample.
For blood or urine samples when alcohol is involved, the
arresting officer will charge the arrested with ORC Section
4511.19(A)(1)(a) in the OVI area of the MUTT and
4511.19(A)(1)(b) or (e) in the first available other offense area of
the MUTT as follows:
1)
Blood: 4511.19(A)(1)(b), "Operate a vehicle with a BAC
above .08 grams of alcohol per 100 milliliters of blood."
2)
Urine: 4511.19(A)(1)(e), "Operate a vehicle with a BAC
above .11 grams of alcohol per 100 milliliters of urine."
The Court Property Unit will send a copy of the blood or urine
test results to the Traffic Unit and the arresting officer.
1)
The Traffic Unit will send a copy of the analysis to the City
Prosecutor's Office when requested.
g.
When only drugs are involved, use Section 4511.19(A)(1)(a).
h.
If the arrested refuses a breath, urine, or blood test, the arresting
officer will charge with ORC Section 4511.19 (A)(1)(a). Word
the MUTT as in Section B.1.a.
i.
1)
Failure to give an adequate breath sample (deficient
sample) is considered a refusal.
2)
Only a urine test can be offered and refused at the
Hamilton County Justice Center.
If the arrested refuses a chemical test and has a conviction for
OVI or Underage Consumption, both 4301.69 and 4511.19(B)(3)
in the last 20 years the arresting officer will also charge with
ORC Section 4511.19(A)(2).
Rev. 06/07/05, Replaces 6/29/04
4
12.235
1)
2.
All charges supporting the OVI charge will be written on the same
MUTT in the other offense area.
a.
3.
Wording for ORC Section 4511.19(A)(2) will be “Refused a
chemical test under 4511.191 with a prior OVI in 20 years”.
If another MUTT is used due to additional charges, print the
words "Companion Case" across the "Conditions area" of the
MUTT. Also, cross reference the MUTT serial numbers on each
companion MUTT.
If the arrested fails to produce a driver's license, but has a valid
license through Law Enforcement Automated Data System (LEADS)
verification, do not cite for Section 4510.12. If the arrested has no
driving privileges, cite the proper ORC Section for Driving Under
Suspension (DUS) or No Operators License on the MUTT.
a.
Advise the arrested to surrender the driver's license, within 24
hours of the arrest, to the district where processing occurred.
1)
The district receiving the license will forward it to the Traffic
Unit.
4.
Cite the arrested on the MUTT for the fifth calendar day following the
arrest. If the fifth day is a Saturday, Sunday, or a legal holiday, use
the next court day.
5.
OVI - Physical Arrest:
a.
Physically arrest the violator having two or more OVI convictions
within the last six years or 5 or more convictions within the last
20 years. (Example: You have an OVI offender with one prior
conviction, they are charged as a second offender. Two prior
convictions are charged as third offenders, etc.) Those charged
as first and second OVI offenders may be cited (see Procedure
12.555).
1)
The Form 495 must reflect the number of OVI convictions
which occurred in the last six years.
b.
If the location of the arrested's residence and place of
employment makes extradition necessary (Procedure 12.555),
physically arrest and require bond.
c.
If the arrested is hospitalized or remains under hospital care,
whether or not a BAC test was given, follow Procedure 12.600.
d.
See Section N. for proper routing of forms.
Rev. 06/07/05, Replaces 6/29/04
5
12.235
C.
Underage Consumption/Arrest
1.
If the person is under 21 years of age and has consumed alcoholic
beverages and operated a vehicle but is not believed to be under the
influence, complete the (MUTT) as follows:
a.
If a completed breath test reveals a BAC of .02 but under .08
BAC, charge the arrested under ORC Section 4511.19(B)(3) in
the first available other offense block of the MUTT.
1)
b.
If a completed breath test reveals a BAC of .08 or greater,
charge under the 4511.19(A) OVI arrest.
c.
If the violator refuses chemical tests, then charge under 4301.69
on a NTA.
d.
D.
The "Description of Offense" should read: "Operate a
vehicle after underage alcohol consumption"
4511.19(B)(3).
1)
The “Description of Offense” should read: “No underage
person shall knowingly order, pay for, share the cost of,
attempt to purchase, or consume any beer or intoxication
liquor in any public or private place”.
2)
If the violator refuses a request for chemical testing, advise
the violator he is under an immediate Administrative
License Suspension (ALS) but do not seize the vehicle.
If the arrested submits to the breath test and the results reveal a
BAC of .079 or less, his driving privileges shall not be
suspended and the vehicle should not be seized. Do not allow
violator to operate the vehicle.
Physical Control Under the Influence - Arrest
1.
If a person is under the influence of alcohol and/or drugs of abuse
and exercises physical control over a vehicle but does not move the
vehicle then complete the MUTT as follows:
a.
Charge all persons arrested for Physical Control, including a
refusal of chemical test(s), with ORC Section 4511.194.
1)
The “Description of Offense” for ORC Section 4511.194
should read: “Physical control of a vehicle under the
influence of alcohol/drugs” in the first available other
offense block on the MUTT.
Rev. 06/07/05, Replaces 6/29/04
6
12.235
2)
b.
E.
If the violator refuses request for chemical test advise the
violator he is under an immediate ALS suspension but do
not seize the vehicle.
If a completed breath test reveals the arrested has a BAC of .08
or greater the arresting officer will also charge the arrested with
an additional ORC Section 4511.194 in the next available other
offense block on the MUTT.
1)
The "Description of Offense" for ORC Section 4511.194
with a breath test of .08 BAC or greater should read:
"Physical control of a vehicle with a concentration of
_______ grams by weight of alcohol per 210 liters of
breath".
2)
If the arrested submits to the breath test, their driving
privileges shall not be suspended and the vehicle should
not be seized. Do not allow violator to operate the vehicle.
Completing Required Forms
1.
The arresting officer will complete a Form BMV-2255, Administrative
License Suspension (ALS) for each OVI, Physical Control and
Underage Consumption arrest.
a.
The ALS contains all rights, penalties, and appeals concerning
driving privileges. The arresting officer, in the presence of a
qualified witness, must read and show the offender the back
side of the form regarding the "Test and Refusal
Consequences." The arrested must have the opportunity to sign
the form. If the arrested refuses, mark the “Refused to Sign” box.
If the offender is unable due to injury, the form will still be read to
the offender and write "Unable" on the signature line.
1)
Ensure the ALS is completed with current information,
signed by a qualified witness and notarized before
separating the form.
a)
b.
The OFFENDER copy must be complete, but
notarization is not required.
Impound the vehicle of a person arrested and charged with OVI
for pretrial seizure if they are the vehicle owner, based on
LEADS verification, and have at least one (1) OVI conviction
within the last six years.
1)
Refer to Procedure 12.270, for towing or moving a vehicle.
a)
Advise Police Communications Section (PCS) the
vehicle is a pretrial seizure when requesting a
wrecker.
Rev. 06/07/05, Replaces 6/29/04
7
12.235
c.
Routing the Administrative License Suspension
1)
OVI arrests
a)
If the arrested tests .08 or above BAC or refuses a
breath, urine, or blood test:
1]
b)
Send the ORIGINAL and LAW ENFORCEMENT
copies to the Traffic Unit.
a]
Attach the driver's license of the arrested
to the ORIGINAL and LAW
ENFORCEMENT copies.
b]
Attach the COURT copy to the MUTT.
c]
Give the OFFENDER copy to the arrested.
If the arrested tests below .08 BAC or a urine or blood
sample is taken:
1]
Send the ORIGINAL and LAW ENFORCEMENT
copies to the Traffic Unit.
2]
Attach the COURT copy to the MUTT.
a]
3]
2)
Give the OFFENDER copy to the arrested.
Physical Control and Underage Consumption Arrests
a)
If arrested submits to a chemical test all copies of
completed ALS are stored in the OVI jacket at the
processing site.
b)
If the arrested refuses a chemical test
1]
2.
Attach the arrested’s drivers license to the
MUTT.
Send the ORIGINAL and LAW ENFORCEMENT
copies to the Traffic Unit.
a]
Attach the arrested’s drivers license to the
ORIGINAL and LAW ENFORCEMENT
copies.
b]
Attach the COURT copy to the MUTT.
c]
Give the OFFENDER copy to the arrested.
The arresting officer will complete a Form 600, Notification of Rights
for each OVI arrest.
Rev. 06/07/05, Replaces 6/29/04
8
12.235
a.
Read and show the arrested the Form 600 in the presence of a
qualified witness. The arrested must have the opportunity to
sign the form. If the arrested refuses, mark the "Refused to
Sign" box.
1)
3.
The arresting officer will complete a Form 495 for each OVI arrest.
a.
4.
F.
At the time of arrest, read the arrested the Miranda
Warning. Refer to Section A.1.b.
The summary of arrest must contain sufficient information to
establish reasonable grounds for the initial stop and probable
cause to arrest for OVI.
The instrument operator will complete a Form HEA2652, State of
Ohio Test Report, breath test record, and testing site log book entry
whenever the breath testing instrument is operated or placed in
operation, even if the arrested refuses the test.
a.
For refusals, complete the Form HEA2652 through Step 4.
Check the "Refusal" block.
b.
Enter all refusals, instrument checks, breath, urine and blood
tests in the testing site logbook.
1)
All logbook entries must be in numerical order according to
the OVI number on the Form 495.
2)
If an entry needs to be deleted in the testing site logbook,
draw a single line through the item and notify Traffic Unit of
the deletion.
3)
Notify Traffic Unit of any irregularities involving the testing
site logbook.
Urinalysis Testing for BAC
1.
Use the ALS for the implied consent.
a.
2.
The arresting officer must read and show the arrested, in the
presence of a qualified witness, the "Test and Refusal
Consequences" on the back side of the Form BMV-2255. The
arrested must have the opportunity to sign the signature line on
the front. If the arrested refuses to sign, mark the "Refused to
Sign" box.
A police officer of the same sex as the arrested must witness the
giving of urine specimens to assure authenticity.
a.
Arresting officers do not have to be licensed breath testing
instrument operators to process urine samples.
b.
Collect two samples in clean, tightly closed containers.
Rev. 06/07/05, Replaces 6/29/04
9
12.235
3.
4.
G.
c.
Add one Jenneile Enterprises sodium fluoride capsule to each
sample. Indicate on the Evidence Submission Form and the
Form 495 the sodium fluoride capsule was added.
d.
Seal each specimen container with evidence tape and initial the
tape.
e.
Label each specimen container with the name of the arrested,
name of the person taking the specimen, date and time the
specimen was taken, and that the sodium fluoride capsule was
added.
f.
Complete one original Evidence Submission Form. Place the
OVI number in the upper right corner. List the court date and
ORC violation.
g.
Place both sealed specimen containers in one evidence
biohazard bag.
h.
In the outside pocket of the biohazard bag place the following.
Do not use staples or paper clips:
1)
Original Evidence Submission Form
2)
Original Form 327, Property Tag
3)
Original Form 330, Property Receipt
4)
Copy of the Form 495 or citation.
During normal business hours (0700 to 1600 hours), the arresting
officer will hand deliver the evidence to the Court Property Unit.
a.
If the Court Property Unit is closed, the officer will take the
evidence to the Criminal Investigation Section (CIS) and place it
in the CIS refrigerator. The delivering officer will make an entry
in the CIS log book.
b.
Court Property Unit personnel will pick up the evidence during
normal business hours.
Court Property Unit personnel will take both evidence specimens to
the Hamilton County Coroner's Lab for analysis.
Blood Testing for Blood Alcohol Content
1.
Use the ALS for the implied consent.
a.
The arresting officer must read and show the arrested, in the
presence of a qualified witness, the "Test and Refusal
Consequences" on the back side of the Form BMV-2255. The
arrested must have the opportunity to sign the signature line on
the front. If the arrested refuses to sign, mark the "Refused to
Sign" box.
Rev. 06/07/05, Replaces 6/29/04
10
12.235
2.
Only a physician, registered nurse, qualified technician, chemist,
phlebotomist or Cincinnati Fire Department paramedic can draw blood
specimens.
a.
b.
A Cincinnati Fire Department paramedic is the first choice when
requesting blood specimens.
1)
If a paramedic unit has been dispatched to the scene of an
accident due to injuries, etc., and the driver is suspected of
OVI, the arresting officer may request the paramedic unit
draw blood for analysis.
2)
Blood should only be drawn inside an ambulance or
hospital.
Do not request area hospital personnel (physicians, nurses, etc.)
provide this service unless circumstances warrant their
assistance.
1)
An officer who has reasonable grounds to believe a subject
was operating a vehicle under the influence of alcohol or
drugs may request a blood test pursuant to ORC Section
4511.191. The officer will request the hospital perform the
appropriate test by completing an official request form
designed by each hospital when required.
a)
If the hospital refuses to assist in obtaining the
specimen, contact the Traffic Unit.
c.
PCS cannot dispatch Fire Department paramedics for the sole
purpose of drawing blood to ascertain BAC.
d.
Arresting officers do not have to be licensed breath testing
instrument operators to process blood samples.
e.
The arrested will be shown and read the ALS and agree to have
his blood drawn for the purpose of analysis.
f.
1)
An unconscious person is deemed to have given consent
under ORC Section 4511.191.
2)
When the arrested refuses to take a blood test under ORC
Section 4511.191, no test may be given.
3)
The use of force to take blood samples is not permitted in
Ohio.
A police officer will insure alcohol swabs are not used in
conjunction with blood samples.
1)
A police officer will witness the drawing of the blood
samples and maintain control of the evidence for court
purposes.
Rev. 06/07/05, Replaces 6/29/04
11
12.235
3.
Obtain two blood specimens.
a.
Officers will check the expiration date on the tube to be
sure it hasn’t expired.
2)
Officers in need of blood test tubes will obtain tubes from
the district OVI room or the Traffic Unit.
Seal each specimen container with evidence tape and initial the
tape.
c.
Label each specimen container with the name of the arrested,
name of person taking the specimens, and the date and time
specimens were taken.
d.
Complete one original Evidence Submission Form. Place the
OVI number in the upper right corner. List the court date and
ORC violation.
e.
Place both sealed specimen containers in one evidence
biohazard bag.
f.
In the outside pocket of the biohazard bag place the following.
Do not use staples or paper clips:
1)
Original Evidence Submission Form
2)
Original Form 327
3)
Original Form 330
4)
Copy of the Form 495 or citation.
Route the evidence as outlined in Section F.3. of this procedure.
Testing for Drug Abuse
1.
I.
1)
b.
g.
H.
Be sure the test tubes for the blood specimens have a gray cap
and contain sodium fluoride and potassium oxalate as
anticoagulants.
When drug abuse, or a combination of alcohol and drug abuse is
suspected, obtain either a urine or blood specimen and follow Section
F. or G. of this procedure. Do not complete a Form HEA2652.
Felony Arrests
1.
Persons arrested with five or more prior OVI or Underage
Consumption convictions within 20 years will be charged as a 3rd
degree felony (see Section B.5.a.).
Rev. 06/07/05, Replaces 6/29/04
12
12.235
2.
3.
a.
Officers must verify through the Regional Crime Information
Center (RCIC) and LEADS that a person has at least five prior
OVI or Underage Consumption
convictions within 20 years
before charging as a 3rd degree felony.
b.
In bold letters write "3rd DEGREE FELONY" in the conditions
block of the MUTT and the top of Form 495.
Persons arrested with three or more prior OVI convictions within six
years will be charged as a 4th degree felony (see Section B.5.a.).
a.
Officers must verify through the RCIC and LEADS that a person
has at least three prior convictions within six years before
charging as a 4th degree felony.
b.
In bold letters write "4th DEGREE FELONY" in the conditions
block of the MUTT and the top of Form 495.
Physically arrest all persons charged as a 3rd or 4th degree felony OVI
as outlined in Procedure 12.555.
a.
J.
Complete the Form 527, Arrest and Investigation Report and the
Form 527A, Bond Information Sheet as outlined in Procedure
12.555.
Juvenile OVI Offender
1.
A juvenile OVI offender is processed the same as an adult when
probable cause exists for ORC Section 4511.19(A) if the BAC is .08 or
more.
a.
If BAC is .08 but below .170 the arresting officer will charge the
juvenile with ORC Sections 4511.19(A)(1)(a) and
4511.19(A)(1)(d) on the MUTT (see Section B.1.)
1)
Word the "Description of Offense" ORC Section
4511.19(A)(1)(a) and 4511.19(A)(1)(d) the same as an
adult (see Section B.1.).
2)
The ALS is completed the same as an adult (see Section
C.1.).
b.
If BAC is at .170 or above, the arresting officer will charge the
juvenile with ORC Sections 4511.19(A)(1)(a) and
4511.19(A)(1)(h) the same as an adult.
c.
A juvenile OVI offender is processed the same as an adult when
probable cause exists and the offender is charged with ORC
Section 4511.19(A)(1)(a) when the offender refuses any
chemical test.
d.
Release the juvenile to a parent or guardian only.
Rev. 06/07/05, Replaces 6/29/04
13
12.235
1)
Cite the arrested juvenile on the MUTT for the fifth
calendar day following the arrest. If the fifth day is a
Saturday, Sunday, or legal holiday, use the next court day.
a)
2.
A juvenile is processed for "Underage Alcohol Consumption" ORC
Section 4511.19(B)(3), when a completed breath test reveals the
juvenile has a BAC of .02 to less than .08, and probable cause does
not exist for the ORC Section 4511.19(A)(1)(a) offense of OVI (per
Information Section).
a.
K.
The court appearance is at 1600 hours in Juvenile
Court, Broadway Building, 800 Broadway.
Word the "Description of Offense" ORC Section 4511.19(B)(3)
as follows: "Operate a vehicle after underage consumption" in
the first available other offense area of the MUTT.
1)
An ALS is completed for underage consumption but not
processed unless chemical test is refused.
2)
Attach the driver's license to the MUTT.
3)
A juvenile who refuses a chemical test for underage
consumption 4511.19(B)(3) refer to Section C.1.c.
3.
If physically arrested, follow Procedure 12.900.
4.
Obtain the consent of a parent or legal guardian before taking a blood
sample.
5.
Write the word "Juvenile" in bold letters in the top left corner of the
original Form 495 and all copies.
Form 496, Operating a Vehicle Under the Influence Investigation Record
1.
The arresting officer will complete a Form 496, OVI jacket for each
OVI arrest. The OVI jacket will contain the following forms:
a.
Original Form 495
b.
Original Form HEA2652
c.
Original Breath Test Record
d.
Original Form 600
e.
One copy of the OH-1, Ohio Traffic Crash Report (if applicable)
f.
One copy of the ALS
g.
One copy Form 527 (if applicable)
h.
One copy of the MUTT
Rev. 06/07/05, Replaces 6/29/04
14
12.235
i.
2.
One Polaroid picture (adults only).
Anytime a MVR/DVR equipped police vehicle is involved in a stop
where an individual is arrested for OVI:
a.
Officers will record all OVI incidents from the point of initial
contact to the arrival at the testing location. Officers will record
during the transport to jail.
b.
A copy of the OVI incident captured on tape or disc will be held
as evidence. Clearly mark the 527 and MUTT(s) with "ACE"
(Automated Control of Evidence). Also, mark “yes” in the
specific block on the 495.
1)
c.
Complete a Form 606, Records Request. Process the copy of
the MVR tape or DVR disc as evidence held for court (see
Procedure 12.715). Mark the copy of the tape or disc with the
date and OVI number.
1)
d.
3.
Tapes/discs must be identified by attaching a label with all
pertinent information. Do not write directly on the disc.
When an incident is captured on a DVR, a second copy of the
disc will be made and routed to the Prosecutor’s Office with the
OVI paperwork.
The testing site supervisor will review and file all OVI jackets.
a.
4.
If the incident captured on a DVR is over an hour in length,
the incident will be copied to more than one disc.
The testing site supervisor will ensure each form is properly
completed.
OVI jackets can only be removed for court or with the permission of
the district testing site supervisor or district commander.
a.
To remove an OVI jacket, complete an entry in the OVI Jacket
Sign Out Log. The entry must contain the OVI jacket number,
name of the officer removing the OVI jacket, reason (including
room number and case number), and the date removed. The
OVI jacket must be returned promptly and an entry made in the
log indicating the return date. The site supervisor will re-file the
OVI jacket.
1)
b.
Officers unable to return OVI jackets within five days must
submit a Form 17 explaining why.
The testing site supervisor will ensure accountability and security
of all OVI jackets.
Rev. 06/07/05, Replaces 6/29/04
15
12.235
1)
L.
M.
Use of Testing Sites by Outside Agencies
1.
A Form 495 will be used for each outside agency arrest. If the outside
agency has its own intoxication report, assign a Cincinnati OVI
number to each report.
2.
The arrest will be entered in the Cincinnati Police Department testing
site log book by OVI number in numerical order.
3.
The Form HEA2652 will be completed when any breath test is given
(not necessary with blood or urine).
4.
All original documents, Form 495, Form HEA2652, Breath Test
Record, Form 600, ALS, Operator's License, and any other form
completed for the arrest will remain with the arresting officer from the
outside agency. It will be the responsibility of the arresting officer
from the outside agency to forward the proper copies to their court
system.
5.
Copies of all of the above listed forms completed for the arrest will be
filed in the Form 496. Mark in bold letters on the top of the case
jacket "OTHER AGENCY ARREST."
6.
Copies of all the paperwork listed in 4. above will be sent to the Traffic
Unit.
Supervisory Review of Completed Forms
1.
A supervisor will review all forms for accuracy and completeness. The
approving supervisor will sign the Form 495.
2.
The testing site supervisor will review the logbook weekly for accuracy
and completeness.
a.
N.
An audit of all OVI jackets will be conducted on January 1st
and July 1st each year. Forward a summary of the audit
through the affected division commander to Inspections
Section and Traffic Unit.
The testing site supervisor will notify Traffic Unit of any
irregularities.
Routing Completed Forms
1.
All copies must be hand delivered before 0800 hours each court day.
Each copy must be legible and on 8-1/2" X 11" paper.
a.
City Prosecutor's Office, 801 Plum Street, Room 200:
1)
Two copies of the Form 495
2)
One copy of the State of Form HEA2652 and breath test
record attached to the Form 495
Rev. 06/07/05, Replaces 6/29/04
16
12.235
b.
3)
One copy of the OH-1 (if applicable).
4)
One copy of the DVR disc. The disc will be identified with
the arrestee’s name, the date of arrest, and the OVI
number. The information will be written on a label and
attached to the disc. The Prosecutor’s Office will continue
to obtain MVR tapes from the Court Property Unit.
Municipal Court Probation Division, Broadway Building, 800
Broadway:
1)
c.
One copy of the Form 495, placed in an envelope and
labeled "Municipal Court Probation Division" and left at the
Prosecutor's Office.
Traffic Unit, 800 Evans Street:
1)
One copy of the Form 495
2)
The ORIGINAL and LAW ENFORCEMENT copies of the
ALS with the driver's license attached, if applicable
3)
a)
Attach the license to the ALS when breath tests are
.08 or above or any chemical test is refused and
forward to the Traffic Unit.
b)
Attach the license with the COURT copy of the ALS to
the MUTT for ORC Section 4511.19(A)(1)(a) on any
test under a .08 BAC, or blood and urine samples.
One copy of the Form HEA2652 and breath test record.
a)
O.
Attach all of the forms together.
Instrument Checks
1.
Traffic Unit will perform an instrument check on the breath testing
instrument once every seven days.
Rev. 06/07/05, Replaces 6/29/04
17
12.240
12.240 OHIO MULTI-COUNT UNIFORM TRAFFIC TICKET
(MUTT)
Reference:
Procedure 12.205 – Traffic Enforcement
Procedure 12.235 – Operating a Vehicle under the Influence (OVI): Processing
and Arrest
Procedure 12.900 – Processing Juvenile Offenders
Policy:
Officers will use the Ohio Multi-Count Uniform Traffic Ticket (MUTT) citation for
all moving violations cited under city ordinances or state codes regardless of the
violator's place of residence.
The citation is the actual summons so notarization is not required. Officers will
record on the citation the date the summons is personally served on the
defendant.
All citations for minor misdemeanor moving violations must provide the violator
with the option of paying out the fine instead of appearing on the scheduled court
date. Violators will not receive the payout option when one of the following
applies:
•
The violator requires medical care and/or is unable to provide for his own
safety.
•
The violator cannot or will not offer satisfactory proof of identity.
•
The violator refuses to sign the citation.
Most moving violations are minor misdemeanors unless the violator has a
previous conviction for a moving violation within the past 12 months. Officers will
treat all minor misdemeanor moving violations as a first offense (requiring payout
option), unless the officer has personal knowledge the violator has a conviction
for a moving violation within the past 12 months. Personal knowledge should
include the information available through the computer system.
Information:
A State of Ohio Supreme Court decision has stated: "The authority granted in
Section 2935.03 to a police officer to arrest and detain an individual found
violating a law of this State, does not confer authority upon a municipal police
officer to arrest without a warrant outside the geographical boundaries of his
municipality for traffic offenses observed by the officer to have been committed
outside such municipal limits."
The Hamilton County Municipal Court requires that police officers advise persons
cited to Traffic Court to bring proof of financial responsibility to court with them.
Rev. 01/29/08, Replaces 6/02
1
12.240
Procedure:
A.
Completing MUTT citations:
1.
Neatly print the citation in its entirety (except the signature of the
violator).
a.
All violators must receive a readable copy of the citation.
b.
Give adult violators a court date 10-14 calendar days from the
date of violation.
c.
If the violator is involved in an auto accident and is cited for a
minor misdemeanor only, give them a court date 7-10 calendar
days from the date of violation.
d.
Refer to Procedure 12.900, Section G., when investigating
juvenile traffic violations.
2.
When issuing a citation for a traffic violation, the officer will include the
violator's zip code as part of the address.
3.
A total of six violations can be written on each MUTT citation. If
conditions exist where more than one citation is issued to an
individual, they will be handled in the following manner:
a.
You must give the offender the same court date on each citation
issued. You must continue to check the Court Appearance
Required block for each violation requiring a court appearance.
1)
In instances of DUI arrests, refer to Procedure 12.235 for
proper citation instructions.
b.
The citing officer will write across the "Conditions" section of the
citation the words, "Companion Case." Include citation serial
numbers for each companion case.
c.
When making a physical arrest write on the Arrest Form 527,
under "Facts of Arrest," that it is a companion case. Include
citation serial numbers for each companion case. Deliver all
companion citations to Central Intake with the arrest slip.
d.
Staple all companion cases together.
4.
Check the Court Appearance Required block for each moving
violation which is a fourth degree misdemeanor or higher. Violations
not marked as Court Appearance Required will be considered payout
citations.
5.
Legibly sign (and/or print below your signature) as the charging officer
and assign a court date on all citations.
6.
Require the violator to sign the citation along the right hand side of the
citation in the space marked "Signature" to acknowledge receipt.
Rev. 01/29/08, Replaces 6/02
2
12.240
a.
b.
Officers have the authority to make a physical arrest on all
moving violations if the violator continues to refuse to sign the
citation after being advised of the physical arrest consequences.
1)
If the violator refuses to sign the citation, the officer will
notify a supervisor of the situation. The supervisor will
review the circumstances and decide if the violator will be
arrested.
2)
When a physical arrest is affected, the officer will write
"Refused" on the signature block of the MUTT. The officer
will also write "Physical" across the Court Date block at the
bottom of the citation to cancel the court date and payout
option.
3)
The officer will write on the Arrest Form 527 that the
subject refused to sign the citation.
4)
Officers will not make a physical arrest in situations, such
as auto accidents, where the officer did not witness the
violation. If the violator refuses to sign the citation, officers
should write “Refused-auto accident” in the signature block
of the MUTT.
If the violator is unable to sign the citation (unavailable at the
hospital, unconscious, etc.), the issuing officer will exercise
reasonable measures to get the signature of the violator.
1)
7.
When applicable, officers will complete the space for witnesses and
officer's notes on the reverse side of the pink copy of the citation. Use
the insert flap to prevent defacing the front of the page when writing
on the rear of the carbonless form.
a.
8.
B.
In cases involving aggravated circumstances, the officer
may choose to wait to issue the citation until the violator
can sign. Another choice is to place a Police Hold on the
subject at the hospital, completing an Arrest Form 527 after
consulting with a supervisor.
Any officer desiring a copy for personal use will use the unit
copying machine to make such copy.
Give the violator a copy of the Payout Instructions (Form 655T) along
with a copy of the citation.
To require additional security from moving violators and to assure
compliance with the requirements of the citation:
Rev. 01/29/08, Replaces 6/02
3
12.240
1.
Usually officers will not require additional security to ensure moving
violators pay the established fine or appear as required, regardless of
whether the violator is a Hamilton County resident, out-of-county Ohio
resident, or out-of-state resident.
a.
Most citations issued to violators for minor misdemeanor moving
violations will simply provide both a court date and a payout
option, as detailed above, without requiring further security from
the violator regardless of the violator's place of residence.
b.
Most citations issued to violators for moving violations which are
fourth degree misdemeanors or higher will simply require a
mandatory court appearance as detailed above, without
requiring further security from the violator, regardless of the
violator's place of residence.
1)
c.
Officers will advise violators that failure to pay the fine or appear
as required will result in a capias being issued for the violator's
arrest, and entry of such capias into the Regional Police
Computer System.
1)
2.
This general rule will not prevent officers from physically
arresting violators for certain serious moving violations as
detailed below.
The Form 655T contains such a warning to the violator.
Officers may require additional security from some traffic violators,
according to the guidelines listed below, to ensure compliance with
the requirements of the citation in cases which include aggravated
circumstances or in which the officer has reason to believe the violator
will not pay the citation or appear in court.
a.
Officers do not have the legal authority to physically arrest
Hamilton County residents for minor misdemeanor violations
unless the offender requires medical care, cannot or will not
offer satisfactory proof of identity, or refuses to sign the citation;
regardless of any aggravated circumstances that might be
present. The violator's failure to comply with the requirements of
the citation will result in a capias served by law enforcement
officers.
b.
Officers will continue to physically arrest Hamilton County
residents for moving violations that are fourth degree
misdemeanors or higher when aggravated circumstances exist,
and police discretion so dictates.
1)
When a physical arrest is necessary for a charge that
would usually result in a citation, the officer will call a
supervisor. The supervisor will review the circumstances
and decide if the violator will be arrested.
2)
The arresting officer will write "Physical" across the bottom
portion of the citation, and complete an Arrest Form 527.
Rev. 01/29/08, Replaces 6/02
4
12.240
3)
The officer will call a supervisor in cases requiring a cash
bond.
4)
When citing out-of-county Ohio residents or out-of-state
residents for minor misdemeanor moving violations, citing
officers may require the violator to post a cash bond. Do
not accept a license from out-of-state residents as security
for moving violations.
a)
5)
c.
The officer will call a supervisor in cases requiring a
cash bond.
Such bond may be posted in one of the following two ways:
a)
If the violator has enough cash to post bond
immediately, the officer will remove the violator to the
Clerk’s Office at the Justice Center, 1000 Sycamore
Street, and witness the posting of bond before
releasing the violator.
b)
If the violator does not have enough cash to post
bond immediately, the officer will remove the violator
to the Justice Center, Central Intake, without delay.
1]
The citing officer will not write “Physical” across
the bottom of the citation, since the violator
retains his option to payout or appear.
2]
The officer will write on the Arrest Form 527
“Detained for Bond.”
When citing out-of-county Ohio residents for moving violations
which are fourth degree misdemeanors or higher, in cases in
which aggravated circumstances exist and/or police discretion so
dictates, officers may:
1)
Request the violator to surrender his valid Ohio driver's
license as security to assure compliance, as may be done
with minor misdemeanor moving violations, except that a
driver's license may not be accepted if the violator is
charged with any of the following offenses:
ORC
CMC
OFFENSE
4511.02
502-9
Disregarding a Police
Officer's Signals - Fleeing
4511.19(A)(1)
Driving Under the Influence
4511.20
506-6
Reckless Operation
4511.251
506-30
Drag Racing
Rev. 01/29/08, Replaces 6/02
5
12.240
4513.36
2)
Or, require the violator to post a cash bond as may be
done with minor misdemeanor moving violations.
3)
Or, physically arrest the violator, mark "Physical" across
the bottom portion of the citation, and complete Form 527.
a)
d.
Resisting Officer During Traffic
Arrest
When a physical arrest is necessary for a charge that
would usually result in a citation, the officer will call a
supervisor. The supervisor will decide if the violator
will be arrested.
When citing out-of-state residents for moving violations which
are fourth degree misdemeanors or higher, in cases in which
aggravated circumstances exist and/or police discretion so
dictates, officers may:
1)
Require the violator to post a cash bond, as may be done
with minor misdemeanor moving violations, or
2)
Physically arrest the violator, marking "Physical" across the
bottom portion of the citation, and completing a Form 527.
3)
The officer will call a supervisor when requiring a cash
bond or when a physical arrest is necessary for a charge
that would usually result in a citation.
Rev. 01/29/08, Replaces 6/02
6
12.245
12.245 PROCESSING OF TRAFFIC TAGS/OUTTs
Reference:
Standards Manual - 82.3.4
Procedure:
A.
Police Equipment Section (314 Broadway).
1.
2.
B.
When Cincinnati Traffic Tag (CTT) and Ohio Uniform Traffic Tag
(OUTT) citation books are received at the Equipment Section, an
entry will be made in their ledger by a supervisor indicating:
a.
The date received.
b.
That the certified list has been received from the manufacturer
and is on file.
c.
The number of books received and their serial numbers.
d.
The name of the supervisor.
When the Equipment Section issues these books to the field units,
they will mark the ledger stating the number of books dispensed and
the serial numbers of the books.
Field units.
1.
2.
When a field unit requires a supply of CTT/OUTT citation books, they
will send two copies of a Requisition (Form 10) to the Equipment
Section stating the number of books required. Normally a unit should
not maintain more than a month's supply of citation books, with the
lower numbered books distributed first, in order.
a.
Return the original Form 10 to the field unit with the requested
number of citation books.
b.
Retain the duplicate Form 10 for the Equipment Section files.
Store the CTT/OUTT citation books for the field unit in a locked
cabinet under the control of supervisors only.
a.
3.
The district/unit receptacle for citations and receipt cards will
always be locked with the key under the control of supervisors
only.
When an officer requires CTT/OUTT citation books, the shift
supervisor will issue the requested number of books. The requesting
officer will immediately:
a.
Examine the book for completeness.
Rev. 9/89, Replaces 7/89
1
12.245
4.
b.
Confirm and note the beginning and ending serial numbers, his
badge number, unit of assignment, and sign the receipt card in
the front of the book.
c.
Give the receipt card to the supervisor.
The shift supervisor will examine the CTT/OUTT receipt card for
completeness and accuracy. He will place his badge number in the
lower right-hand corner, showing he has issued the citation book. The
supervisor will then give the receipt card to the data entry clerk, who
will enter it into the computer.
a.
Upon completion the data entry clerk will send the receipt card to
the Records Unit.
5.
When the last CTT/OUTT citation tag in the book has been issued,
the officer will hand in the ledger card to the shift supervisor. He will
completely fill out the ledger card noting each violation written.
6.
All issued citations will be turned in each day at the end of the officer's
tour of duty to a supervisor.
7.
Each day on the third shift, the OIC will prepare or have prepared a
Receipt for Traffic Citation (Form 308). This form will list numerically
all citation tags issued by his unit during the preceding 24 hours.
a.
Upon completion of all the information on the Form 308, the
officer preparing the report will place his name in the column
Prepared by Officer. A supervisor will confirm and sign the
column Verified by Supervisor.
b.
Prepare a separate Form 308 for juvenile OUTTs, adult OUTTs
(companion cases stapled together) and all CTTs. Process the
three Forms 308 in three separate envelopes and mail them to
the Records Unit during the next regular mail run.
1)
C.
Records Unit will mail the second copy of the Form 308
back to the district after verifying the information on the
form.
Records Unit.
1.
File the OUTT and CTT receipt cards and the CTTs when they are
received from the field units. Enter the OUTTs and CTTs into their
appropriate computer system.
a.
File clerks will maintain the CTT affidavit copies in numerical
sequence. When the ledger card is received, they will check to
make sure that all 25 affidavit copies are on file.
1)
Exception: When a warrant is issued and the affidavit copy
is removed for this purpose, the clerk will so state on the
CTT receipt card, with the date and serial number of the
CTT.
Rev. 9/89, Replaces 7/89
2
12.245
b.
If any affidavit copies are found to be missing, the Records Unit
supervisor will advise the affected bureau commander via a
Form 17.
Rev. 9/89, Replaces 7/89
3
12.250
12.250 CANCELLATION OF CITATIONS, TRAFFIC
WARRANTS, & CRIMINAL WARRANTS
Reference:
Procedure 12.215 - Cincinnati Parking Infraction (CPI)
Procedure 12.251 - Citations Issued to Department Owned Vehicles
Purpose:
To maintain integrity, professional excellence and community trust through the
proper enforcement of state and local laws.
To establish a procedure for the timely correction of citations and warrants
issued in error.
Policy:
When the Department becomes aware of a potential citation/warrant written in
error, an immediate and thorough investigation will be made to ensure that
charges against the wrongfully accused are dismissed and the correct violator is
identified and charged with the offense.
Information:
Ohio Traffic Rules require submission of all written traffic citations to the court for
proper disposition.
Submit traffic citations, parking infractions, and notices to appear, issued in error
to the Records Section for official disposition in court under the following
circumstances:
•
When the issuing officer made an obvious error in judgment or
committed a violation of Department policy.
•
Issued a citation for a violation of a nonexistent sign, an inoperative
traffic signal, unintentionally wrote a citation using an operator’s license
or identification of a person not the violator are examples when a
dismissal request is justified.
Normally, a minor mistake; e.g., color of vehicle, street condition, omitting the
make of the vehicle, etc., does not justify a request for dismissal.
When it is necessary to make a correction, do not scratch out the mistake.
Strike a single line through the mistake to enable the defendants copy to be
compared when it is received in the system.
It is imperative that the warrant number(s) are checked accurately and that these
warrants match the physical description of the subject along with statistical
information (i.e.; date of birth, social security number, control number, etc.).
Even one number being transposed on either the warrant or personal statistical
data can mean the difference between a person being wrongly accused and the
correct violator being identified and charged with an offense.
Rev. 11/00, Replaces 8/00
1
12.250
Procedure:
A.
Felony/Misdemeanor/Traffic Warrant(s)/Capias issued in error to adults not
the violator of the offense:
1.
Officers discovering an error will notify a supervisor immediately.
2.
Supervisor will:
a.
Verify appropriate case number with the clerk’s office or through
a computer query.
b.
Verify if multiple charges have been listed with each case
number (i.e.; A-D).
1)
c.
Specify each charge to be cancelled if multiple charges
exist.
Contact the appropriate Prosecutor’s Office to request a
cancellation of the warrant/capias.
1)
For felony warrants/capiases, contact the Hamilton
County Prosecutor’s office (0800-1600 hours) at 946-3000.
2)
For misdemeanor/traffic warrants/capiases, contact the
City Prosecutor’s office (0800-1700) at 352-5333.
3)
If an error is discovered after normal business hours make
an entry into the district/section/unit blotter indicating the
actions taken.
a)
d.
Prepare a Form 17, briefly stating the facts including the
subject’s name, control number, court case number, all related
charges (i.e.; A-D), and the title of the criminal offense. List the
name of the prosecutor and action taken on the Form 17.
1)
Fax a copy of the Form 17 to the appropriate Prosecutor’s
office within one (1) hour following the initial phone call to
validate the cancellation request.
a)
e.
A first shift supervisor will contact the appropriate
Prosecutor’s office during the following business day
to verify that a request for cancellation is in process.
The Prosecutor’s office will place the request for
cancellation on the court docket for the following day.
Route the Form 17 through the chain of command to the Bureau
Commander.
Rev. 11/00, Replaces 8/00
2
12.250
3.
The Bureau Commander will:
a.
Indicate approval/disapproval by initialing the Form 17 within
three working days and forward it to the appropriate prosecutor’s
office:
1)
Felony Warrants/Capiases:
Hamilton County Prosecutor’s Office
Chief Assistant Prosecutor
230 East Ninth Street
Suite 4000
Cincinnati, Ohio 45202
2)
Misdemeanor and Traffic Warrants/Capias:
City Prosecutor’s Office via interdepartmental mail
b.
4.
Notify the proper District/Section/Unit commander of the
originating officer signing the warrant/capias of the
approval/disapproval.
District/Section/Unit Commanders or his designee will:
a.
Notify the officer under his command who signed original charge
on the individual in error.
1)
B.
The originating officer will re-open the investigation and
attempt to identify and sign appropriate charges on the
proper violator.
Citations:
1.
Officer will notify a supervisor when a citizen makes a complaint about
a Multi-Count Uniform Traffic Ticket (MUTT), Cincinnati Parking
Infraction (CPI),or a Notice to Appear (NTA).
2.
The supervisor will:
a.
Conduct a preliminary investigation to determine the validity of
the complaint.
b.
If warranted, notify the Records Section Customer Service
Supervisor to place a “hold” on the citation pending an
investigation. A hold may be placed 24 hours a day. If all
copies of the citation are present, no “hold” is necessary.
1)
Only Police Department supervisors, Traffic Engineering
supervisors, and Public Utilities supervisors can place a
hold on a CPI, MUTT, or an NTA.
Rev. 11/00, Replaces 8/00
3
12.250
2)
c.
3.
The Records Section Commander will maintain a tickler file
and conduct periodic audits to determine if the citation in
question has been investigated and a disposition made.
Forward the citation to the Police Chief’s Office for assignment
to the appropriate unit. A Form 17 will accompany the citation
identifying the person contacted at Records Section and
indicating the time and date the hold was placed and the name
of the supervisor placing the hold. It will also include the name
of the complainant and the nature of the complaint.
1)
If the original complaint is received at the issuing officer’s
unit, routing to the Police Chief’s Office for assignment is
not necessary.
2)
If a Public Utilities employee issued the citation, instruct the
citizen to immediately mail or deliver the citation to the
Public Utilities Office.
A supervisor, upon receipt of a citation from the Police Chief’s Office,
will verify a hold was placed and take action on the complaint based
on the investigation.
a.
If the complaint relates to a matter of law rather than policy or
procedure, and does not qualify for cancellation, the citation will
be:
1)
Returned to the violator if the original complaint was
received at the issuing officer’s unit of assignment. Explain
the citation can either be paid out, if permitted, or
registered for court or a hearing. Remove the hold at
Records Section.
2)
Returned to Patrol Bureau with a Form 17 if the complaint
originated from the Police Chief’s Office, explaining the
results of the investigation.
a)
b.
The Patrol Bureau will return the citation to the
violator and remove the hold at Records Section.
If in the opinion of the investigating supervisor an error was
made, document the error on a Citation Cancellation Request
(Form 654) and request dismissal of the citation by the court or
hearing officer.
1)
c.
Do not tell the citizen the citation will be
dismissed. Official disposition is adjudicated by
the court/hearing officer. Advise the citizen he
will receive a letter from the Chief’s Office.
If a person already paid the citation, or is convicted of a violation
from a citation issued in error, the investigating supervisor will
document this in the “Details” section of Form 654.
Rev. 11/00, Replaces 8/00
4
12.250
1)
4.
The investigating supervisor will make a request for
reimbursement and dismissal of the citation by the court or
hearing officer.
If an officer discovers an error after writing the citation but before
issuing it to the offender, he will turn in all copies of the citation to his
supervisor who will verify and document the error on a Form 654.
a.
The issuing officer’s supervisor will indicate on the Form 654 the
action taken or initiated in order to prevent recurrence of the
error; e.g., signs to be changed or replaced, etc. Attach a
Report of Conditions Affecting Other Departments (Form 318).
1)
In those instances where disciplinary action is initiated or
recommended, (counseling, reprimand, etc.), do not include
recommendations in the original Form 654.
a)
2)
5.
Inform the bureau commander of such action via a
brief statement on the bureau commander’s copy of
the Form 654.
After approval by the district/section commander and
affected bureau commander, forward the Form 654 with
the citation attached to the Patrol Bureau Commander.
The Patrol Bureau Commander will stamp the back of the violator’s
copy “Recommend Cancellation by the Court” if approved.
a.
When appropriate, the Patrol Bureau Commander will notify the
complainant by letter of the action taken.
b.
The Form 654 and attached citation will be forwarded to the
Records Section Commander for review. Do not forward the
Form 654 dealing with disciplinary action.
1)
Records Section will prepare a master docket sheet for all
citations for submission to the court/hearing officer for
cancellation.
2)
Send photocopies of all Forms 654 and citations to the
Hamilton County Municipal Court Clerk’s Office along with
the master docket sheet by the second Friday of each
month.
3)
The clerk will sign the master docket sheet as a record of
receipt.
6.
A Department employee will not schedule a parking infraction for a
hearing unless the citation has been issued to the employee.
7.
This procedure does not alter existing Procedure 12.215, Cincinnati
Parking Infraction (CPI), regarding the processing of citations
involving defective parking meters.
Rev. 11/00, Replaces 8/00
5
12.250
C.
Juvenile Warrant(s)/Capias Issued in Error:
1.
Officers observing an error will notify a supervisor immediately.
2.
Supervisor will:
a.
Immediately contact Hamilton County Juvenile Court’s Director
of Case Management and Docketing Office at 852-3016 and
request a cancellation of the warrant(s)/capias.
b.
Prepare a Form 17, briefly stating the facts including the
subjects name, control number, court case number, and the title
of the criminal offense.
1)
c.
Route the Form 17 through the chain of command to the Bureau
Commander.
1)
d.
Supervisor must fax a copy of the Form 17 to the Hamilton
County Juvenile Court’s Director of Case Management and
Docketing Office at 852-3009 within one (1) hour following
the initial phone call to validate the cancellation request.
The Bureau Commander will indicate approval/disapproval
by initialing the Form 17 within 3 working days and forward
it to the Hamilton County Juvenile Court’s Clerks Office.
Ensure the proper District/Section/Unit commander to whom the
originating officer signing the warrant/capias reports to is notified
of the approval/disapproval.
1)
District/Section/Unit commander or his designee will notify
the officer who signed original charge on the individual in
error.
a)
D.
Officer will re-open the investigation and attempt to
identify and sign appropriate charges on the proper
violator.
Juvenile Offenders Cited as Adults:
1.
If an MUTT or NTA is issued to an individual believed to be an adult,
and it is later determined the person in question is a juvenile, the
following will apply:
a.
If the issuing officer recognizes the mistake, the officer's
supervisor will prepare a Form 654, briefly stating the facts.
1)
Send the Form 654 with the citation attached to the
Warrant/ Identification Unit (W/IU) and mark "Attention:
Warrant Supervisor."
Rev. 11/00, Replaces 8/00
6
12.250
2.
E.
b.
The W/IU will deliver the Form 654 with the citation attached to
the Hamilton County Municipal Court Clerk's Office so it may be
placed on the docket for the following court day.
c.
If dismissal criteria is met, the court will mark the citation
"Transferred to Juvenile."
d.
The room clerk in Traffic Arraignment will transfer the citation to
Juvenile Court.
e.
Juvenile Court will assign a new court date and notify the
juvenile of the mandatory court appearance.
If a citation is submitted to court, and at the hearing it is discovered
the person cited is a juvenile, follow Sections D.1.c. through D.1.e.
Citations: Unwritten, Soiled, Defaced, or Unusable:
1.
Dispose of soiled, defaced, obsolete, or unusable citations in the
following manner:
a.
Prepare a Form 17 briefly stating the reason.
b.
List citations numerically by serial number.
c.
The district/section commander and the bureau commander will
indicate approval by initialing the Form 17 and forwarding it with
all copies of the citations to the Supply Unit.
d.
2.
1)
A copy of the Form 17 will be returned to the unit
authorizing removal of the citations from the computer
system.
2)
The Supply Unit will keep a copy of the Form 17.
The Supply Unit will dispose of citations by shredding.
Citations soiled by body fluids:
a.
Place citations in an evidence bag and mark with a biohazard
label.
b.
Follow Sections E.1.a. through E.1.c. for routing the Form 17.
c.
Send citations directly to the Court Property Unit with a copy of
the Form 17.
d.
Court Property Unit will dispose of citations by burning.
Rev. 11/00, Replaces 8/00
7
12.251
12.251 CITATIONS ISSUED TO DEPARTMENT OWNED
VEHICLES
Reference:
Procedure - 12.215 - Cincinnati Parking Infraction (CPI)
Procedure - 12.250 - Cancellation of Citations
Procedure:
A.
B.
C.
D.
When a Police Department employee receives a Cincinnati Parking
Infraction (CPI) on a city owned/leased vehicle, the employee will:
1.
Immediately notify his supervisor the citation has been issued.
2.
The employee will document on a Form 17 the circumstances which
caused the citation to be issued.
3.
The employee may choose to pay the citation or schedule a hearing.
In this case, Sections A.1. and A.2. of this procedure must still be
followed.
The Employee's Supervisor Will:
1.
Notify the Records Unit Customer Service Supervisor to place a
"holder" on the citation pending an investigation if the employee
chooses not to pay or schedule a hearing.
2.
Investigate and verify the information as related by the employee.
3.
Indicate on the Form 17 submitted by the employee corrective action
taken or initiated.
4.
If circumstances warrant a cancellation, complete a Citation
Cancellation Request (Form 654).
5.
The employee's Form 17 and the Form 654 with the citation attached
will be forwarded to the district/section commander.
The District/Section Commander Will:
1.
Review and make a recommendation.
2.
Forward the entire packet to the affected bureau commander for
approval.
If the employee was not conducting official police business, or the
district/section or bureau commander disapproves the request for
cancellation, the following will apply:
1.
The employee's supervisor will notify the Records Unit Customer
Rev. 10/92, Replaces 11/86
1
12.251
E.
2.
Return the citation to the employee for payment or to schedule a
hearing.
3.
Failure to have the citation properly disposed of will result in
disciplinary action.
If the district/section commander and the affected bureau commander
recommend cancellation, the employee's Form 17 and the Form 654 with
the citation attached will be forwarded to the Patrol Bureau Commander.
1.
F.
The Patrol Bureau Commander will stamp the back of the citation
"Recommend Cancellation by the Court" if he approves the request.
The employee's Form 17 and the Form 654 with the citation attached will
be forwarded through the Central Records Section Commander to the
Records Unit.
1.
The Records Unit will prepare a master docket sheet for all citations
submitted to the hearing officer for cancellation.
2.
Photo copies of all Forms 17, Forms 654, and citations will be sent to
the Hamilton County Municipal Court Clerk's Office along with the
master docket sheet by the second Friday of each month.
3.
The master docket sheet will be signed by the clerk as a record of
receipt.
G.
If, in the judgment of the hearing officer, the citation does not warrant
cancellation or dismissal, the citation will be returned and processed as
described in Section D.
H.
This procedure does not alter existing Procedure 12.215 regarding the
processing of citations involving defective parking meters.
Rev. 10/92, Replaces 11/86
2
12.255
12.255 DELINQUENT VEHICLES:
IMPOUNDING/PROCESSING DELINQUENT TAGS
Reference:
Cincinnati Municipal Code 513-1 - Impoundment of Motor Vehicles
Standards Manual - 61.1.2, 61.4.3
Procedure 12.031 Automatic License Plate Recognition (ALPR)
Information:
When owners do not respond to parking infraction citations and the citations
become delinquent, the Records Unit will publish the license numbers of such
vehicles on the Delinquent Vehicle List, which is distributed every 30 days.
Procedure:
A.
Any police officer locating a delinquent vehicle will query Police
Communications Section (PCS) by radio for registration by VIN and by
license plates to determine the delinquent status and owner of the vehicle.
If the registration by VIN and license plates do not match, further
investigation is indicated. After verification, the officer will take the following
steps to process the vehicle:
1.
2.
If the vehicle is unattended and the officer is unable to locate the
owner/driver, he will:
a.
Notify PCS via Signal 38.
b.
Initiate a Towing Report (Form 369).
c.
Wait with the delinquent vehicle until the wrecker arrives.
d.
Give a copy of the Form 369 to the wrecker driver and wait until
the vehicle is actually towed from the scene.
If the vehicle is attended (the driver or owner is in or around the
vehicle and makes his presence known before the wrecker leaves the
curb and enters a moving traffic lane):
a.
The officer can direct or escort the driver to the district or the
Hamilton County Municipal Court Clerk's Office to satisfy the
delinquent tags.
b.
If the driver cannot satisfy the tags without delay at the Hamilton
County Municipal Court Clerk's Office, or if it is more convenient
for the officer, direct and escort the driver with the vehicle to the
nearest district.
c.
Inform the driver that his vehicle will be impounded if he does
not satisfy the delinquent tags and return to the district with proof
within a specified time.
1)
Police personnel should consider existing circumstances
Rev. 10/14/08, Replaces 1/94
1
12.255
(availability of parking spaces at the district, time of day,
etc.) when determining what is a reasonable time before
impounding the vehicle.
d.
3.
B.
If the driver fails to return with proof that tags were satisfied
within the specified time, remove the vehicle to the Impound
Unit.
The investigating officer has the discretion at any time to impound
any delinquent vehicle when circumstances dictate. The officer is
responsible for the safety of the operator and occupants when
impounding an occupied delinquent vehicle. The officer will transport
the occupants if needed to a safe location such as a residence or
nearest police station.
The type and number of delinquent violations can be verified by running a
Query Outstanding Ticket (QOT).
1.
Any vehicle appearing on the delinquent list has more than one
delinquent tag. The fine doubles for each delinquent tag.
2.
In order to redeem the delinquent vehicle, the driver/owner must:
a.
Pay all delinquent tags at the:
Hamilton County Municipal Court Clerk's Office - Room 112
Hamilton County Justice Center
314 East Ninth Street
C.
b.
If the owner of a delinquent vehicle wishes to contest his
delinquent citations, he may register them for court.
c.
If warrants have been issued, bond must be posted on each.
3.
The owner/driver may retrieve his vehicle held at a district by
presenting proof the tags have been paid or registered for court.
4.
The owner/driver may retrieve his vehicle held at the Impound Unit,
1810 South Street, by presenting proof the tags have been paid or
registered for court, and by paying impoundage fees.
By ordinance, the owner of any vehicle impounded under Cincinnati
Municipal Code Section 513-1 must be given notice of such impoundment.
Make the notice personally or by regular mail sent to the last known
address of the registered owner.
1.
The impounding officer will attempt to notify the owner of the vehicle
in person or by telephone of the impoundment, providing such
notification can be made during the impoundment and investigation
process.
a.
The officer will indicate notification has or has not been made in
the space provided on the Form 369.
Rev. 10/14/08, Replaces 1/94
2
12.255
2.
b.
If the impounding officer is unable to notify the owner during the
impoundment/investigation process, the officer will note on the
Form 369 under "Remarks & Explanation" any information
gained relative to the owner's current address or telephone
number.
c.
Impound Unit personnel are responsible for the notification after
the vehicle is received at the Impound Unit.
The notification will consist of:
a.
The vehicle has been taken into custody and stored at (location).
b.
The reason for impoundment.
c.
The procedure for obtaining release of the vehicle.
d.
The accrued charges for impoundment and storage.
e.
That the persons claiming the vehicle can challenge the validity
of the impoundment at a hearing before the sworn officer on
duty at the Impound Unit.
f.
That failure to obtain release of the vehicle within 20 days after
impoundment may cause it to be sold at auction.
Rev. 10/14/08, Replaces 1/94
3
12.260
12.260 WARRANTS FOR ADULTS: SERVICE AND
RECORDING
Reference:
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and
Felony Offenders
Procedure 12.900 - Processing Juvenile Offenders
Purpose:
Establish a uniform system for handling warrants throughout the Police
Department.
Identify the warrant service responsibilities of police districts/sections/units
receiving warrants for service.
Policy:
District/section/unit commanders will continually review and evaluate the warrant
load of the unit and ensure the load remains at a manageable level.
Procedure:
A.
Recording Warrants
1.
Hamilton County Central Warrants Processing Unit (CWPU) prepares
and forwards warrants as follows:
a.
Misdemeanor warrants will be forwarded to the appropriate unit
based upon the defendant’s address.
b.
Felony warrants signed by citizens are forwarded to Criminal
Investigation Section (CIS).
c.
Felony warrants signed by police officers are forwarded to the
police officer who signed the warrant.
2.
CWPU will prepare warrants with the name, address, date processed,
warrant number, charge, bond (if any), date of offense, and assigned
district.
3.
Warrants sent to the wrong district/section/unit should be forwarded to
the correct district/section/unit through interdepartmental mail.
Rev. 10/03/06, Replaces 10/18/05
1
12.260
a.
4.
Form 481, Cincinnati Police Warrant Transfer, will be completed
in duplicate.
1)
The original will remain with the transferring unit.
2)
The copy will be forwarded with the warrant.
Units will immediately enter warrants into their unit database.
a.
Felony warrants will be assigned to the police officer who signed
the warrant.
b.
Misdemeanor warrants will be assigned to the beat officer who
signed the warrant or who is assigned to the beat of the
defendant’s last known address.
c.
City warrants for county residents will be assigned to the unit
warrant officer.
d.
An Open Warrant List will be printed and distributed on a daily
basis to all district/section/unit personnel after warrant
assignments are made.
1)
5.
A list of capiases issued on the previous court date will also
be attached.
When a warrant is paid out, recalled by the Clerk's Office or Records
Section, or bond is posted, CWPU will notify the assigned
district/section/unit by teletype.
a.
The unit will note the recall in their unit database.
6.
Record information relative to a warrant on the Open Warrants List.
7.
Process warrants for persons held at the Hamilton County Justice
Center or other correctional facilities through CWPU.
a.
8.
When the serving officer learns of the incarceration, the officer
will contact CWPU for further instructions.
At the end of each calendar month, all affected units will submit a
Warrant Report which will include the following information:
a.
Warrants on hand at the beginning of the work period.
b.
Warrants received during the work period.
Rev. 10/03/06, Replaces 10/18/05
2
12.260
9.
B.
c.
Warrants processed during the work period.
d.
Warrants on hand at the end of the work period.
At the end of each calendar month, all affected units will notify Patrol
Administration of how many felony warrants were received and how
many were served.
Serving Warrants
1.
Service areas for warrants
a.
Criminal warrants issued for City of Cincinnati cases by the
judiciary are the responsibility of the Cincinnati Police
Department. The service areas for Hamilton County follow U.S.
Postal zones. The following zones will serve as boundaries
outside the City limits:
1)
Service areas for District Two: 45230, 36, 42, 43, 44 and
parts of 45111 (Camp Dennison), 45140 (Loveland) and
45174 (Terrace Park) within Hamilton County.
2)
Service areas for District Three: 45211, 33, 38, 48 and
parts of 45001 (Addyston), 45002 (Cleves), 45030
(Harrison), 45033 (Hooven), 45041 (Miamitown), 45051
(Mt. St. Joseph) and 45052 (North Bend) within Hamilton
County.
3)
Service areas for District Four: 45212, 15, 16, 17, 37, 41,
and 46 within Hamilton County.
4)
Service areas for District Five: 45218, 24, 31, 39, 40, and
47 within Hamilton County.
2.
Record all information obtained about the wanted person on a Form
311, Incident Closure Report, and return to the warrant officer.
3.
If the warrant can be served at an address different than the one
listed, the police officer will complete a Form 481 and forward it to the
correct district/section/unit.
4.
Units will attempt to serve the warrants within a 30 day period.
a.
Do not return “Unable to Serve” within the 30 day period when
there is an indication the subject lives at the listed address.
Rev. 10/03/06, Replaces 10/18/05
3
12.260
1)
In multiple-unit dwellings, at least two persons, identified by
name, must verify the subject does not live at that address.
2)
Contact the manager or owner of the dwelling for
verification and possible forwarding address.
b.
If the wanted person moved or is not known to reside at the
stated address, check the City Directory, Telephone Directory,
Regional Crime Information Center (RCIC) system and the
Internet (www.courtclerk.org, etc.) for possible new addresses.
c.
If no information is secured by these means, request the post
office branch serving the area furnish a forwarding address.
1)
d.
Canvass the neighborhood for information concerning wanted
persons (neighbors, store clerks, postal workers, etc.).
e.
If there are children of school age in the wanted person's family,
contact the Cincinnati Public School’s Student Information
System (Phone: 363-0380) for the student’s current address.
1)
For this purpose, provide the full name of the child, birth
date or age, and the names of both parents.
f.
Explore the possibility of a transposition of street numbers or the
chance the named street might be in a neighboring community.
g.
When returning a warrant “Unable to Serve”, officers will note on
the Open Warrants List the reason for this and forward the
warrant to the warrant officer.
1)
C.
Use a Form 675P, Address Information Request, to contact
the post office.
The unit will note the information in their unit database.
Cold Case Warrants
1.
Felony warrants unable to be served after the 30 day period will
be considered cold case warrants. The Intelligence Section
Commander will request RCIC to initiate a query of the master
name file. RCIC will return a list of persons who have a warrant
for any felony of violence outstanding for more than 30 days.
The Intelligence Section Commander will identify the most
violent offenders and develop a list for dissemination.
Rev. 10/03/06, Replaces 10/18/05
4
12.260
2.
Intelligence Section will maintain a Cold Case Fugitive spreadsheet
and ensure the spreadsheet is updated with all events involving each
cold case fugitive.
3.
Monthly, the Intelligence Section Commander will select up to 30
names. Each name will be listed on a Form 637, Cold Case Fugitive
form.
4.
Intelligence Section will:
a.
Conduct a preliminary investigation.
b.
Note useful data on the Form 637.
c.
Complete the necessary paperwork to have the warrant
removed from files and databases if the fugitive is deceased.
d.
Process holders and, when appropriate, arrange for extradition if
the fugitive is incarcerated.
e.
If the fugitive is neither deceased nor incarcerated, the
Intelligence Section Commander will assign the Form 637 for
follow-up investigation to the Southern Ohio Fugitive
Apprehension Strike Team (SOFAST).
5.
If an arrest is made, return the Form 637 to the Intelligence Section
Commander with pertinent data related to the arrest.
6.
If no arrest is made within 30 days, return the Form 637 to the
Intelligence Section Commander. Include all data obtained regarding
the fugitive.
7.
Intelligence Section personnel will update the Cold Case Fugitive
spreadsheet and file the Form 637.
Rev. 10/03/06, Replaces 10/18/05
5
12.265
12.265 WRECKER AND TOWING
References:
Procedure 12.200 – Snow Emergencies and Hazardous Road Conditions
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.275 - Removal of Abandoned Junk Motor Vehicles (Public or Private
Property) and Overtime Parked Vehicles
Procedure 12.420 - Reporting Vehicle Thefts and Related Offenses
United States Supreme Court Decision: Colorado v. Bertine, 55 LW 4105.
Standards Manual 61.2.2, 61.4.1, 61.4.2, 61.4.3,1.2.4
Purpose:
To provide a procedure for towing vehicles.
To specify the type of wrecker used and towing destination for each situation requiring the
use of a wrecker.
To ensure inventory searches of vehicles are conducted within the guidelines of all
applicable laws so that citizens’ 4th Amendment rights are protected.
To ensure the proper handling and protection of property found within towed vehicles.
Policy:
Cincinnati Police Department personnel will conduct a thorough inventory search of all
vehicles taken into custody per Cincinnati Municipal Code (CMC) Section 513-1.
The towing officer will immediately notify Police Communications Section (PCS) whenever
a vehicle is towed or moved. This includes but is not limited to the following: rotation tow,
special event tow, contract wrecker tow, junk tow, peak travel hour tows etc. Notification
can occur via radio (signal 38), phone or fax.
An exception to this procedure is snow emergencies. During a snow emergency, follow
Procedure 12.200, Snow Emergencies and Hazardous Road Conditions. Notification is
not necessary when private wreckers tow vehicles involved in a crash.
Procedure:
A.
Use of Wreckers
1.
A private contract wrecker is available through the Impound Unit, MondayFriday, and personnel will use it to:
a.
Move and spot vehicles at the Impound Unit
Rev. 03/11/03, Replaces 10/01
1
12.265
2.
b.
Tow vehicles from the Impound Unit to the Coroner's Office, court, etc.
c.
Tow vehicles from district storage
Officers will use rotation wreckers for all other tows or moves. Officers may
also use rotation wreckers for the following:
a.
To remain with a police officer at major events such as parades, or for
keeping traffic routes clear.
1)
3.
B.
Payment for rotation wreckers comes from the Police Department
budget. Wreckers remaining with a police officer will receive
payment for each vehicle towed or the pre-established hourly fee,
whichever is greater.
b.
To remain with a police officer to move several vehicles from a snow
emergency route, or under other circumstances where they must move
several vehicles.
c.
To haul heavy objects, such as a safe.
Police personnel needing a wrecker for a City vehicle will contact their
district/unit desk officer who will call Fleet Services at the Municipal Garage.
Fleet Services will contact the Channel 8 operator who will dispatch a wrecker
from the Department wrecker rotation list. A Form 369, Towing Report, is not
needed.
Request for Wrecker Service
1.
Field personnel will initiate requests for wrecker service by calling PCS by
radio, telephone or MDT (to CH08).
a.
2.
When officers use the radio, they will give their car number and "Signal
38," indicating the need for the service of a wrecker.
The PCS dispatcher will request the officer's location and advise the officer to
switch to Channel 8. To help the Channel 8 operator determine the type of
wrecker and equipment to dispatch, the officer will give the following
information:
a.
Location, make, model and vehicle license number, or VIN if there is no
license plate
b.
Reason for request
Rev. 03/11/03, Replaces 10/01
2
12.265
c.
C.
1)
Tires: up, flat, or missing
2)
Wheels: straight, turned in, etc.
3)
Is vehicle overturned, off roadway, over embankment, etc.
4)
Size and type of vehicle such as pick-up truck, semi, 2-ton,
motorcycle, vehicle with fiberglass body, vehicle with accessories
hanging below bumper, 4 wheel drive etc.
5)
In parking garage with low ceiling
Impoundment of Semi-trailers
1.
D.
Conditions that will affect wrecker type and equipment needed:
PCS will attempt to locate a qualified CDL driver to drive the semi-trailer to the
impound lot. If a qualified CDL driver is not available, PCS will arrange for a
heavy-duty wrecker to tow the semi-trailer to the impound lot.
Improper Use of Wreckers
1.
Officers will issue a citation to operators of private wreckers in violation of the
following Cincinnati Municipal Code Sections:
506-13 - Following an Emergency Vehicle
506-14 -
Following an Emergency or Public Safety Vehicle
506-15 - Gathering at the Scene of Accident
a.
2.
The citing officer will forward a legible copy of the Form 314, Notice to
Appear and/or MUTT citation to the Impound Unit.
When officers find a rotation wrecker not in compliance with the City Manager's
Wrecker and Towing Rules and Regulations, the officer will advise a
supervisor. The supervisor will prepare a Form 17 giving full details. The
supervisor will then forward the Form 17 through channels to the Police Chief.
This includes:
a.
Slow or no response
b.
Improper or lack of equipment
c.
Failure to display Police Rotation (PR) sticker when towing off the police
rotation list.
Rev. 03/11/03, Replaces 10/01
3
12.265
d.
Any other noncompliance with the rules and regulations. The rules and
regulations are on file at the Impound Unit.
1)
E.
Failure to comply with these rules and regulations can result in
suspension or removal from the rotation-towing list.
Reporting Towed or Moved Vehicles
1.
In all cases where officers use a commercial wrecker for impoundment or move
only purposes, the officer will remain with the vehicle and will furnish the
wrecker driver with a written order to tow. The towing officer will immediately
notify PCS for every towed or moved vehicle. The notification can occur via
radio (signal 38), phone or fax.
a.
The wrecker operator will be given the yellow copy of the Form 369 for
auto theft recoveries. The white and yellow copy of Form 369 will be
given to the wrecker operator for all other types of towed vehicles.
Officers will route copies as per Procedure 12.270.
b.
Officers will report a move only on a Form 369, as required per Procedure
12.270.
1)
c.
If a wrecker moves a vehicle to a location other than the Impound
Unit, such as a district or the Coroner's Office, and subsequently the
vehicle is moved to the Impound Unit, a Form 369 must accompany
the vehicle.
Officers will report vehicles towed for violation of signs erected to expedite
traffic during morning and evening peak travel hours on a Form 369.
2.
Officers will record vehicles involved in crashes and towed by private wreckers
on a Form OH-1, State of Ohio Traffic Crash Report. It is not necessary to
complete a Form 369 or to notify PCS of the tow.
3.
All reports regarding the removal of vehicles (moved or impounded) will
include, in addition to the requested information, on the form:
a.
A specific list of the damages on the vehicle in the space provided on the
Form 369.
b.
Additional information in the "Narrative" block of a Form 301, Incident
Report, for auto theft recoveries. Entries such as "poor," "fair," etc., are
not acceptable.
c.
Property remaining in the vehicle and its location.
Rev. 03/11/03, Replaces 10/01
4
12.265
d.
F.
The exact reason for towing or impounding the vehicle. If applicable,
state the type of offense, offense numbers, etc.
Property Contained in Vehicles Towed or Moved
1.
The officer ordering the tow will complete the inventory search. The inventory
search will include the opening of closed containers and the listing of their
contents.
a.
2.
The purpose of the inventory search is not to locate evidence of criminal
activity, but to protect the owner's property, protect the Police Department
from subsequent claims of loss or stolen property, and to protect Police
Department personnel from dangerous items. If there is any doubt, obtain
a search warrant or contact the Prosecutor's Office for advice.
Most property in vehicles removed to private storage areas will be left in the
vehicle and under the custodial care of the rotation wrecker operator. An
exception to this is visible contraband, evidence, and valuable property.
a.
Officers will remove from the vehicle all contraband, confiscated property,
valuable property, and property held for court. Process all items at the
district.
b.
For purposes of this procedure, valuable property is any one item or
group of items having a value of $500.00 or more.
c.
Items that are in a secured non-visible area of the vehicle, such as the
trunk or a lockable storage bin, may remain in this secured area if they do
not exceed $500.00 in total value.
1)
If not in a secured area, property up to $500.00 may be secured in a
lockable trunk, if accessible.
d.
The spare tire, vehicle jack, and lug wrench are considered part of the
vehicle and will remain in the vehicle, in the trunk or out of sight if
possible. List these on an Incident Report and/or Form 369.
e.
The occasional flashlight, screwdriver, jumper cables, quart(s) of oil, or
dirty clothes may remain in the vehicle.
3.
The towing officer will call to the attention of the wrecker operator all visible
property left in the vehicle being towed.
4.
Officers will identify and tag all property removed from vehicles and not held for
court or confiscated as "Found Property."
Rev. 03/11/03, Replaces 10/01
5
12.265
a.
The Form 330, Property Receipt, should list descriptive data of the vehicle
from which the property came.
5.
When a vehicle is towed to the district, the towing officer may leave the
property in the vehicle until the vehicle has arrived at the district. The officer
will then process the property through the district property room or locker.
6.
Property will remain in the vehicle towed to the Impound Unit for violation of
peak hour restrictions.
7.
a.
Officers will record on the Form 369 a description of the property
remaining in the vehicle and inform the wrecker operator of any such
property.
b.
Receiving officers at the Impound Unit will be responsible for approved
property left in the vehicle in conformance with this procedure and will
process such property in accordance with the Impound Unit Standard
Operating Procedure (SOP).
When Impound Unit personnel find property that should have been processed
by the towing officer, they will contact the officer to respond to the Impound Unit
to process the property.
a.
If the towing officer is unavailable to respond, the officer's unit supervisor
will be contacted.
1)
The towing officer's unit supervisor will have someone respond to
process the property.
Rev. 03/11/03, Replaces 10/01
6
12.266
12.266 UTILIZATION OF VEHICLE ENTRY DEVICES
Definition:
Slim-Jim A metal device which can be slipped between the window and molding
of a vehicle’s window to unlock the vehicle’s door.
Purpose:
Provide a guide for officers in the use of vehicle entry devices or Slim-Jims
Policy:
Personally owned vehicle entry devices (Slim-Jims) may be carried by on duty
personnel to expedite the police mission.
Information:
Police officers possessing Slim-Jim tools for opening locked vehicles should be
aware that a single type of Slim-Jim will not open all vehicles.
This procedure does not preclude the use of a Slim-Jim to execute a search
warrant.
Procedure:
A.
Police officers may utilize Slim-Jim devices in the following circumstances:
1.
To facilitate the removal of an auto that is blocking traffic or causing a
hazard.
2.
Protection of life or property; (e.g., small child locked in auto).
3.
Conditions exist that the use of a Slim-Jim device would expedite the
police mission. Some conditions to be considered include but are not
limited to:
destitute nature of vehicle's driver
lateness of the hour
location of occurrence
a lack of alternative assistance
possible threat to vehicle/driver's safety
B.
Police officers utilizing the Slim-Jim to open autos, under the above
circumstances, will first determine that the requesting person is the owner
of the vehicle or legally entitled to entry.
1.
Owners must be informed of the possibility of damage to the vehicle.
Rev. 04/27/04 Replaces 5/85
1
12.266
2.
Damage to vehicles resulting from the use of a Slim-Jim other than as
described in A.2. will be the personal responsibility of the user of the
device.
a.
C.
Officers should be aware of newer model vehicles with anti theft
devices and safety equipment (e.g., side impact airbags).
Police Communications Section (PCS) will not dispatch police units to
utilize Slim-Jim devices except in the circumstances described in A.2.
Rev. 04/27/04 Replaces 5/85
2
12.270
12.270 IMPOUNDING, MOVING, AND RELEASE OF
VEHICLES
References:
Procedure 12.205, Traffic Enforcement
Procedure 12.215, Cincinnati Parking Infraction (CPI)
Procedure 12.255, Delinquent Vehicles: Impounding/Processing Delinquent
Tags
Procedure 12.265, Wrecker and Towing
Procedure 12.275, Removal of Abandoned Junk Motor Vehicles (Public or
Private Property) and Overtime Parked Vehicles
Procedure 12.420, Reporting Vehicle Thefts and Related Offenses
Cincinnati Municipal Code Chapter 513 - Impoundment of Motor Vehicles
Cincinnati Municipal Code Chapter 503 - Vehicular Construction and Equipment
Cincinnati Municipal Code Chapter 759 - Use of a Motor Vehicle to Facilitate a
Prostitution or Drug Related Crime
Ohio Revised Code 4511.681- Parking prohibitions on private property
Ohio Revised Code 4513.60 - Abandoned Vehicles
Purpose:
Determine when vehicles may be impounded and/or released.
Establish accountability for safeguarding property contained in impounded
vehicles.
Information:
Cincinnati Municipal Code (CMC) Chapter 759 authorizes officers to tow vehicles
used in drug or prostitution offenses. Vehicles will be held in lieu of payment of a
civil fine authorized under this ordinance. To tow the vehicle, the offender must
be the registered owner or joint owner of the vehicle, unless an officer can prove
the owner knew the vehicle was being used for a drug or prostitution offense.
The vehicle can then be towed, as the owner no longer qualifies as an “innocent
owner”.
The civil penalty may still be issued to offenders not the registered owner, but the
vehicle cannot be held in lieu of payment. If the vehicle is owned by an innocent
party, the vehicle will be treated as any other “driver arrested” situation, e.g. park
the car, turn keys over to responsible party, etc.
The Impound Unit, located at 3425 Spring Grove Avenue, is open from 0630 to
2130 hours seven days a week.
Rev. 10/02/07, Replaces 07/17/07
1
12.270
Procedure:
A.
B.
Impoundment of Vehicles Outside Impound Unit’s Business Hours
1.
Using a supervisor approved move-only, cite and move to a nonhazardous location any vehicle parked in violation and creating a
hazard.
2.
Do not tow delinquent vehicles when Impound Unit is closed.
a.
If the vehicle is occupied, drive it to the district and hold it while
the owner pays the citation or posts the required bond for
delinquent tags.
b.
If parked, cite the vehicle for any current violation. Make a
blotter entry noting the location of the vehicle for follow up.
3.
Do not tow vehicles bearing tags expired more than 30 days when the
Impound Unit is closed.
4.
Tow vehicle recoveries to a designated private storage facility if it is
not possible to release the vehicle to the owner at the scene.
5.
Provide the district desk person with a completed Form 369, Towing
Report, whenever a vehicle is held at a district. Make a blotter entry to
have the vehicle towed during Impound Unit’s operating hours.
Impoundment Guidelines
1.
A police officer may impound any motor vehicle which is:
a.
Stolen.
b.
Parked in violation of the law.
c.
Involved in a motor vehicle crash.
d.
Has two or more outstanding delinquent parking infractions.
e.
Not displaying license plates.
f.
Blocking ingress or egress to a street, alley, roadway, driveway,
parking facility, or loading facility.
g.
In the possession of a physically arrested person.
h.
Driven by a person under the influence of alcohol, drugs, or a
combination thereof.
i.
Under the control of a person who requests impoundment for
safekeeping.
j.
Held for evidence or investigation (requires supervisory
approval).
Rev. 10/02/07, Replaces 07/17/07
2
12.270
k.
Driven by an owner who is under suspension.
2.
Officers will tow vehicles when probable cause exists to make a
physical arrest for a violation of CMC Chapter 759. To tow the vehicle,
the offender must be the registered owner or joint owner of the
vehicle, unless an officer can prove the owner knew the vehicle was
being used for a drug or prostitution offense.
3.
With the exception of vehicles towed pursuant to CMC Chapter 759,
do not impound the motor vehicle of a physically arrested person or a
first offender OVI arrest if:
4.
a.
The owner/driver allows the officer to safely and legally park the
vehicle.
b.
The vehicle is not needed for evidence.
c.
The driver arranges for someone to take custody of his vehicle.
Do not leave vehicles on expressways.
a.
5.
Allow up to three hours for owners/operators to move vehicles
legitimately disabled on the side of expressways not in a
hazardous location.
If unable to release a stolen vehicle to the owner, complete Form 303,
Motor Vehicle Incident Report, and Form 369.
a.
The original Form 303 is to be forwarded to Records Section.
b.
Fax Form 369 to the Impound Unit (352-3998), as soon as
possible.
1)
Give the yellow copy of Form 369 to the wrecker driver.
2)
The pink copy of Form 369 is retained at the district.
a) Forward a copy of Form 369 to Records Section.
3)
Forward the original white copy of Form 369 to the
Impound Unit.
6.
For all other tows, the original Form 369 will accompany the vehicle to
the Impound Unit.
7.
The owner of any vehicle impounded under CMC Section 513-1,
Impoundment of Motor Vehicles, must be notified in person or by a
letter sent to the last known address of the registered owner.
a.
Impounding officers will attempt to notify the vehicle owner in
person or by phone and note same on the Form 369. If officers
are unable to make notification, they will record any relevant
information that would help Impound Unit personnel make the
notify.
Rev. 10/02/07, Replaces 07/17/07
3
12.270
1)
b.
C.
After towing to the lot, Impound Unit personnel will be
responsible for notifying the owner.
The notification will include the:
1)
Reason for impounding and the location where the vehicle
was towed.
2)
Procedure for obtaining release of the vehicle.
3)
Basic charges for impound and storage according to
current posted rates.
8.
Vehicles which were legitimately disabled and towed to clear the flow
of traffic are not subject to impound fees if claimed within 48 hours of
impoundment. Impound Unit personnel will make this determination.
9.
Failure to obtain release of the motor vehicle within 20 days of
impound may cause it to be salvaged or sold at auction.
10.
The towing officer will inventory the vehicle and the contents of any
vehicle taken to the district. Do this even though someone may be
responding to pick up the vehicle.
Impounding Vehicles
1.
The driver/owner is arrested and the vehicle has to be impounded:
a.
A supervisor must approve the impound.
1)
2.
Supervisors do not need to approve vehicle tows when a
subject is arrested under CMC Chapter 759.
b.
Tow or drive the vehicle directly to the Impound Unit during
normal business hours.
c.
If the vehicle is towed or driven to the district, notify the Impound
Unit to remove it by contract wrecker the next day.
Vehicles towed for CMC Chapter 759 violations:
a.
Persons charged with violations of CMC Chapter 759 must be
given a written “Notice of Civil Citation”.
1)
The hard copy of the “Notice of Civil Citation” is given to the
defendant.
2)
The pink copy goes to the Office of Administrative
Hearings.
a)
These copies must be delivered by 1100 hours the
day following the arrest.
Rev. 10/02/07, Replaces 07/17/07
4
12.270
3)
The yellow copy is forwarded to the Treasurer’s Office at
City Hall.
a)
3.
Officers must also fax a copy to the Treasurer’s Office
(352-6984) in the event the defendant attempts to pay
the civil fine before the copy of the citation arrives.
b.
Complete Form 369. Indicate in the “Reason for Towing” and
“Comments” blocks the operator was arrested for the CMC 759
violation.
c.
Provide the wrecker driver with the Form 369 and attach a copy
of the Form 527, Arrest and Investigation Report, and the original
(white) copy of the “Notice of Civil Citation”.
Operating a Vehicle under the Influence (OVI) and Driving while Under
Suspension (DUS).
a.
Tow a vehicle for pretrial seizure in all cases of DUS except:
1)
2)
b.
When charging the driver with ORC 4510.037J.
a)
Points suspensions (12 or more points).
b)
Status – “Suspended”.
When charging the driver with ORC 4510.21.
a)
Suspensions with time limits/dates that are expired.
b)
Driver failed to pay fines/fees required to reinstate
license.
c)
Status – “Failure to Reinstate”.
If a vehicle operator is arrested for any of the following, tow the
vehicle which is subject to forfeiture:
1)
Operating a vehicle which has been ordered immobilized.
2)
Arrested for an OVI with three previous convictions within
six years.
3)
Arrested for wrongful entrustment with one previous
conviction (no time limit).
4)
Arrested for an FRA suspension with two previous
convictions within five years.
5)
Arrested for an OVI suspension with two previous
convictions within six years.
Rev. 10/02/07, Replaces 07/17/07
5
12.270
c.
Complete Form BMV-2255 (ALS) and Form 369.
d.
Inform Police Communications Section (PCS) whether the
vehicle is being towed for pretrial seizure or is subject to
forfeiture.
1)
4.
Towing companies will tow vehicles held for pretrial seizure
and those subject to forfeiture to the Impound Unit.
Vehicles ordered immobilized by the courts not already impounded.
a.
Records Section will distribute all court issued Immobilization
Notices (BMV-2270) to Patrol Bureau for action.
1)
Districts will make reasonable attempts to locate these
vehicles and impound them.
2)
If the vehicle is found, impound the vehicle and advise PCS
the vehicle is a court ordered immobilization. These tows
go to the Impound Unit.
a)
b.
5.
Complete Form 369.
Patrol Bureau will return Forms BMV-2270 to Records Section
along with the disposition.
Stolen/recovered vehicles:
a.
Every effort should be made to release auto recoveries to the
owner at the scene of recovery.
b.
If the owner cannot be notified or refuses to claim the vehicle at
the scene, the vehicle will be towed by a private wrecker
designated for auto recoveries.
1)
Request PCS dispatch a private wrecker.
2)
Forms 369 and 303 will be completed by the recovering
officer.
a)
Fax Form 369 to the Impound Unit (352-3998), as
soon as possible.
1]
The yellow copy will be given to the wrecker
driver.
2]
The original white copy will be forwarded to the
Impound Unit.
3]
The pink copy will be retained at the district.
4]
Forward a copy of the Form 369 to Records
Section.
Rev. 10/02/07, Replaces 07/17/07
6
12.270
b)
c.
If the vehicle is not held as evidence, follow Procedure 12.420.
d.
Investigations concerning recoveries will be done at the private
storage facility within 24 hours of recovery.
1)
e.
6.
7.
Location of the vehicle can be obtained from the Form 369
or PCS.
All fees for towing and storage are charged by the private towing
company.
Held for evidence/investigation
a.
A supervisor must approve the impounding of the vehicle.
b.
Tow or drive the vehicle directly to the Impound Unit, during
business hours.
c.
If the vehicle is towed or driven to the district, notify the Impound
Unit to remove it by contract wrecker the next day.
d.
If a coroner's case, the vehicle may be towed to the Coroner's
Office, with supervisory approval. Other options include towing
or driving to the district for processing and release, or towing to
the Impound Unit by first shift.
e.
Take vehicles held by specialized units to a district with the
approval of the district shift officer in charge (OIC). Specialized
units will maintain responsibility for the disposition of the vehicle.
Vehicles held at the request of other authorities
a.
If possible, contact the requesting authority.
b.
If they can respond immediately, release the vehicle to them.
1)
c.
8.
All copies of Form 303 will be turned in at the district
for processing.
Obtain a signed Form 330, Property Receipt, for the
vehicle.
If the requesting authority cannot respond immediately:
1)
Drive the vehicle to the district.
2)
If the vehicle is not drivable, tow to the Impound Unit during
business hours. If outside of Impound Unit’s business
hours, tow to the district. Include all pertinent information
on the Form 369.
Vehicles unlawfully parked on a street and interfering with pedestrian
or vehicular traffic:
Rev. 10/02/07, Replaces 07/17/07
7
12.270
a.
Have the owner/driver move the vehicle immediately.
b.
If the owner/driver is not immediately available, cite for the
proper violation and tow it to the Impound Unit.
1)
9.
When the Impound Unit is closed, a supervisor may
approve a move-only. Issue a citation and tow to a nonhazardous location.
Vehicles parked on private or public property without consent of the
owner:
a.
For vehicles parked on private property, or public property under
the control of non-City government agency (Board of Education,
Metropolitan Housing Authority, etc.).
1)
If the vehicle is obstructing driveways, loading docks, fire
lanes, ingress, or egress, the officer will try to locate the
owner and have the vehicle moved immediately. If unable
to locate the owner, the officer will impound the vehicle.
Include on the Form 369 a brief investigative summary and
the property owner's name who requested the vehicle
removed.
a)
2)
If the vehicle is occupying a parking space or appears to be
abandoned but not blocking ingress, egress, loading dock,
etc., the officer will run a computer check to see if it is
stolen, wanted, etc. The officer will tow only if there is a
computer hit.
a)
3)
Do not tow delinquent vehicles from private property.
For vehicles on private property, other than City property,
and not stolen or wanted, the officer should try to find the
vehicle owner to move the vehicle. The officer will advise
the property owner of the towing provisions under Ohio
Revised Code Sections 4511.681 and 4513.60. If the
property owner follows these guidelines, the vehicle can be
towed at the vehicle owner's expense.
a)
b.
Issue citations for any applicable violations.
For abandoned junk vehicles on private property,
refer to Procedure 12.275.
For private property owned or controlled by the City, including
the Park Board, Recreation Department, etc., take the following
action:
1)
If the vehicle is obstructing driveways, loading docks, fire
lanes, ingress, or egress, the officer will try to locate the
owner and have the vehicle moved immediately. If unable
to locate the owner, the officer will impound the vehicle.
Rev. 10/02/07, Replaces 07/17/07
8
12.270
a)
2)
c.
If applicable, issue a citation for the violation.
If the vehicle is stolen, otherwise wanted, or in violation of
the law, impound it.
For unlicensed/inoperable vehicles on private property, refer to
Procedure 12.275.
10.
Follow Procedure 12.275 for abandoned or junk vehicles.
11.
Follow Procedure 12.255 for delinquent vehicles.
12.
Vehicles wanted for hit-skip:
a.
If an individual is cited or physically arrested for hit-skip, tow the
vehicle to the Impound Unit, only if it is needed for follow-up
investigation, with the approval of a supervisor.
b.
Impound the vehicle if needed as evidence, with supervisory
approval.
1)
c.
13.
14.
Complete Form 369. A photocopy of the Form 369 will be
forwarded to the Hit Skip Squad with the OH-1.
Expired license plates:
a.
If the plate is expired 30 days or less, issue a citation for CMC
503-52 if the vehicle is moving; or CMC Section 508-25 if the
vehicle is parked.
b.
If the plate is expired more than 30 days, the vehicle may be
impounded. A citation is sufficient if registration information is
verified and the owner notified.
No license plates:
a.
15.
If the driver is physically arrested, follow Section C.1. of this
procedure.
Impound the vehicle; do not issue a citation. This applies to both
occupied and unoccupied vehicles.
Unroadworthy vehicles:
a.
Officers will issue an Ohio Multi-Count Uniform Traffic Ticket
(MUTT) using CMC 503-29.
1)
Have the vehicle towed to the Impound Unit. Do not drive
or allow the vehicle to be driven.
2)
Impound Unit will arrange to have the vehicle inspected by
a mechanic from Fleet Services.
Rev. 10/02/07, Replaces 07/17/07
9
12.270
b.
16.
17.
D.
The mechanic will record his findings on a Form 17,
noting his name, unit, and telephone line number.
Unroadworthy Forms 17 are kept in a separate file at
Impound Unit. A copy of this Form 17 is also sent to
the impounding officer by Impound Unit for use in
court cases.
b)
If the inspection determines the vehicle is
unroadworthy, the additional towing charge and the
inspection fee charged to the Department by the
Municipal Garage will be passed on to the owner of
the unroadworthy vehicle.
Officers notified for court about an unroadworthy vehicle charge
will contact the Impound Unit supervisor who will notify the
mechanic to appear in court to testify about the condition of the
vehicle.
Parked vehicle involved in a vehicular crash:
a.
If legally parked and not causing a safety hazard, do not tow.
b.
If parked in violation or interfering with traffic, and the owner is
not located, tow the vehicle to the Impound Unit as held for
owner.
Follow Procedure 12.215 for street cleaning or paving violations.
Move-Only Tows
1.
Use a move-only as a last resort unless an emergency situation
requires immediate action. Costs for move-only tows are charged to
the Police Department.
a.
2.
E.
a)
Cite vehicles when violations are present.
Complete Form 369. Be specific, complete each appropriate space.
a.
Remain at the scene to direct the wrecker driver.
b.
Give the white copy to the wrecker driver.
c.
The officer's immediate supervisor will review, sign, and forward
the yellow copy to the Impound Unit without delay.
d.
Note on the Form 369 if the vehicle was cited for a traffic
violation.
Mechanically Disabled Vehicles
1.
The owner/driver is responsible for securing a wrecker for a disabled
vehicle not involved in an auto accident. Instruct the owner/driver to
secure a licensed wrecker of his choice.
Rev. 10/02/07, Replaces 07/17/07
10
12.270
a.
2.
F.
The officer will attempt to move the vehicle to a nonhazardous location with the use of push bumpers.
2)
If the vehicle is unable to be moved the officer will remain
with the vehicle and may allow the owner/driver one hour to
secure a private wrecker.
3)
The officer will remove the vehicle if it is determined a
greater hazard would be created by allowing the vehicle to
remain.
a)
The officer will inform the owner/driver they are
responsible for the wrecker payment.
b)
The officer will instruct the wrecker driver to charge
the owner/driver and not the Police Department.
Vehicles disabled due to fire will immediately be removed from the
roadway by the owner/driver or impounded by the officer.
Process as required in Procedure 12.265.
Damage on Vehicles:
1.
H.
1)
Property Contained in Vehicles
1.
G.
If the position of the vehicle creates a hazard to motorists or
pedestrians the officer will ensure the vehicle is removed.
List as required in Procedure 12.265.
Releasing Vehicles
1.
At the scene
a.
2.
Release vehicles, not needed for evidence or by other
authorities, to persons with right of possession if they arrive at
the scene before the wrecker driver has left the curb and entered
a moving lane of traffic.
1)
Issue a citation for existing violations.
2)
Advise PCS to put the wrecker driver back on top of the
rotation list.
From Impound Unit
a.
An owner wishing to claim an impounded vehicle must present a
Certificate of Title and/or License Registration and proper
identification at Impound Unit. Impound Unit will ensure the
owner of the vehicle is queried for outstanding warrants prior to
releasing the vehicle.
Rev. 10/02/07, Replaces 07/17/07
11
12.270
b.
Inform owners that impound and storage fees do not include
payment for traffic citations. Traffic citations attached to the
vehicle are to be processed by the vehicle's owner in the regular
manner.
c.
Impound Unit will obtain the total impound and storage fees from
the vehicle owner/driver.
1)
Extra costs for any service necessary to impound or
properly maintain the vehicle will also be added to the
impound and storage fees.
2)
Any person whose vehicle is towed under CMC Chapter
759 will also be required to pay a $500.00 civil fine.
3)
Impound Unit accepts cash, Visa, or MasterCard for
payment of impound fees. No checks are accepted.
a)
Only the person whose name appears on the credit
card may use it.
d.
Inform owners with vehicles on the delinquent list that all
delinquent tags must be paid or registered for court. They must
present proof of payment to the Impound Unit before the vehicle
will be released.
e.
Releasing vehicles when Impound Unit is closed:
f.
1)
Generally, vehicles are not released from the Impound Unit
when closed. In unusual circumstances, the Night Chief, or
in his absence the shift OIC of the involved district may
authorize recall of an Impound Unit officer to release a
vehicle. PCS maintains a recall list. Examples of unusual
circumstances include: a vehicle impounded through error
which would reflect adversely on the public image of the
Department, extreme hardships such as an out-of-town
family with young or ill members, etc. Supervisors ordering
such recalls should bear in mind the expense incurred from
a recall.
2)
Vehicles driven or towed to the district may be released
without charge at the district upon authorization of the Night
Chief, or in his absence, the shift OIC. Send a copy of the
completed Form 369 to the Impound Unit.
3)
A Form 17 should be made by the requesting unit
supervisor showing unusual circumstances and/or reason
for request.
Removal from district lot
Rev. 10/02/07, Replaces 07/17/07
12
12.270
1)
Vehicles impounded at the district when the Impound Unit
is closed will be ordered towed to the Impound Unit after
0700 by notifying the Impound Unit OIC. Impound Unit will
dispatch the contract wrecker. If release is imminent, or a
given period has been permitted for the owner to claim the
vehicle from the district without imposing a towing fee, the
towing may be deferred.
2)
If a vehicle is towed to a district and again to the Impound
Unit, the additional towing charge is not passed on to the
owner. The owner will pay only the normal fee.
3)
Time for calculating storage fees begins when the vehicle
is actually impounded at the Impound Unit.
Rev. 10/02/07, Replaces 07/17/07
13
12.275
12.275 REMOVAL OF ABANDONED JUNK MOTOR
VEHICLES (PUBLIC OR PRIVATE PROPERTY) AND
OVERTIME PARKED VEHICLES
References:
Ohio Revised Code 4513.63 – Photographing and Recording Information as to
Abandoned Junk Vehicles; Disposal of Vehicle
Ohio Revised Code 4513.64 – Willfully Abandoning Junk Motor Vehicle
Prohibited
Ohio Revised Code 4513.65 – Junk Motor Vehicle; Collector’s Vehicle; Storage;
Notice
Cincinnati Municipal Code 508-12 – Parking Unreasonable Time
Cincinnati Municipal Code 511-31 – Storage of Unlicensed or Inoperable
Vehicles in Residence or Commercial
Districts
Cincinnati Municipal Code 512-26 – Penalty for Violation of Section 511-31;
Impoundment
Cincinnati Nuisance Ordinance # 0054-2003 – Junk Vehicles
Procedure 12.265, Wrecker and Towing
Procedure 12.270, Impounding, Moving and Release of Vehicles
Definitions:
Ohio Revised Code defines an abandoned junk motor vehicle as a motor
vehicle which meets all the following requirements:
1.
Remains on private property for more than 48 hours without the permission
of the property owner; remains on a public street over 48 hours.
2.
Three years old or older.
3.
Extensively damaged or missing functional parts.
4.
Apparently inoperable.
5.
Has a fair market value of $1,500.00 or less.
Cincinnati Municipal Code defines a nuisance junk motor vehicle as a motor
vehicle which meets all of the following requirements:
1.
Has been left on private property for more than 72 hours or left on a public
street, public way, or other property open to the public for purposes of
vehicular travel or parking, or upon or within the right-of-way of any road or
highway, for more than 48 hours.
2.
Three years old or older.
Rev. 07/17/07 Replaces 01/13/04
1
12.275
3.
Extensively damaged, including but not limited to any combination of the
following types of damage: deflated, wrecked, or missing tires or rims;
missing or wrecked body parts; broken or missing headlights, taillights, or
brake lights; broken, cracked or missing windows or windshields; missing all
or part of the motor or transmission; missing or invalid license plate(s); or a
vehicle that is otherwise apparently inoperable and
4.
Has a fair market value of $1,500.00 or less.
Overtime-parked vehicle - any vehicle parked upon a highway longer than 14
hours and not moved. Overtime parked vehicles that are also junk vehicles will
be processed as junk vehicles.
Inoperable vehicle - any vehicle missing wheels, tires, windshield, motor, or
transmission or which has been so damaged as to appear not safely operable.
Any vehicle that remains parked in one location for more than 30 days is
presumed to be inoperable. Inoperable vehicles parked on expressways can be
towed immediately.
Purpose:
To assure proper classification of abandoned/nuisance junk and overtime parked
vehicles under provisions of state and local laws and to provide a procedure for
the removal and/or disposal of such vehicles.
Policy:
Officers will promptly and thoroughly investigate abandoned nuisance,
abandoned junk, overtime, and inoperable vehicles.
The Police Department will work together with the community, the Health
Department, the Department of Buildings and Inspections, and the Public
Services Department to maintain safe traffic patterns by removing unsafe and
unsightly vehicles from the streets, public ways and private properties.
Procedure:
A.
Officers receiving complaints concerning junk or overtime parked vehicles
will:
1.
Query the vehicle by license plate and vehicle identification number.
2.
Make a reasonable attempt to have the owner move the vehicle.
3.
Mark the tires.
4.
Enter the following information into the District Overtime
Parking Book:
a.
Date of entry and name and badge number of the officer making
the entry.
b.
Location of vehicle.
Rev. 07/17/07 Replaces 01/13/04
2
12.275
5.
6.
B.
c.
Make, model, and color of the vehicle.
d.
License plate and VIN of the vehicle.
e.
Badge number of the officer that checked NCIC and RCIC.
f.
Date, time, and badge number of the officer that marked the
tires.
Complete two Forms 368, Abandoned Vehicle stickers, to mark
abandoned vehicles, abandoned junk vehicles, overtime parked
vehicles, and vehicles parked on expressways.
a.
Place one completed sticker on the driver side door window.
Place the other sticker on the rear window. When windows are
missing, place the stickers as close to these windows as
possible.
b.
Officers may choose to covertly mark the position of a vehicle
rather than applying the Form 368 if they believe a violator is
attempting to avoid towing.
Follow Procedure 12.265, Wrecker and Towing, if vehicles do not
move within the allotted time.
The District Overtime Parking Enforcement Officer has the responsibility for
inspecting the District Overtime Parking Book and completing the
investigation and required reports.
1.
2.
Tow overtime parked vehicles that meet all requirements to the
Impound Unit.
a.
Tow overtime parked vehicles between 0630 and 2130 hours
only.
b.
On the Form 369, Towing Report, check the Overtime Parker
block and indicate the date and time the tires of the vehicle were
marked.
c.
In the notes section of the Form 369 state the vehicle was
marked with two Forms 368.
d.
Make the appropriate disposition entry in the District Overtime
Parking Book.
Tow abandoned junk vehicles that meet all requirements to the
Impound Lot within seven days of the initial investigation.
a.
Use the designated junk vehicle wrecker when towing these
vehicles.
b.
On the Form 369, check the Abandoned Junk Vehicle block.
Rev. 07/17/07 Replaces 01/13/04
3
12.275
C.
D.
c.
In the notes section of the Form 369, note the vehicle was
marked with two Forms 368.
d.
Note the appropriate disposition and badge number of the
investigating officer in the District Overtime Parking Book.
Vehicles Parked on Expressways
1.
Immediately tow vehicles creating a traffic hazard.
2.
Allow up to three hours for owners/operators to move vehicles that are
legitimately disabled on the side of expressways not in a hazardous
location.
3.
Vehicles legitimately disabled and claimed within 48 hours of
impoundment are not subject to impoundment fees. Impound Unit
personnel will make this determination.
Enforcement of Junk Vehicle Nuisance Ordinance
1.
All requests for enforcement of the Junk Vehicle Nuisance Ordinance
will be forwarded to the Health Department.
2.
The Health Department will disseminate junk vehicle complaints in the
following manner:
a.
b.
Junk vehicles on private property will be investigated by the
Health Department utilizing the following guidelines:
1)
Respond and inspect (making nuisance determination).
2)
Issue civil notice.
3)
Allow 168 hours for appeal request.
4)
If vehicle is not moved, notify Impound Unit to schedule
tow.
5)
Impound Unit will notify the Health Department upon
completion of the tow.
6)
Health Department will issue a fine.
Public Property/City Streets
1)
All complaints will be forwarded to the Police Department.
2)
Appropriate enforcement action will be initiated utilizing the
guidelines set forth in this procedure.
Rev. 07/17/07 Replaces 01/13/04
4
12.275
E.
Towing of Unlicensed/Inoperable Vehicles from Private Property or
Commercial Property
1.
Enforce violations of CMC 511-31 on a complaint only basis. Officers
must obtain a search warrant before entering onto private property for
enforcement action without the consent of the property owner.
2.
Impound Unit maintains a log of CMC 511-31 violations including the
status.
3.
Initial Investigation Process
a.
Enter complaints of unlicensed or inoperable vehicles on private
property in the District Overtime Parking Book.
b.
District officers investigate all reported violations of CMC 511-31.
c.
Visually inspect the premises before entering onto the property.
d.
e.
1)
Close the complaint unfounded if the vehicle is not visible
from the sidewalk, street, a public place, or a neighboring
property and no further action is needed.
2)
Vehicles visible from the sidewalk, street, a public place or
a neighboring property require further investigation.
An officer, locating a vehicle that is subject to towing, will attempt
to locate the property owner or vehicle owner.
1)
Officers can enter on private property and question
persons found there when attempting to locate a vehicle
owner.
2)
Officers may question persons found on the property and
attempt to determine the ownership of the vehicle or
property.
3)
Officers locating owners of the property or vehicle will
explain the nature of the complaint and request permission
to inspect the vehicle. Officers will leave the location
immediately when consent for a search is denied.
4)
Officers obtaining consent will verify current registration
and inoperable status. In determining inoperable status
use the Definitions section of this procedure as a guide.
Advise owners of vehicles determined to be unlicensed and/or
inoperable they are in violation of CMC Section 511-31. The
owners have 72 hours to move the vehicle or be cited.
1)
Officers will first issue a warning citation to the owner of the
vehicles or property.
2)
Vehicles removed within 72 hours require no further action.
Rev. 07/17/07 Replaces 01/13/04
5
12.275
3)
f.
a)
Issue a Notice to Appear (NTA) with a minor
misdemeanor payout fine schedule for first offense.
b)
When violators have a prior conviction, the second
offense is a misdemeanor of the 4th degree.
Complete a criminal complaint and issue a NTA with
a mandatory court date.
c)
After a conviction in court is obtained, the
investigating officer will request a court order
authorizing towing, impounding and immediate
disposal of the vehicle.
d)
Vehicles will only be towed and impounded with a
court order.
Officers will notify the Impound Unit with results of investigations
for violations of CMC 511-31.
1)
4.
When vehicles are not removed, contact the Impound Unit
to find out if the violator has a prior conviction for CMC
511-31.
Send a copy of the citations to the Impound Unit.
When violator denies consent to investigate the officers will:
a.
Notify the Impound Unit.
1)
Impound Unit will investigate all cases where the initial
investigation by district officers is incomplete because
consent to enter the property was denied.
2)
Impound Unit personnel will obtain a search warrant when
necessary for completion of an investigation.
3)
Impound Unit will inspect the vehicle to determine if a
violation of CMC 511-31 exists and issue citations where
necessary. An Impound Unit and district officer will appear
in court on contested cases.
b.
After a conviction in court is obtained, Impound Unit personnel
will request a court order authorizing towing, impounding, and
the immediate disposal of the vehicle.
c.
Vehicles will only be towed and impounded with a court order.
Rev. 07/17/07 Replaces 01/13/04
6
12.300
12.300 INVESTIGATION OF BOMBS AND BOMB THREATS,
DISPOSAL OF DANGEROUS WAR SOUVENIRS AND
EXPLOSIVES
Reference:
Procedure 12.143 – Explosive Ordnance Detection Canine Operations
Definitions:
Terrorism - the unlawful use of force or violence against persons or property
to intimidate or coerce a government, the civilian population, or any segment
thereof, in furtherance of political or social objectives.
Terrorist Incident - a violent act, or an act dangerous to human life, in
violation of the criminal laws of the United States or of any State, to
intimidate or coerce a government, the civilian population, or any segment
thereof in furtherance of political or social objectives.
Purpose:
To ensure the safety of all citizens and public safety personnel in the area of
suspected explosive devices.
Policy:
Officers will immediately respond and thoroughly investigate threats of bomb and
explosive devices. Explosive Ordnance Detection (EOD) canines will conduct a
thorough search of the premises when deemed necessary.
Information:
During large public events, i.e., Riverfest, stadium sporting events, etc., police
officers should pay particular attention to unattended packages or packages in
suspicious areas.
Procedure:
A.
Bomb Threats
1.
Immediately advise Police Communications Section (PCS) after
receiving a bomb threat.
a.
2.
PCS will dispatch a beat car and a supervisor to the scene.
Notify PCS of arrival before reaching a minimum 1000 feet
(approximately two city blocks) from the bomb threat scene. Turn off
all radios, mobile phones, Mobile Data Computers, and other types of
electronic transmitting devices.
Rev. 02/13/07, Replaces 02/10/04
1
12.300
B.
3.
The first officer on the scene will consult with the person in charge of
the property regarding evacuation. The person in charge of the
property must decide to evacuate immediately or wait for a search
before evacuation.
4.
The on-scene supervisor will evaluate the situation and determine
whether an EOD canine team should respond. A search of the
premises can occur with or without evacuation.
a.
When possible, use citizen volunteers familiar with the premises
to assist in the search.
b.
The EOD canine handler may assemble a search team
consisting of other police officers and/or citizen volunteers.
There will be a maximum of three persons on a team.
c.
When possible, place officers at entrances and exits of buildings
to stop and investigate suspicious individuals leaving the building
and advise individuals entering the building of the situation.
d.
Instruct personnel involved in the search not to touch suspicious
objects or anything attached to them. Also instruct them not to
interfere with the EOD canine and handler during the search and
remain behind the handler.
e.
List the areas searched on the Form 311G, Confidential
Investigative Notes General.
Locating Suspicious Items or Bombs
1.
If a police officer or a citizen identifies a suspicious package or
explosive device, a police supervisor will determine if an EOD canine
is to be utilized.
2.
When finding suspicious items or possible explosive devices, the onscene supervisor will evacuate all civilians at least 600 feet away from
the suspicious object.
a.
If it is impractical to evacuate civilians 600 feet away from a
suspicious object or possible explosive device inside a building,
evacuate a minimum of three floors above and below the object.
b.
Officers should be aware there is always a possibility of
secondary explosive devices.
1)
Supervisors should consider requesting an EOD canine
team respond to sweep and clear the operational area of
potential secondary devices.
Rev. 02/13/07, Replaces 02/10/04
2
12.300
3.
Call PCS from a landline telephone at least 600 feet away from the
object and request the Fire Department’s EOD Disposal Unit.
a.
PCS will notify the following:
1)
Fire Department EOD Unit.
2)
Criminal Investigation Section.
3)
Intelligence Section.
4)
Tactical Planning Unit.
a)
4.
5)
Bureau of Alcohol, Tobacco, Firearms, and Explosives, if
an actual explosive device is located or an explosion
occurs.
6)
The Night Chief, when applicable.
7)
Utility services: Duke Energy, Cincinnati Water Works,
Cincinnati Bell Telephone Company, if necessary.
Assign officers to a mobile patrol ensuring all electronic transmitting
devices within 1000 feet of the object are off.
a.
Keep news representatives outside of 1000 feet of the object
and advise them not to broadcast.
5.
Seal off the perimeter with an adequate number of police officers.
6.
Wait for the Fire Department’s EOD Unit.
a.
C.
A Tactical Planning Unit supervisor will evaluate the
incident and activate the Terrorism Early Warning
Group if it is determined to be a terrorist act or a
potential terrorist act.
Once the Fire Department’s EOD Unit is on scene, a designated
team member will direct them to the location of the object.
Bomb Disposal
1.
Upon arrival, the ranking Fire Department supervisor will assume
command of the operation and responsibility for the disposal of
suspicious items or explosive devices.
a.
Only Fire Department EOD personnel will operate within 300
feet of the object. They may request a larger or smaller
evacuation area and will determine if military aid is necessary.
Rev. 02/13/07, Replaces 02/10/04
3
12.300
2. The Police Department will provide support personnel for area security
and marked police vehicles for escorting the bomb disposal vehicle.
a.
D.
Reports
1.
2.
E.
The Fire Department EOD Unit will determine the proper number
and order of vehicles for bomb escorts.
The on-scene supervisor will ensure a Form 301, Incident Report, is
completed for either:
a.
Making False Alarms, 2917.32 Ohio Revised Code (ORC),
(Bomb Threat) when there is no evacuation.
b.
Inducing Panic, 2917.31 ORC, (Bomb Threat) when evacuation
occurs.
The on-scene supervisor will submit a Form 17 to the Police Chief
whenever an explosive device is found or an explosion occurs.
Dangerous War Souvenirs & Explosives
1.
Whenever a police officer discovers or a citizen turns over any war
souvenirs, live ammunition, dynamite, percussion caps, fuses, or
other explosives and devices, the following applies:
a.
Citizens will be advised they are relinquishing all property rights
to the items surrendered, so as to prevent requests for the
Department to deactivate and return souvenirs.
b.
Each item will be considered potentially dangerous. Do not
handle any explosive devices found.
c.
An inquiry will be made as to whether anyone has attempted to
deactivate the device, and this information will be forwarded to
the Fire Department upon arrival.
d.
If an officer discovers an explosive device on-scene, follow
Sections A. through C. of this procedure.
e.
If a citizen brings an explosive device to a police facility:
1)
Immediately turn off police radios.
2)
If the item is a war souvenir, it is safer to get the item
outside and limit access to it until the Fire Department’s
EOD Unit arrives. An alternative is to evacuate the building
and wait for EOD to respond.
3)
If an item appears to be a bomb or is suspicious,
immediately evacuate the building.
4)
Notify PCS from a phone line to have the Fire Department
respond to the scene.
Rev. 02/13/07, Replaces 02/10/04
4
12.300
5)
Upon arrival, the ranking Fire Department supervisor will
assume command of the operation and the responsibility
for the disposal of suspicious items or bombs.
Rev. 02/13/07, Replaces 02/10/04
5
12.310
12.310 WASTE AND MEDICAL DEBRIS USED AT CRIME
SCENES AND TRAFFIC ACCIDENTS
Reference:
Cincinnati Fire Department Operations Manual 204.01 T
Cincinnati Health Department Housing Regulation 00053-9A
Standards Manual - 61.2.3, 61.3.2
Purpose:
Define the responsibilities of Police and Fire Department personnel for removing
waste, medical debris, blood, and body fluids at crime scenes and traffic
accidents, and from public places such as sidewalks and streets.
Procedure:
A.
Police Department personnel are responsible for removing any
nonbiohazardous items at a crime scene or traffic accident.
1.
B.
Remove and properly dispose of rubber gloves, crime scene tape,
flash bulbs, discarded film containers/boxes, etc., before securing the
scene.
Fire Department personnel are responsible for removing any medical
debris, blood, and body fluids from a crime scene, traffic accident, or in
public places such as sidewalks and streets, and decontaminating the area.
1.
The police officer-in-charge (OIC) may request Fire Department
personnel to leave the crime/accident scene intact during a prolonged
investigation of the crime/accident scene.
a.
The police on-scene OIC will contact the fire on-scene OIC and
make necessary arrangements for calling Fire Department
personnel back to the scene to remove medical debris, blood, or
body fluids.
1)
C.
A police officer will remain on the scene until Fire
Department personnel completely remove the medical
debris, blood, or body fluids.
Removal of Waste, Blood, and Body Fluids From Locations Other Than
Public Places:
1.
Cincinnati Health Department regulations state the owner or landlord
of a residence is responsible for removal of such waste and body
fluids.
a.
Owners or landlords can be advised to clean the body fluids with
a solution of 10 percent bleach and water, and also use
universal precautions of wearing a mask and apron.
Rev. 5/96, Replaces 2/94
1
12.310
b.
Health Department Hot Line 564-1780 is manned 24 hours a
day to answer questions.
Rev. 5/96, Replaces 2/94
2
12.315 INVESTIGATION OF RAPE AND OTHER SEXUAL
ASSAULT OFFENSES
References:
Procedure 12.720 - Evidence: Submitting For Physical Analysis
Purpose:
Establish responsibility for preliminary and follow-up investigations of rape and
other sexual assaults.
Reduce victim trauma by limiting the times the victim has to repeat details of the
offense.
Improve victim cooperation during the reporting, investigation, and prosecution of
these offenses.
Enhance the collection, identification, preservation, and continuity of evidence.
Policy:
Whenever any officer files a complaint for a crime in Chapter 2907, Ohio Revised
Code, the victim’s name will not appear on the complaint. When the victim is a
minor, officers will use the term “A minor” in the space for complainant. If the
victim is an adult, officers will use the initials of the adult. This will aid in
protecting the identity of sex crime victims. The victim’s name will still appear on
the Ohio Uniform Incident Reports.
District personnel are responsible for the preliminary investigation of rape and
other sexual assault offenses.
District personnel are responsible for follow-up investigation of the following
offenses (including attempts):
2907.05
2907.06
2907.07
2907.08
2907.09
Gross Sexual Imposition (Victim 18 years and older)
Sexual Imposition (Victim 18 years and older)
Importuning
Voyeurism
Public Indecency
Criminal Investigation Section (CIS) is responsible for follow-up investigation of
the following offenses (including attempts):
2905.05
2907.02
2907.03
2907.04
2907.05
2907.06
Child Enticement
Rape (all ages)
Sexual Battery
Unlawful Sexual Conduct with a Minor
Gross Sexual Imposition (Victim 17 years or younger)
Sexual Imposition (Victim 17 years or younger)
Rev. 07/22/08, Replaces 02/07/06
12.315
Procedure:
A.
Investigation of Rape, Sexual Battery, Unlawful Sexual Conduct with a
Minor, Gross Sexual Imposition, and Sexual Imposition:
1.
When one of the above sexual assault offenses is reported to district
personnel, the investigating officer will summon a supervisor to
coordinate the preliminary investigation.
a.
2.
3.
4.
Whenever possible, the supervisor and officer who received the
complaint should be the only persons interviewing the victim to
determine the correct statutory offense.
1)
Hold this interview in a place free from interruptions,
witnesses, other police officers, etc.
2)
Avoid having the victim repeatedly describe the intimate or
embarrassing details of the offense.
Transport victims 13 years and older to University Hospital for a
physical/rape examination unless a victim insists on a private
physician or another hospital. Transport victims under 13 years of age
to Children's Hospital.
a.
Prior to transporting the victim, the investigating officer or
supervisor will contact a Personal Crimes Unit or CIS supervisor
for direction. It may be preferable for an investigator to interview
the victim prior to any exam.
b.
Whenever possible, the officer who received the complaint
should be the transporting officer.
The district supervisor coordinating the investigation will request CIS
respond if:
a.
There is an immediate need to gather physical evidence (e.g.,
blood, semen stains, fingerprints, etc.).
b.
The offense is fresh and to delay follow-up would jeopardize the
successful completion of the investigation.
If CIS investigators respond, they will assume the authority and
responsibility for further investigation of the offense. This includes
completion of an Ohio Uniform Incident Report and Incident Report
Supplement (Form 311I).
a.
CIS will immediately provide the district desk officer with copies
of a completed Ohio Uniform Incident Report, Form 311I, and
other facts necessary to keep district personnel informed.
b.
District personnel will aid CIS in protecting the crime scene,
making wanted broadcasts, locating suspects and witnesses,
arresting perpetrators, searching for evidence, etc.
Rev. 07/22/08, Replaces 2/7/06
2
12.315
5.
B.
District personnel will complete and process an Ohio Uniform Incident
Report and Form 311I when CIS personnel do not respond to the
scene.
a.
Note the examining hospital facility or private physician on the
Ohio Uniform Incident Report.
b.
Include witness information, evidence held, and other results of
the preliminary investigation on the Form 311I. Fax CIS a copy
of the Ohio Uniform Incident Report and Form 311I immediately.
c.
District personnel may discover information about the offense
after the preliminary investigation is over. Provide this
information to CIS to aid them in the follow-up investigation.
Rape Evidence Kits:
1.
2.
University Hospital and Children's Hospital have locked cabinets to
secure physical evidence taken from the victim by the examining
physician. The physician will identify and place this evidence in paper
bags for deposit into the cabinet. The rape evidence kit includes the
rape exam report, clothing, pubic combings, fingernail scrapings,
blood samples, etc.
a.
Only CIS Personal Crimes Unit investigators will pick up and
process evidence from University Hospital and Children's
Hospital.
b.
CIS Personal Crimes Unit investigators will contact University
and Children’s Hospitals at a minimum of once a week to ensure
evidence has been picked up.
If the physical/rape examination occurs somewhere other than
University Hospital or Children's Hospital, CIS Personal Crimes Unit
investigators will respond upon completion of the examination to pick
up the rape evidence kit.
Rev. 07/22/08, Replaces 2/7/06
3
12.320
12.320 INVESTIGATION OF CON GAME/PIGEON DROP SIGNAL 100
Reference:
Standards Manual - 42.2.1, 42.2.2, 42.2.3
Information:
Bank and financial institution personnel are trained to identify potential victims of
con games as they are withdrawing large sums of money from their accounts.
Bank tellers or managers will attempt to stall the potential victim and notify Police
Communications Section.
Purpose:
Reduce criminal victimization of the elderly and increase arrests in pigeon
drop/con game offenses.
Procedure:
A.
B.
Police Communications Section personnel will:
1.
Keep the phone line open with the bank employee, if possible, to
obtain additional descriptions and any pertinent information.
2.
Dispatch a plainclothes unit from a district investigative unit via a
Signal 100.
a.
If no plainclothes cars are available, notify the district supervisor
and call the Criminal Investigation Section desk to request a
Property Crimes Unit car, or any other available plainclothes
officer.
b.
Do not send a uniformed officer except in the absence of any of
the above plainclothes officers.
Preliminary Investigation:
1.
The responding officer will:
a.
Note the description of the subjects; on foot or in a vehicle
outside the bank, who might be observing the victim or watching
for the arrival of the police.
b.
Discreetly contact the bank representative who made the call
and obtain any pertinent information.
c.
Conduct a thorough preliminary investigation and attempt to
apprehend the suspect(s) if it is determined that a crime is
occurring or has occurred.
Rev. 1/97, Replaces 2/90
1
12.320
d.
Contact the potential victim immediately or on a delayed basis,
depending on the situation, location of suspects, etc.
1)
e.
2.
C.
D.
Very often the victim will be instructed by the suspect to
deliver the money at a prearranged location. Allowing the
victim to make delivery of a dummy money packet to the
suspect is one method aiding apprehension. This should
not be done without the consent of the victim. Safety of the
victim will be the primary concern.
When it is determined an offense has occurred, complete an
Ohio Uniform Incident Report.
The collator in the district of occurrence will forward a copy of the
Ohio Uniform Incident Report to the Property Crimes Unit.
Property Crimes Unit Responsibilities:
1.
Maintain a suspect-photo book and an offense MO book to aid district
investigators.
2.
Maintain liaison with con game/pigeon drop investigators from major
cities around the country. Contact with these people can be very
helpful to the investigator because of the highly transient nature of
con game/pigeon drop offenders.
3.
Begin an all-terminal teletype, including the name and description of
the offenders, and a brief outline of the MO used.
4.
Assist with case preparation and attempt to determine if similar crimes
have occurred in other cities in surrounding areas.
5.
Keep district investigative units apprised of city-wide trends in this
area.
Follow-up Investigation:
1.
Districts will retain responsibility for the follow-up investigation of these
cases.
2.
When an arrest is made, the collator in the district of arrest will send a
copy of the Arrest and Investigation Report (Form 527) to the Property
Crimes Unit.
3.
If no arrest has been made, the investigating officer will notify the
Public Information Office, who will contact the news media with the
description and MO of the perpetrators. Con men are very sensitive
to publicity and generally leave when they realize the public is aware
of their presence.
Rev. 1/97, Replaces 2/90
2
12.330
12.330 GANG INVESTIGATIONS
Reference:
Procedure 12.554 – Field Interview and Interrogation Reports
Ohio Revised Code Section 2923.41-43 – Criminal Gangs
Definitions:
Criminal Gang - means an ongoing formal or informal organization, association,
or group of three or more persons to which all of the following apply:
•
It has as one of its primary activities the commission of one or more of
the following offenses:
Any Felony
Any Offense of Violence
Unlawful Sexual Conduct with a Minor
Criminal Damaging
Aggravated Trespassing
Failure to Disperse
Interference with Custody
Contributing to Unruliness/Delinquency of a Child
Intimidation of Attorney, Victim or Witness in a Criminal Case
Improper Handling of a Firearm in a Motor Vehicle
Trafficking in Marijuana
Ethnic Intimidation
•
It has a common name or one or more common, identifying signs,
symbols, or colors.
•
The persons in the organization, association, or group, individually or
collectively, engage in, or have engaged in, a pattern of criminal gang
activity as defined in 2923.41 ORC.
Set - this term describes a particular gang. The members of a set are usually
close knit and are often tied to a certain school or neighborhood. This term is
used to describe sub-types of criminal organizations.
Clique or Klika - these terms are similar to sets in that they are close-knit groups
within the gang but are usually smaller than a set.
Associate (Gang Member) – any person who fits any of the criteria listed in
Section A. of this procedure.
Security Threat Group Classification – an inmate profile entered into the
statewide gang database of self-proclaimed gang members.
Rev. 08/23/05, Replaces 08/02/05
1
12.330
Purpose:
To identify subjects involved in criminal gang activity as defined in Section
2923.42 of the Ohio Revised Code (ORC). Intelligence Unit anti-gang officers
will review all street gang information for analysis and submission into the Ohio
State Attorney General’s Office Gang Unit Access Research Database
(GUARD).
Policy:
Department personnel will actively engage in the collection, and follow-up investigation,
of gang intelligence.
Information:
Intelligence gathered by anti-gang officers and other law enforcement agencies
will be collected, reviewed and maintained by Intelligence Unit.
In most cases the filing of criminal charges in connection with gang activity will
only occur after extensive investigation and verification. Prior to the filing of
these charges, an Intelligence Unit anti-gang officer will be contacted for
assistance with prosecutorial review.
Procedure:
A.
Department personnel will document all suspected or confirmed street gang
activity and forward it to the district/section/unit anti-gang officers.
1.
Identification of a criminal gang member is based on the person
having two or more of the following criteria entered into the GUARD
database. Identification of an associate member is based on the
person having one of the following criteria entered into the GUARD
database:
a.
A previous conviction under ORC Section 2923.42, “Participation
in a Criminal Gang”, and/or gang specification within the past five
years.
b.
The subject has admitted to being a gang member in verbal or
written form.
c.
The subject has been arrested with known gang members for
offenses consistent with criminal gang activity.
d.
The subject has been identified by law enforcement or by a
reliable informant/source as a gang member.
e.
The subject has been seen by law enforcement or by a reliable
informant/source displaying or possessing a criminal gang name,
sign, symbol, color or material, or defacing public or private
property with the same.
Rev. 08/23/05, Replaces 08/02/05
2
12.330
f.
2.
B.
g.
The subject is known by law enforcement or by a reliable
informant/source to associate with a criminal gang that has been
designated as such by a court of law.
The subject is known by law enforcement or by a reliable
informant/source to have expressed knowledge of criminal gang
activity.
h.
The subject is known by law enforcement or by a reliable
informant/source to have identifiable gang tattoos.
i.
In custody Security Threat Group Classification profile (entered
by Ohio Department of Rehabilitation and Correction or Ohio
Department of Youth Services only).
Contact by department personnel with any subject(s) meeting one or
more of the criteria listed above should be documented and submitted
to the district/section/unit anti-gang officer for review and verification.
a.
Documentation should be made on a Form 534, Contact Card, or
Form 311, Incident Closure.
b.
The district/section/unit anti-gang officer will be responsible for
reviewing submitted documents for completeness and accuracy.
c.
All district/section/unit anti-gang officers will have access to the
GUARD file to review or retrieve information.
d.
Reviewing officers will place their name and badge number on all
paperwork submitted after review, approval and verification.
e.
Upon completion of review and verification of the information, the
officer will forward the document copies to the Intelligence Unit
for entry into GUARD.
Documentation should include the following information for each subject
encountered:
1.
Full name, nickname or alias
2.
Sex
3.
Race/nationality/descent
4.
Date of birth/place of birth
5.
Control number/social security number
6.
School/grade
7.
Employer/job title
8.
Gang/clique/set and status
Rev. 08/23/05, Replaces 08/02/05
3
12.330
C.
D.
9.
Criteria met (include all that apply in detail)
10.
Date/time/location of contact
11.
Source of information, if not a result of a contact
12.
Charges, if arrested/reason for stop on Contact Card/details of contact
13.
Submitting officer/badge number/assignment/relief/phone number
14.
Associates (separate documentation should be completed for each)
15.
Photograph the criminal gang activity when appropriate, including
graffiti, clothing, tattoos, etc.
16.
Homicide Unit personnel will share photos of victims with any tattoos
with an Intelligence Unit anti-gang officer in any suspicious deaths or
any incident where gang activity is suspected.
When an arrest or report is made involving any gang-related incident,
personnel will document the gang information on the following forms.
Forward a legible copy to the district/section/unit anti-gang officer for
review:
1.
Form 527, Arrest and Investigation Report
2.
Form 527A, Case and Bond Information Report
3.
Form 527B, Trial Preparation Report
4.
Form 301SS, Suspect Supplemental Report
5.
Form 301AS, Arrest Supplement
6.
Form 310NS, Narrative Supplement
7.
Form 313, Firearm Report
8.
Or as a supplement to any official police report or incident, including the
above reports.
The Patrol Division Commander will designate a sergeant within the division
to act as the Patrol Division Anti-Gang Supervisor. This supervisor will be
responsible for:
1.
Overseeing the functions of the anti-gang officers within the Patrol
Division and act as a point of contact for the Intelligence Unit.
2.
Attending meetings with the Department Anti-Gang Coordinator as
needed.
Rev. 08/23/05, Replaces 08/02/05
4
12.330
E.
The Investigations Division Commander will designate a sergeant within the
division to act as the Investigations Division Anti-Gang Supervisor. This
supervisor will be responsible for:
1.
Overseeing the functions of the anti-gang officers within the
Investigations Division, except the Intelligence Unit anti-gang officers,
and act as a point of contact for the Intelligence Unit.
2.
Attending meetings with the Department Anti-Gang Coordinator as
needed.
F.
All School Resource Officers (SRO) and Drug Abuse Resistance Education
(DARE) officers in the Youth Services Unit will be anti-gang officers.
G.
District/section/unit anti-gang officers are responsible for sharing
information received from the Intelligence Unit with their district/section/unit
personnel.
H.
Intelligence Unit anti-gang officers will be responsible for coordinating the
transfer of information between the Intelligence Unit and all other
district/section/unit anti-gang officers.
I.
1.
These officers will act as the liaison between the district/section/unit
and the Intelligence Unit.
2.
These officers will place their name and badge number on all
paperwork submitted by the district/section/unit anti-gang officers
when review and approval is completed.
3.
These officers will maintain the Department gang files.
Intelligence Unit anti-gang officers will be responsible for establishing and
maintaining a system to insure the timely review of documents and delivery
of information to the district/section/unit anti-gang officers. These officers
will also be responsible for analyzing all gang related intelligence
information and storing all gang related documentation.
1.
Intelligence Unit anti-gang officers will disseminate gang-related
intelligence to the district/section/unit anti-gang officers.
2.
Intelligence Unit will refer information to the district/section/unit antigang officers for follow-up investigations as needed.
3.
Unconfirmed gang information will be maintained by Intelligence Unit
anti-gang officers until it is either confirmed or purged from the
system.
4.
Verified gang information will be submitted into GUARD and stored as
verified information by Intelligence Unit anti-gang officers.
Rev. 08/23/05, Replaces 08/02/05
5
12.330
5.
J.
Intelligence Unit anti-gang officers will be responsible to update or
purge GUARD and gang files as information is received and within
appropriate time limitations as required by GUARD and/or Intelligence
Unit standard operating procedure.
The Intelligence Unit Commander will act as the Anti-Gang Coordinator for
the Department. The Anti-Gang Coordinator will:
1.
Develop standard operating procedures.
2.
Schedule quarterly meetings with district/section/unit anti-gang
officers to ensure a coordinated effort. More frequent meetings can
be called as activities dictate.
3.
Directly oversee Intelligence Unit anti-gang officers.
4.
Directly oversee storage of the central gang intelligence files.
5.
Approve all GUARD entries/purges and oversee the actual
input/deletion of data.
6.
Conduct quarterly audits of data transactions and forward a written
report to the Criminal Investigation Section Commander.
7.
Serve as the point of contact with the Hamilton County Prosecutor’s
Office.
Rev. 08/23/05, Replaces 08/02/05
6
12.350
12.350 AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM (AFIS)
Reference:
Standards Manual - 42.2.1
Definitions:
Value Quality - Latent fingerprints containing ridge characteristics that may be
identifiable for developed suspect(s). "Value Quality" latent fingerprints are not
suitable for an AFIS search. Examples of "Value Quality" latent fingerprints
would include palms, tips, or where determination of core/axis is not possible.
AFIS Quality - Latent fingerprints that contain suitable ridge quality, ridge count,
number of minutiae [points], and where determination of core/axis placement is
probable.
No Value - Latent fingerprints lacking ridge characteristics necessary to form an
identification.
Registered - Entered and retained latent fingerprints in AFIS.
Elimination Fingerprints - Inked fingerprints belonging to persons other than
possible suspects.
Procedure:
A.
AFIS Submission Requirements:
1.
2.
Officers developing and lifting latent fingerprints must provide the
following information on the rear of the latent lift card:
a.
Date fingerprint lift was done
b.
Type of offense
c.
Complainant/victim's name
d.
Location of offense
e.
Article and location of lift
f.
Officer's last name and badge number
Criminalistics Unit will not accept latent lift cards without the required
information.
a.
8/92
Criminalistics Unit personnel will attach a note indicating what
information is incomplete or omitted. The requesting officer will
pick up the latent lift card for correction.
1
12.350
3.
Attach an Evidence Examination Worksheet (Form 457) to all latent
fingerprint lifts. The submitting officer portion of the form must be
complete and either printed or typed.
4.
Criminalistics Unit personnel may also process articles submitted for
investigation.
5.
B.
a.
Attach a Form 457 to all articles.
b.
Attach a Property Receipt (Form 330) to all articles.
c.
The Criminalistics Unit latent examiner is responsible for
marking the pertinent information on lift cards or photographs
when latents of "Value Quality" or "AFIS Quality" are developed
from submitted evidence.
Submit latent lift cards or articles to the Criminalistics Unit between
0800-1600 hours, seven days a week.
Dispositions of Latent Lift Cards/Evidence:
1.
"No Value" or undeveloped print submissions.
a.
2.
"Value Quality" fingerprints.
a.
b.
8/92
Criminalistics Unit will forward the white copy of Form 457 to the
submitting officer. The district/section/unit will pick up the latent
lift/evidence when notified. The district/section/unit is
responsible for determining the final disposition of the latent
lift/evidence.
If the investigation is a Homicide, Rape, Felonious Assault,
Kidnapping, Abduction, Aggravated Robbery, Aggravated
Burglary, or Auto Theft:
1)
Criminalistics Unit will compare the fingerprints to
elimination prints.
2)
If there is no match with elimination fingerprints,
Criminalistics Unit personnel will return the white copy of
Form 457 to the submitting officer's district/ section/unit.
Criminalistics Unit will advise if the print is of "Value
Quality." The investigator will respond to the Criminalistics
Unit to pick up the latent lift card.
3)
Criminalistics Unit will send submitted articles, from which
they have obtained latent fingerprints, to the Court Property
Unit.
Officers will contact Criminalistics Unit for instructions when
latent fingerprint processing is needed in cases other than those
listed in Section B.2.a.
2
12.350
3.
"AFIS Quality" fingerprints.
a.
If the investigation is a Homicide, Rape, Felonious Assault,
Kidnapping, Abduction, Aggravated Robbery, Aggravated
Burglary, or Auto Theft:
1)
Criminalistics Unit will search AFIS for latent fingerprints
remaining after comparison with elimination prints.
a)
If elimination prints are not submitted, they may be
required by the Criminalistics Unit supervisor. This
will cause the latent examiner to send a request
(along with the findings) to the supervisor in charge of
the investigation. This request will go to the bureau
commander on a Request for Elimination Prints, Form
190.
1]
2)
After verification of any AFIS hit from a search, the latent
fingerprint examiner will send a copy of the Form 457 to the
submitting officer indicating the results.
3)
The latent examiner will also send a copy of the Form 457
to the supervisor of the investigating district/section/unit.
4)
The investigative district/section/ unit supervisor will ensure
the return of a completed Supplementary Offense Report
(Form 311) to the latent fingerprint examiner within 14 days
of notification. It will include the following information:
5)
8/92
Criminalistics Unit must receive a response
within 14 days. If there is no response within
this period, the investigating unit's supervisor will
send a Form 17 to the Criminalistics Unit
Commander explaining the reason for the delay.
It will also give the time needed to comply with
the request.
a)
Identified subject charged in offense/criminal case
number
b)
No prosecution, as in otherwise case closure
c)
Case pending further investigation
d)
Identification alone will not support
warrant/prosecution in this case
"AFIS Quality" fingerprints that result in no hit may become
registered in the Unsolved Latent File (USLF). The
"Results" section of the Form 457 will include this
information. Latent fingerprint examiners will notify the
submitting officer when a search resulted in no hit.
3
12.350
6)
b.
C.
8/92
All USLF registered latent prints will be filed at the
Criminalistics Unit.
Officers will contact Criminalistics Unit for instructions when
latent fingerprint processing is needed in cases other than those
listed in Section B.3.a.
Cases Involving Known Suspect(s)/Arrest(s):
1.
The Criminalistics Unit latent fingerprint examiner will obtain a hard
copy of the 10-print record from the Hamilton County Sheriff's Office
Central Identification Division (CID). The examiner will make
comparisons to the latent lifts.
2.
The latent examiner will contact the submitting officer if an
identification is not made. The examiner will obtain elimination prints,
if possible, for further comparison, using the procedure outlined in
Section B.3.a.1).
3.
The submitting officer will determine if it is feasible to conduct a
search of the latent fingerprint in AFIS based on the following criteria:
a.
Would identification aid in prosecution of the case?
b.
Would identification result in closure of the case?
c.
Has the offense been closed by arrest?
4
12.370
12.370 PROBLEM SOLVING AND THE NEIGHBORHOOD
LIAISON PROCESS
Reference: Problem Solving Guide
Critical Elements for Problem Solving
Problem Solving Tracking System (PSTS) Database Users Guide
Definitions:
Problem Oriented Policing (POP) – A crime reduction and safety approach that
involves examining repeat or recurring incidents for the conditions that permit
them to occur. It involves seeking out and implementing effective responses,
examining the impact these responses have on the problem and subsequently
reporting the results in ways that will benefit other police agencies.
Community Problem Oriented Policing (CPOP) – Facilitating the POP process
through the police, community, other City departments and Community Police
Partnering Center (CPPC) working together in a partnership.
Problem Solving – Identifying and analyzing recurring crime or safety problems,
developing and implementing tailored responses based on the analysis, and
evaluating the impact of the responses on the problem.
Problem – A recurring set of related harmful crime or safety incidents in a
community that members of the public expect the police to address.
Incident – A single service request, for an individual or community concern.
SARA – The acronym for the problem solving process.
Scanning – The first stage in the SARA process, involving problem
identification, verification, and classification.
Analysis – The second stage in the SARA process, involving systematic
examination of the problem to identify possible causes or conditions that might
be susceptible to alternative responses.
Response - The third stage in the SARA process, involving the development
and implementation of tailored interventions designed to reduce the problem.
Assessment – The fourth stage in the SARA process, involving evaluating the
effectiveness of the implemented responses.
Repeat Spreadsheet – A spreadsheet that tracks the repeat incidents involving
the three components of crime: repeat victims, repeat suspects, and repeat
locations. The repeat spreadsheet is located on the H: drive and updated
monthly by Information Technology Management Unit (ITMU).
Rev. 10/16/07, Replaces 10/03/06
1
12.370
Situational Crime Prevention – Techniques used with problem oriented policing
to reduce or block crime opportunities.
Neighborhood Liaison Sergeant – one sergeant in each district designated to
be the link between the Department and the Community. Reports directly to the
district commander and supervises the district’s neighborhood liaison officers.
Neighborhood Projects Unit (NPU) – the Police Relations Section comprised of
project coordination officers who help conduct research, collect data, assist in
developing Response plans and monitor problem-solving projects.
Purpose:
To define a Departmental process of identifying and addressing problems and
community service requests in an effort to improve the quality of life, safety and
security of citizens.
The measurable outcomes to the Department achieving the goals of problem
solving include:
1. Monthly reductions in repeat locations, offenders and victims as measured
by a weighted process.
2. Five new projects initiated per district, per month. Specialized units will
initiate at least two problem-solving projects per year. The Patrol Bureau
Commander will periodically review the volume of projects and make
necessary adjustments as needed to ensure the quality of projects and
service.
3. POP Guides and other resources are utilized.
4. Problems are favorably resolved with minimal displacement.
Policy:
The SARA problem solving methodology is the Department’s principal strategy
for addressing crime and disorder problems.
Information:
Inter-agency collaboration and stakeholder participation is extremely important to
effective problem solving. City employees will work with community members to
identify and resolve neighborhood problems. The Community Police Partnering
Center (CPPC) is also available as a resource for problems identified by a
district/section/unit commander as a possible POP initiative. The CPPC can
provide a link to community services and other resources. City and CPPC staff
work together to provide training and facilitate problem solving.
City staff, community members, and the CPPC will activate the problem solving
process when a pattern of incidents is identified. District/section/unit
commanders may refuse to accept a situation as a problem or incident.
Participation and success in problem-solving is a part of the Performance
Evaluation Process for every sworn employee in the Department.
Rev. 10/16/07, Replaces 10/03/06
2
12.370
Procedure:
A.
Problems Generated by Citizens
1.
Citizens identifying a problem may directly contact the police or go
through a variety of City and Police Department access points,
including the Internet (City’s web page and/or Police Department’s
web page).
a.
B.
Problems Generated by the Community Police Partnering Center (CPPC)
1.
C.
Police Department personnel will obtain the necessary
information to complete a Form 560, CPOP Project Submission
Request, and follow the process outlined in Section C.1. – C.4.
Police personnel who become aware of a problem generated by the
CPPC will complete a Form 560 describing the problem and forward
the report to the affected district/section/unit commander.
Problems Received and/or Generated by Police Personnel
1.
Police personnel will complete a Form 560 for recurring crime or
safety problems and submit the completed report to their supervisor.
2.
The supervisor will review the report for accuracy and completeness
and forward the report to the neighborhood liaison sergeant.
3.
The neighborhood liaison sergeant will review the Form 560 and route
the report to the district/section/unit commander with a
recommendation.
4.
The district/section/unit commander will review the Form 560 to
determine if it is a problem or an incident.
a.
If the district/section/unit commander determines the issue is a
“problem”, he will approve the Form 560 and forward it to the
neighborhood liaison sergeant, who will:
1)
Enter the problem into the PSTS database and
record the tracking number on the Form 560.
2)
Make a blotter entry indicating a problem-solving project
has been approved for the specific address.
3)
Forward a copy of the Form 560 to the appropriate
relief lieutenant and the Neighborhood Projects Unit.
a)
The relief lieutenant is responsible for ensuring the
coordination and completion of all neighborhood
projects assigned to their relief.
b)
The relief lieutenant will advise the project
coordination officer of the start date of the Response
phase of the project.
Rev. 10/16/07, Replaces 10/03/06
3
12.370
c)
b.
5.
D.
Relief lieutenants will meet with the district
commander as needed to report the progress and
status of their relief’s problem-solving projects.
If the district/section/unit commander determines the issue is an
“incident”, the neighborhood liaison sergeant will handle with the
appropriate action or referral to an outside resource.
District crime analysts will utilize the repeat spreadsheet to
recommend monthly projects to their district commander. Each
project will be documented on a Form 560.
a.
The district commander will present the project ideas to the
appropriate Community Council to ensure input from community
members.
b.
The projects will primarily be shift specific. Projects that span
more than one shift will be coordinated between the relief
lieutenants.
c.
When the district commander determines which projects will be
initiated, the process outlined in C.4.a will be followed.
Neighborhood Projects Unit
1.
The Neighborhood Projects Unit lieutenant will review the Form 560
and assign it to a project coordination officer , who will:
a.
Contact the relief lieutenant to obtain any additional information
or ideas related to the project.
b.
Conduct in-depth research of best practices as related to the
type of problem(s) to be addressed.
c.
Review situational crime prevention techniques to determine
approaches that may fit the problem.
d.
Identify and collect pertinent data from crime analysts and other
sources.
e.
Develop a minimum of two Response plans for recommendation
to the relief lieutenant.
2.
The Response plans will be reviewed by the Neighborhood Projects
Unit lieutenant and forwarded to the neighborhood liaison sergeant
and relief lieutenant. The relief lieutenant may use any of the
Response plans or develop a different strategy to use.
3.
The project coordination officer will monitor the problem-solving
project through all stages of the SARA process.
Rev. 10/16/07, Replaces 10/03/06
4
12.370
4.
F.
a.
Quality control reviews will be conducted by the project
coordination officer to ensure complete documentation and
timely updates.
b.
If data entry corrections are needed, the Neighborhood Project
Unit lieutenant will advise the relief lieutenant via email.
The Neighborhood Projects Unit will conduct a bi-monthly audit
of open CPOP projects and provide the information to the Patrol
Bureau Commander.
CPOP/SARA Problem Entry
1.
All approved projects will be initially entered into the PSTS database
by the neighborhood liaison sergeant.
a.
Projects that include the involvement of citizens, the CPPC or
other City departments will be designated as a “CPOP” project.
b.
Projects that involve police personnel only will be designated as
a “CPD” project.
c.
2.
Updates to projects will be entered into the PSTS database by
the Department employee(s) or CPPC member(s) who are
involved in the activity being reported.
The PSTS database will generate the SARA problem solving method
by utilizing the questions contained in the Critical Elements field to
identify resources and develop a plan to respond to the specific
problem.
a.
The PSTS database will automatically assign a unique number
to each case which will contain the district, year and next
sequential case number.
b.
The PSTS database contains dropdown menus and open fields
for inputting narratives.
c.
When adding actions to a case, each question in the “Critical
Elements” field must be answered with accurate, detailed
information.
1)
The repeat spreadsheet is accessible to all officers and
should be used to assist in determining the scope of a
problem.
2)
Crime analysts should be utilized to obtain pertinent data
related to the problem, especially during the Analysis and
Assessment phases.
Rev. 10/16/07, Replaces 10/03/06
5
12.370
3.
G.
H.
Specialized units such as Vice, Homicide, Personal Crimes, Financial
Crimes, Traffic, Youth Services, Park and Vortex will initiate at least
two problem-solving projects per year. They will also serve as a
resource for district projects.
Editing of a CPOP Problem
1.
Any member of the Department or the CPPC may input information to
existing cases and projects.
2.
Changes made to the dropdown menus or “Actions” boxes can only
be made by the individual who originally entered the information.
Closure of a CPOP Problem
1.
Following the Assessment phase, the relief lieutenant will confer with
the project coordination officer and the Department member(s)
involved with the project to determine if the goals of the problem
solving process were attained.
a.
If the assessment shows little or no effect on the project
objectives, a new Response plan will be discussed and
implemented to address the problem.
b.
If the assessment shows the problem-solving response was
effective, the project will be closed in the PSTS database with
the appropriate closure(s):
1)
2)
3)
4)
2.
I.
Closed – Harm Reduced
Closed – Incidents Reduced
Closed – Problem Eliminated
Closed – Problem Handling Improved
The closing officer will notify the complainant who initiated the Form
560 of the results of the problem solving process.
Neighborhood Liaison Process
1.
One sergeant in each district will be designated as the neighborhood
liaison sergeant. They should have a working knowledge of CPOP
and the SARA problem-solving process. Their responsibilities
include:
a.
Maintain an open line of communication between the
Department and community members.
b.
Facilitate Customer Service Requests (CSR) that meet the
definition of a “problem”.
c.
Coordinate information to be shared or dispensed at community
meetings.
d.
Attend CERT functions.
Rev. 10/16/07, Replaces 10/03/06
6
12.370
2.
J.
Conduct Safety Presentations (excluding schools).
f.
Coordinate police attendance at community functions.
g.
Attend district functions and meetings, as designated by the
district commander.
h.
Supervise the district neighborhood liaison officers.
The neighborhood liaison officers’ responsibilities include:
a.
Assist with district problem-solving projects when requested.
b.
Attend and assist in the coordination of community meetings, as
designated by the district commander.
c.
Assist the neighborhood liaison sergeant with duties as needed.
Community Meetings
1.
K.
e.
Each relief lieutenant will be assigned to specific neighborhoods (for
CPOP purposes only) and is responsible for ensuring attendance at
community meetings and coordinating problem-solving projects in
those neighborhoods.
a.
All officers attending community meetings will arrive prepared
and on time.
b.
Attendance at community meetings must be documented on a
Form 628, Public Appearance Report, and forwarded to the
Public Information Office (PIO).
2.
District commanders should prioritize the list of community meetings
that require police representation, based upon citizen attendance and
agendas.
3.
District commanders shall meet with their Citizens on Patrol
representatives one time per month. The time and place for this
meeting is at the discretion of the district commander.
Form 562, Community Problem Oriented Policing Resource Request
1.
Personnel in need of assistance from another district/section/unit will
forward a request on a Form 562, Community Problem Oriented
Policing Resource Request, through the chain of command.
2.
Personnel who have identified a need for additional funding to assist
in solving a CPOP problem will complete a Form 562 and forward it
through the chain of command.
Rev. 10/16/07, Replaces 10/03/06
7
12.372
12.372
CHRONIC NUISANCE PREMISES
References:
CMC Chapter 701-4, Dangerous dog to be properly confined or leashed
CMC Chapter 701-5, Vicious dog to be properly confined or leashed
CMC Chapter 701-6, Possession of a dangerous or vicious dog prohibited
CMC Chapter 701-7, Possession of a dangerous or vicious dog limited
CMC Chapter 701-27, Loud dog
CMC Chapter 708-27, Discharging firearms
CMC Chapter 761, Chronic nuisance premises
CMC Chapter 906-9, Public gaming
CMC Chapter 908-3, Menacing
CMC Chapter 908-7, Aggravated menacing
CMC Chapter 908-9, Menacing by stalking
CMC Chapter 910-1, Attendance at school
CMC Chapter 910-7, Loud noises
CMC Chapter 910-21, Loitering with the intention of committing unlawful drug
transaction
CMC Chapter 910-23, Possession of marijuana
CMC Chapter 911-27, Curfew for minors
CMC Chapter 1213-7, Unauthorized possession, sale or discharge of fireworks
CMC Title XVI, Neighborhood Quality of Life Uniform Code
ORC 2903.11 – 13, Assault offenses
ORC 2903.21 – 22, Menacing offenses
ORC 2905.01, Kidnapping
ORC 2907.21 – 25, Prostitution and related offenses
ORC 2909.04 , Disrupting public services
ORC 2915.04, Public gaming
ORC 2917.11, Disorderly conduct
ORC 2917.32, Making false alarms
ORC Chapter 2925, Drug Offenses
ORC 3743.65, Unauthorized possession, sale or discharge of fireworks
ORC 5323.02, Property owner registration
Cincinnati Police Department Training Bulletin on Nuisance Premises
Purpose:
To assist victims of crime and penalize those who commit crimes or those who
permit conditions to exist that give rise to crime or excessive calls for service to
police. To establish rules, procedures and penalties to address the owners of
multi-family premises that have chronic nuisance issues and fail to take
corrective measures. These nuisances include activities related to drugs,
disorder, and violence.
Rev. 04/28/09, Replaces 12/05/06
1
12.372
Policy:
To work in partnership with the owners and operators of multi-family premises to
address the negative impact caused by chronic nuisance activities. To improve
the vitality of neighborhoods by addressing excessive calls for service to the
police.
For the purpose of this procedure, calls for service made by the owners or
operators of multi-family premises demonstrate their commitment to abate
nuisance activities on their premises and will not be included as nuisance activity
runs. In addition, domestic violence calls for service are not considered
nuisance activities.
If a multi-family premises is deemed to be a chronic nuisance under Cincinnati
Municipal Code (CMC) Chapter 761, the premises owner may be billed for the
cost of enforcement services and cited civilly or criminally.
Definitions:
Multi-family premises - Any property capable of housing more than a single
family by design or as classified by the Hamilton County Auditor.
Chronic nuisance - a premises or property that is in violation of Cincinnati
Municipal Code (CMC) 761-5.
Nuisance or nuisance activity - any of the following activities, conduct, or
behavior whenever engaged in by premises owners, operators, occupants, or
persons associated with a premises:
•
Assault, aggravated assault, or felonious assault as defined in CMC
908-5 or as defined in Ohio Revised Code Sections 2903.11, 2903.12,
or 2903.13;
•
Menacing, aggravated menacing, or menacing by stalking as defined
in CMC 908-3, 908-7, or 908-9 or as defined in Ohio Revised Code
Sections 2903.21, 2903.22, or 2903.211;
•
Inducing panic, making a false alarm, or perpetrating a hoax weapon of
mass destruction as defined in Ohio Revised Code Sections 2917.31,
2917.32, and 2917.33;
•
Disrupting public services as defined in Ohio Revised Code Section
2909.04;
•
Curfew violation as defined in CMC 911-27;
Rev. 04/28/09, Replaces 12/05/06
2
12.372
•
Attendance at school violation as defined in CMC 910-1;
•
Disorderly conduct as defined in Ohio Revised Code Section 2917.11;
•
Discharging firearms in violation of CMC 708-27;
•
Drug sale or use as defined in CMC 910-21 and 910-23 and Ohio
Revised Code Chapter 2925;
•
Compelling or promoting prostitution, procuring, soliciting, or loitering
to engage in solicitation, or prostitution as defined Ohio Revised Code
Sections 2907.21 through 2907.25, inclusive;
•
Public gaming as defined in CMC 906-9 or in Ohio Revised Code
Section 2915.04;
•
Unauthorized possession, sale, or discharge of fireworks as defined in
CMC 1213-7 or in Ohio Revised Code Section 3743.65;
•
Loud noises as defined in CMC 910-7;
•
Loud, dangerous, or vicious dog as defined in CMC 701-4, 701-5, 7016, 701-7, or 701-27;
•
Kidnapping as defined in Ohio Revised Code Section 2905.01.
Occupant - the person residing in or having use of a premises. The same
person or persons can be owner and occupant.
Operator - any person, firm, company, corporation or association, including their
employees, agents, or contractors, that controls, operates, or manages a
premises.
Owner - any person, partnership, firm, or corporation, who alone or jointly with
others, shall be in possession of or have control of any premises or is listed as
the owner of a premises on the records of the Hamilton County Auditor.
Person associated with - any person who, whenever engaged in a nuisance or
nuisance activity, enters, patronizes, visits; attempts to enter, patronize or visit; or
waits to enter, patronize, or visit, a premises or person present on a premises,
including any officer, director, customer, agent, employee, or independent
contractor of a premises owner.
Property or premises - a platted lot or part thereof, or unplatted lot or parcel of
land, or plot of land either occupied or unoccupied by any building or structure,
equipment, or property of any kind.
Rev. 04/28/09, Replaces 12/05/06
3
12.372
INFORMATION:
Calls for service (CFS) for drugs, disorder, and violence will be analyzed monthly
to determine if any multi-family residential premises are excessive users of police
services on a monthly or annual basis. Domestic violence offenses and CFS
made by an owner or operator are not included in this analysis.
Procedure:
A.
Information Technology Management Section (ITMS) will:
1.
Run an analysis by the tenth of each month of all CFS within the
selected categories (drugs, disorder, and violence) for premises
designated as multi-family premises. Multi-family premises
designations are established by the Hamilton County Auditor.
a.
Premises will appear on the monthly report when three or more
nuisance activities have occurred at the premises on separate
dates during a 30-day period.
b.
Premises will appear on the annual report when, within a oneyear period, the following number of nuisance activities has
occurred at the premises:
c.
1)
Premises with 2 or 3 residential units: 6 nuisance activities;
2)
Premises with 4 to 19 residential units: 14 nuisance
activities;
3)
Premises with 20 to 39 residential units: 18 nuisance
activities;
4)
Premises with 40 or more residential units: 11 nuisance
activities.
The annual average of CFS for each nuisance activity to multifamily premises will be determined through statistical analysis,
using one “standard deviation” and the “normal positive range” to
establish a threshold of CFS.
2.
Generate a “Chronic Nuisance Premises” report listing all multi-family
premises exceeding the monthly threshold of CFS.
3.
Generate a “Chronic Nuisance Premises” report listing all multi-family
premises exceeding the annual threshold of CFS.
Rev. 04/28/09, Replaces 12/05/06
4
12.372
4.
B.
Forward these reports to the districts for review and appropriate
action.
Upon receiving these reports, the investigating officer will:
1.
Review these reports. Conduct a thorough investigation of all
Computer Aided Dispatch (CAD) incident histories for all CFS listed on
these reports within the district boundaries.
a.
Determine if the owner or operator of the premises initiated the
call. Calls to the Police Department made by the owner or
operator do not count against the premises.
b.
The Department does not need to make an arrest, issue a
citation, or obtain a conviction for a CFS to be counted as a
nuisance activity.
c.
The Department only needs probable cause to believe that the
nuisance activity occurred at the premises.
d.
If a premises is listed by the Hamilton County Auditor as
Commercial – Office, Apartments Over; Commercial – Other
Commercial Housing; Commercial – Retail, Apartments Over; or
Publicly Owned - Metropolitan Housing Authority, the
investigating officer must determine the total number of
residential units within the premises. The threshold of CFS for
these premises will be based on the schedule established in
Section A.1.b. For example, if the premises being investigated
contains eight residential units above a grocery store, compare it
to the established threshold of CFS for all 4 - 19 unit dwellings in
the City.
e.
Ensure the CFS are related to the residential portion of the
premises.
2.
Determine if the remaining CFS exceeds the threshold for the
premises on either a monthly or annual basis.
3.
Recommend to the district commander that the premises be
designated a “potential chronic nuisance” if it exceeds the threshold of
CFS on either a monthly or annual basis.
4.
Enter the chronic nuisance premise information into the Chronic
Nuisance Database. Maintain a district file of all chronic nuisance
premises investigated and all related paperwork.
Rev. 04/28/09, Replaces 12/05/06
5
12.372
C.
The district commander will:
1.
Review the “Chronic Nuisance Premises” reports and the
recommendations of the investigating officer.
2.
Notify the premises owner in writing that the premises is in danger of
being declared a chronic nuisance.
a.
b.
The Initial Notice letter will contain:
1)
The street address or legal description sufficient for
identification of the premises;
2)
A description of the nuisance activities that have occurred
at the premises, including the dates of the nuisance
activities;
3)
A statement that the premises owner must respond to the
Police Chief or his designee within 10 days of the owner’s
receipt of the notice with a written plan to abate the
nuisance activities that is acceptable to the Police Chief or
his designee;
4)
A statement that the cost of future enforcement at the
premises as a result of nuisance activities may be billed to
the premises owner and could become a lien against the
premises if not paid.
The Initial Notice letter will be deemed properly delivered if sent
by first class mail to the address of the owner listed on the
records of the Hamilton County Auditor.
1)
3.
If the Initial Notice letter is returned as undeliverable,
forward the returned letter to the district of origin. This
notice will be deemed properly delivered if it is either
posted on the front door of the premises that is the subject
of the notice or if it is delivered in person to the owner.
Schedule a meeting with the premises owner or operator to discuss
the written plan to abate the chronic nuisance.
a.
If the premises owner or operator presents an acceptable plan
and initiates action to abate nuisance activities occurring on the
premises, the Department will delay further enforcement of the
Chronic Nuisance Premises ordinance at that address.
Rev. 04/28/09, Replaces 12/05/06
6
12.372
1)
If the premises owner ceases to cooperate with the efforts
to abate the nuisance activities, the Department will
reinstitute enforcement of the Chronic Nuisance Premises
ordinance.
a)
b.
The premises owner will be sent a Change in Status
letter. This letter will document the Department’s
efforts to contact and/or obtain the cooperation of the
owner.
If the premises owner or operator presents a plan that is deemed
unacceptable by the district commander or his designee, the
district commander will send the premises owner a Revised Plan
letter within 3 days of the determination that the plan is
unacceptable.
1)
If the premises owner or operator meets with the district
commander or his designee and presents an acceptable
revised plan and initiates action to abate the nuisance
activities occurring on the premises, the Department will
delay further enforcement of the Chronic Nuisance
Premises ordinance.
a)
If the premises owner ceases to cooperate with the
efforts to abate the nuisance activities, the
Department will reinstitute enforcement of the Chronic
Nuisance Premises ordinance.
1]
The premises owner will be sent a Change in
Status letter. This letter will document the
Department’s efforts to contact and/or obtain the
cooperation of the owner.
4.
If the premises owner does not respond to the Initial Notice letter, and
an additional nuisance activity has occurred at the premises for which
an Initial Notice letter has been issued, and this nuisance activity
occurred more than 13 days after the notice has been issued, the
district commander may determine that the premises is a chronic
nuisance and order that the owner abate the nuisance within 30 days
of the owner’s receipt of the Billing Notice letter.
5.
The cost of enforcement for this and any subsequent nuisance
activities will be calculated and the owner will be notified that he is
being billed for the cost of enforcement services for the nuisance
activity.
Rev. 04/28/09, Replaces 12/05/06
7
12.372
a.
b.
The Billing Notice letter will contain:
1)
The street address or legal description sufficient for
identification of the premises;
2)
A description of the nuisance activity or activities for which
the premises owner is being billed, including the dates of
the nuisance activity or activities;
3)
An order that the nuisance activity be abated; and
4)
A statement that the premises owner may appeal the
amount of the bill or the determination that the owner’s
premises is a chronic nuisance.
The Billing Notice letter will be deemed properly delivered if sent
by first class mail to the address of the owner listed on the
records of the Hamilton County Auditor.
1)
c.
If the Billing Notice letter is returned as undeliverable,
Finance Management Section (FMS) will forward the
returned letter to the district of origin. This notice will be
deemed properly delivered if it is either posted on the front
door of the premises that is the subject of the notice or if it
is delivered in person to the owner.
If after the receipt of the Billing Notice letter(s), the premises
owner develops an acceptable plan and initiates action to abate
nuisance activities occurring on the premises, the Department
will delay further enforcement of the Chronic Nuisance Premises
ordinance.
1)
The premises owner is still responsible for any enforcement
costs incurred prior to the owner’s submitting an abatement
plan and must either pay or appeal the bill(s).
2)
If the premises owner ceases to cooperate with the efforts
to abate the nuisance activities, the Department will
reinstitute enforcement of the Chronic Nuisance Premises
ordinance.
a)
The premises owner will be sent a Change in Status
letter. This letter will document the Department’s
efforts to contact and/or obtain the cooperation of the
owner.
Rev. 04/28/09, Replaces 12/05/06
8
12.372
D.
When requesting the billing of a premises owner for nuisance activities, the
investigating officer will forward to Finance Management Section:
1.
A copy of the Initial Notice letter.
2.
The original Billing Notice letter signed by the district commander.
Do not date this letter.
a.
E.
Include copies of all previous Billing Notice letters.
3.
CAD printouts for all incidents for which the premises owner will be
billed.
4.
When issuing a civil citation to a premises owner, include the
Respondent copy of the Notice of Civil Offense citation.
Upon receipt of the Billing Notice letter, Finance Management Section will:
1.
Calculate the cost for enforcement services.
a.
The invoice for enforcement services is entered into the
Cincinnati Financial System for tracking and collection purposes.
1)
2.
Mail the original Billing Notice letter, a copy of the Initial Notice letter,
copies of any previous Billing Notice letters, and the invoice for
enforcement services to the address of the premises owner listed on
the records of the Hamilton County Auditor.
a.
F.
Bills for the cost of enforcement services and civil citations
that are not paid will become liens on the premises to the
extent permitted under applicable law.
If a civil citation is issued, include the Respondent copy of the
Notice of Civil Offense citation with the letter(s) sent to the
premises owner.
3.
Send a copy of the invoice for enforcement services to the district of
origin for their records.
4.
Maintain a database of premises owners billed for enforcement
services.
Civil and Criminal Citations
1.
As an alternative to criminal prosecution, an officer may cite civilly a
person who violates any provision of CMC Chapter 761 or fails to
obey any order to abate a chronic nuisance.
Rev. 04/28/09, Replaces 12/05/06
9
12.372
2.
a.
Citations for nuisance activities will be imposed based on the
number of bills for enforcement sent to a premises owner for a
specific premises within a two-year period. This period will begin
with the date of the nuisance activity that is the subject of the first
bill for enforcement.
b.
After a premises owner has been billed on three or more
separate dates within a two-year period for a specific premises,
an officer will issue a civil citation to the premises owner as
follows:
1)
For the fourth bill within a two-year period, a civil citation of
$250 shall be imposed;
2)
For the fifth bill within a two-year period, a civil citation
of $500 shall be imposed;
3)
For the sixth bill within a two-year period, a civil citation
of $750 shall be imposed;
4)
For each bill after the sixth bill within a two-year period,
a civil citation of $1000 shall be imposed.
Premises owners who are cited civilly for violations of CMC
Chapter 761 must be given a written “Notice of Civil Offense”.
a.
The Respondent copy will be deemed properly delivered if sent
by first class mail to the address of the owner listed on the
records of the Hamilton County Auditor.
1)
3.
If the Notice of Civil Offense is returned as undeliverable,
FMS will forward the returned civil citation to the district of
origin. This Notice of Civil Offense will be deemed properly
delivered if it is either posted on the front door of the
premises that is the subject of the notice or if it is delivered
in person to the owner.
b.
The pink copy goes to the Office of Administrative Hearings
(OAH), via interdepartmental mail.
c.
The yellow copy goes to the Treasurer’s Office at City Hall, via
interdepartmental mail.
d.
The remaining white copy (Mail copy) will be placed in the district
file.
Prior to charging a premises owner criminally, contact the
Prosecutor’s Office for review.
Rev. 04/28/09, Replaces 12/05/06
10
12.372
a.
G.
Criminal charges will only be filed after review and approval by
the Prosecutor’s Office.
Appeal Process
1.
A premises owner may appeal to the Patrol Bureau Commander the
determination that a premises is a chronic nuisance or the amount of
the bill for enforcement related to nuisance activities at the premises.
2.
The appeal must be made in writing within 30 days of the date of the
notification that the premises is a chronic nuisance or within 30 days
from the date the bill is issued.
3.
The Patrol Bureau Commander must respond in writing to the
appellant within 30 days of receipt of the appeal.
a.
No change in the chronic nuisance status of the premises may
be made without going through the written appeal process.
b.
A premises owner may appeal the Patrol Bureau Commander’s
determination that the premises is a chronic nuisance or the
determination regarding the amount of the bill for enforcement.
The appeal must be made in writing within 30 days from the date
of the Patrol Bureau Commander’s decision by requesting an
administrative hearing be conducted by a Hearing Examiner with
the Office of Administrative Hearings (OAH).
1)
c.
The Hearing Examiner will issue a written response to any
appeal that is presented in a timely manner.
A premises owner may appeal the issuance of a civil citation
within 30 days from the date the citation is issued by requesting
an administrative hearing be conducted by a Hearing Examiner
with the OAH. The OAH Hearing Examiner will issue a written
determination on any appeal.
1)
The Hearing Examiner will issue a written response to any
appeal that is presented in a timely manner.
Rev. 04/28/09, Replaces 12/05/06
11
12.400
12.400 INCIDENT REPORTING, MISCELLANEOUS
REPORTING
References:
Procedure 12.115 - Handling Wild/Exotic Animals, Pit Bulls, Dangerous/Vicious
Dogs, and Animal Reports
Procedure 12.135 - Reporting False Alarms on a Form 315
Procedure 12.230 - Fatal Crash Investigation and Placement of Related Charges
Procedure 12.315 - Investigation of Rape and Other Sexual Assault Offenses
Procedure 12.403 - Crime Victim/Witness Notification and Assistance
Procedure 12.405 - Closure of Offense Reports
Procedure 12.412 - Domestic Violence
Procedure 12.415 - Reporting and Classifying Assault Offenses
Procedure 12.420 - Reporting Vehicle Thefts and Related Offenses
Procedure 12.425 - Reporting and Classifying Breaking and Entering Offenses
Procedure 12.430 - Endangering Children Offenses
Procedure 12.615 - Deceased Persons/Prisoners
Procedure 12.910 - Missing Persons
Ohio Revised Code - 2901.01 Definitions
Ohio Revised Code - 5126.058 Memorandum of Understanding
Ohio Uniform Incident Report Training Manual
State Ex Rel Beacon Journal Publishing Company v Maurer, Sheriff, 91 OHIO
ST.3rd 54 (2001 Ohio)
Definitions:
High Profile Criminal Investigations:
•
•
•
•
•
Critical firearm discharges by police officer(s).
A police officer uses force against a person who is admitted to a hospital.
A person fires a shot at a police officer.
A police officer is killed or seriously injured.
Any other investigation as identified by the Police Chief.
Incident Reports - Form 301, Incident Report; Form 301VVS, Victim/Vehicle
Supplement; Form 301PS, Property Supplement; Form 301AS, Arrest
Supplement; Form 303, Motor Vehicle Incident Report; and Form 304, Missing
Report.
Confidential Investigative Notes - Form 311G, Confidential Investigative Notes
– General; Form 311S, Confidential Investigative Notes – Suspects; Form 311N,
Confidential Investigative Notes – Narrative; and Form 311DV, Confidential
Investigative Notes – Domestic Violence.
Mentally Retarded Person – A person having significantly subaverage general
intellectual function; existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
Rev. 12/09/08, Replaces 09/02/08
1
12.400
Developmental Disability - A severe and chronic disability characterized by all
of the following:
1.
It is attributable to a mental or physical impairment or a combination
of mental and physical impairments, other than a mental or physical
impairment solely caused by mental illness as defined in division (A)
of section 5122.01 of the Ohio Revised Code (ORC).
2.
It is manifested before age twenty-two.
3.
It is likely to continue indefinitely.
4.
It results in one of the following:
5.
a.
In the case of a person under three years of age, at least one
developmental delay or established risk;
b.
In the case of a person at least three years of age but under six
years of age, at least two developmental delays or an
established risk;
c.
In the case of a person six years of age or older, a substantial
functional limitation in at least three of the following areas of
major life activity, as appropriate for the person’s age: self-care,
receptive and expressive language, learning, mobility, selfdirection, capacity for independent living, and, if the person is at
least sixteen years of age, capacity for economic self-sufficiency.
It causes the person to need a combination and sequence of special,
interdisciplinary, or other type of care, treatment, or provision of
services for an extended period of time that is individually planned
and coordinated for the person.
Purpose:
Establish Department guidelines governing the collection and preservation of
facts and actions taken in the investigation of crimes and incidents.
Promote uniformity and standardization in reporting.
Policy:
Officers will conduct a preliminary investigation when called to the scene of an
offense. They will fairly and impartially record all facts and actions. They will
provide the required police service and complete an accurate and thorough
report, submitting reports for serious offenses immediately. All other offense
reports will be submitted before the completion of the reporting officer’s shift.
Rev. 12/09/08, Replaces 09/02/08
2
12.400
Supervisors will respond on felony offenses of violence, as defined in section
2901.01 of the ORC, and all sexual assault offenses to ensure a proper
preliminary investigation is conducted.
Criminal Investigation Section (CIS) will respond and maintain authority over all
High Profile Criminal Investigations. CIS also has authority over any other
investigation as directed by the Police Chief. Upon identification of a High Profile
Criminal Investigation, a supervisor will contact the CIS desk to initiate their High
Profile Criminal Investigation Standard Operating Procedure (SOP). This policy
does not preclude the use of other investigative unit personnel.
Officers assigned to investigate cases where the victim is mentally retarded or
developmentally disabled must notify the Hamilton County Board of Mental
Retardation and Developmental Disabilities (MR/DD) Investigations Unit prior to
beginning their investigation. Initial responding officers conducting the
preliminary investigation of a criminal offense involving a mentally retarded or
developmentally disabled victim must notify the MR/DD Investigations Unit if they
are able to make an immediate arrest and successfully close the case, negating
the need for it to be assigned to an investigator.
If it is not originally known that a victim is mentally retarded or developmentally
disabled and an investigation has already begun, the investigating officer must
make the appropriate notification after it is established that the victim suffers
from mental retardation or developmental disability. Officers will contact the
MR/DD Investigations Unit at (513) 794-3308, 24 hours a day.
Information:
The Police Department is required to conduct joint and cooperative
investigations with the Hamilton County Board of MR/DD when the victim of a
crime is either mentally retarded or developmentally disabled. The Police
Department and the Hamilton County Board of MR/DD are required to share and
disclose information during these investigations. The Cincinnati Police
Department will assume the lead investigative responsibilities for all such
investigations.
Procedure:
A.
Reporting Incidents (Completion of Reports)
1.
Print all information contained in the report with a blue or black ink,
ballpoint pen. Make sure all three copies are legible.
a.
Spell all names in full: last, first, and middle.
b.
Business names consist of two names, e.g., Kroger Company.
c.
Record sex as: M-Male, F-Female, or U-Unknown.
d.
Race descriptions must be consistent with the following federal
requirements and used on all Police Department reports:
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12.400
2.
1)
W – White.
2)
B – Black.
3)
I - American Indian or Alaskan Native.
4)
A – Asian.
5)
U - Unknown, not described above.
Place of occurrence and/or street address must consist of the
following:
a.
Street number - if intersection, use number closest to corner,
e.g., Vine St. at Third, N.E. corner, use 300 Vine St.
b.
Street prefix, when applicable: North - N, South - S, East - E,
and West – W.
c.
Street name - printed in full and correctly spelled.
d.
Street suffix - will consist of one of the following:
STREET DESIGNATOR CODE LIST
DESIGNATOR CODE
Alley
AL
Highway HW
Avenue
AV
Lane
LN
Boulevard
BV
Park
PK
Bridge
BR
Parkway PY
Circle
CR
Pike
PI
Court
CT
Place
PL
Drive
DR
Road
RD
Expressway EX
Square
SQ
Street
ST
Viaduct
VI
Terrace
TE
View
VW
Trail
TL
Way
WY
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12.400
3.
e.
City
f.
State
g.
Zip Code
Reporting Area
a.
4.
Do not enter a Reporting Area on any Police Department report.
The Reporting Area is assigned when the location of the offense
or incident is entered into the computer.
Ohio Revised Code (ORC) Section Number
a.
Unless designated otherwise, all Department offense reports will
reflect the appropriate ORC section number following the type of
offense. These section numbers serve as codes to separate
ORC statistics.
b.
The following offenses are exceptions that require further
coding. For reporting purposes only, use the additional indicated
letters as a suffix to the ORC section number.
1)
Patient Abuse - 2903.34PA
2)
Gross Patient Neglect - 2903.34GPN
3)
Patient Neglect - 2903.34PN
4)
Grand Theft - 2913.02G
5)
Petty Theft - 2913.02P
6)
License Plate Theft - 2913.02L
7)
Recovered Stolen License Plate(s) - 2913.02LR
8)
Vehicle Theft - 2913.02V
9)
Recovered Stolen Vehicle - 2913.02VR
10) Unauthorized Use of a Vehicle - 2913.03V
11) Unauthorized Use of a Vehicle Recovery - 2913.03VR
12) Vehicle Defrauding a Livery or Hostelry - 2913.41V
13) Vehicle Defrauding a Livery or Hostelry Recovery 2913.41VR
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12.400
5.
Distribution of Crime Victims Pamphlet
a.
When an offense report is made, Department personnel will
provide the victim, his family, or dependents one copy of the
"Information for Crime Victims" pamphlet and other information
as described in ORC Chapter 2930.
1)
6.
7.
Confidential Investigative Notes
a.
Complete a Form 311G for every offense, except station reports
and arrests. Record witnesses’ names, addresses, and
telephone numbers on the form. Also complete Forms 311S,
311N, and 311DV when appropriate.
b.
On offenses involving an individual and/or business requesting
the dollar amount taken not be publicized, include the amount on
the Form 311G instead of on the Form 301. Use this option
sparingly in unusual cases where the complainant is reluctant to
reveal the amount taken.
c.
Enter "undetermined amount of US currency" on the Form
301PS, Property Supplement, in the "Property" section.
Incomplete reports
a.
B.
Refer to Procedure 12.403, Crime Victim/Witness
Notification and Assistance, for crime victim notification.
Mark reports taken in the field that require information not
available at the time of the report "incomplete". The assigned
investigator is responsible for completing the original report and
executing any additional reports.
General Rules for Offense Reporting
1.
Number of offense reports
a.
Make a report for each incident.
1)
An incident is one or more offenses committed by the
same offender, or group of offenders acting in concert, at
the same time and place, against one or more victims.
The concept of acting in concert provides that the
offenders actually commit or assist in the commission of
the crime(s). The offenders must be aware of, and consent
to, the commission of the crime(s); or even if nonconsenting, their actions assist in the commission of the
offense(s).
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12.400
The concept of same time and place provides that if more
than one offense was committed by the same person or
group of persons and the time and place intervals
surrounding them were insignificant, all of the crimes
comprise a single incident.
a)
b.
2.
Example: Five persons are robbed at gunpoint. One
of the five is fatally shot.
1]
Prepare a Form 301 with 5 victims.
2]
In the “Offense” section, list all offenses
committed.
3]
Link the offense with victim in “Victim/Offense”
link box.
4]
Explain in the “Narrative” section the facts of
each offense and how it relates to each victim.
If a vehicle is stolen during a robbery, burglary, or breaking and
entering, refer to Procedure 12.420, Reporting Vehicle Thefts
and Related Offenses. This report gets an offense number.
1)
Prepare a Form 303.
2)
List all offenses.
3)
Explain in “Narrative” section.
c.
When burglary or breaking and entering offenses occur involving
multiple units carrying the same address and at the same time,
prepare one Form 301 with the appropriate number of victims.
d.
Report a number of thefts from a single victim, committed at the
same place by the same person over an indefinite period, as
one offense. List the approximate dates of the first and last
known theft.
e.
Report multiple parking meters or newspaper racks broken into
in the same vicinity, same street, and about the same time on
one offense report, provided the owner and district are all the
same. The collator will issue one offense number for each
incident.
Reporting responsibility
a.
The district of occurrence is responsible for the report. However,
if the complainant responds to another district, section, or unit
that district, section, or unit will make the report.
EXCEPTION: Homicide supervisors will complete homicide and
high profile criminal offense reports.
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12.400
1)
Immediately forward all copies of the report to the district of
occurrence. Do not assign an offense number.
2)
Notify a supervisor for serious offenses requiring
immediate follow-up.
3)
b.
3.
Record the notification in the "Remarks" section of
the report.
Immediately notify the CIS desk to initiate the High Profile
Criminal Investigation SOP when necessary.
In single or multiple crime situations, the district in which
the most serious criminal offense occurs will complete and
carry the report.
The district of occurrence will prepare offense reports for
Cincinnati offenses, including details of crimes committed
in other jurisdictions.
When the district of occurrence is unknown, but is believed to be
within the Cincinnati city limits, use the address of the reporting
district and note in the "Remarks" section of the report the
location where the offense occurred is unknown.
1)
Carry the offense report in the resident district of the
complainant.
2)
If the complainant is not a Cincinnati resident, carry the
report in the district where the offense was reported.
Use of language on Department reports
a.
4.
b)
Criminal acts involving Cincinnati and other jurisdictions.
1)
d.
If the offense occurred in another district, a supervisor
from the district where the offense was reported will
notify a supervisor from the district of occurrence for
immediate follow-up.
Two or more districts involved in a crime or series of crimes.
1)
c.
a)
Whenever profanity or obscene remarks are used in the
commission of an offense, record the actual language on the
report.
Offenses involving City property
a.
List the complainant as the City department assigned the
property.
b.
If the property belongs to another City entity, such as the Board
of Education, list the name of the school as the “Complainant”.
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12.400
5.
6.
Firearms
a.
Report Lost or stolen firearms on a Form 301, Incident Report.
b.
Recovered Firearms reported lost or stolen from outside the City
of Cincinnati must be confirmed through the originating agency
by contacting CIN1. Officers will not contact the originating
agency for confirmation.
b.
All Lost, stolen, or recovered firearms must be reported to
Teletype and receive a teletype number.
c.
Identifiable firearms with serial numbers or owner applied
numbers will be entered as confirmed stolen or lost. Firearms
with no owner applied number or with the serial number
unknown, will be reported as unconfirmed.
c.
When reporting lost or stolen firearms, or recovering lost or
stolen firearms, fax a copy of the Form 301, Incident Report or
Form 313, Firearm Report to Teletype. Reporting officers must
call to confirm receipt of the fax and record the teletype number
on the Form 301 or Form 313.
Teletype phone number 263-8124
2)
CIN1 phone number 263-8121
3)
CIN1 / Teletype fax number 263-8120
Lost property
a.
7.
1)
If the property can be readily identified by a serial number,
complete a Form 301.
1)
The use of serial numbers for reporting lost and/or stolen
property includes the owner's social security number. The
social security number is entered in the computer as an
Owner Applied Number (OAN).
2)
If not identifiable, complete a Form 317, General
Conditions Report.
b.
If the value of lost property exceeds $500.00, complete a Form
301.
c.
Refer to Procedure 12.420 to determine what articles are
reported on a Form 301.
Found property
a.
If the property can be readily identified by official, serial, or
owner applied number, i.e., driver’s licenses, credit cards, cell
phones, etc., complete a Form 301.
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12.400
1)
b.
8.
8.
Query found property through RCIC to determine if it was
previously reported lost or stolen.
If not identifiable, complete a Form 317.
Property values
a.
A monetary value is not necessary for blank checks, blank
driver’s licenses, blank auto titles, etc. These are automatically
grand thefts.
b.
Shoplifted items - list the value given by the complainant.
c.
Use the fair market value of articles, subject to depreciation.
d.
Use the victim's evaluation of items such as jewelry, watches,
and other articles which decrease slightly in value or not at all.
e.
Use the replacement or actual cost to the victim for new or
almost new items, e.g., money orders with cash value but no
name, etc.
f.
List the replacement value given by the complainant of
heirlooms, collector's items, antiques, museum pieces, etc.
g.
The investigating officer will use good judgment and discuss with
the complainant any values that appear to be inflated.
Unusual occurrences and attempt
a.
Incident reports
1)
Prepare a Form 301 to record unusual occurrences, which
in the judgment of a supervisor, have no applicable ORC
statute. Follow-up investigation may be appropriate.
a)
b.
9.
In the “Administrative” section of the report, check the
“Incident” (non-criminal) block.
Attempt: 2923.02
1)
Prepare a Form 301 to report attempts to commit a
violation of any ORC statute listed in this procedure. In the
“Offense” section, place an “A” (attempt) in the A/C block.
2)
For reporting purposes, the ORC section number will be for
the offense that was attempted. Do not list the attempt
section (2923.02) on any offense report.
Robbery/burglary of controlled substance from registrant
a.
The Controlled Substance Registrant Protection Act of 1984
amends Title 18 of the U.S. Code by creating Section 2118:
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12.400
1)
2)
10.
A federal felony has been committed if a pharmacist,
physician, drug wholesaler, researcher, or manufacturer is
the victim of a robbery or burglary and any of the following
elements are present:
a)
The value of the drugs exceeds $500.00.
b)
The crime involves interstate activity.
c)
A person is killed or seriously injured as a result of the
crime.
Section 2118 requires local law enforcement to conduct the
preliminary investigation and notify the Federal Bureau of
Investigation (FBI) if there is a violation of this section.
a)
The collator of the reporting district will ensure the FBI
is notified in these instances.
b)
In cases of dual federal and state jurisdiction, the FBI
will investigate or otherwise assist local law
enforcement agencies in the investigation.
Reports requiring further investigation by Criminal Investigation
Section (CIS)
a.
All district supervisors will notify CIS as soon as possible
regarding offense reports requiring further investigation by CIS.
b.
Mark in the appropriate block who was notified.
EXCEPTION: If the offense is reported outside the working
hours of Personal Crimes Unit (PCU) personnel,
the district making the report will notify PCU
after 0800 hours the next day. If the shift
supervisor determines PCU should immediately
respond to the scene, request recall through
CIS.
11.
Completing Forms 316 and 317
a.
The first officer on the scene will complete a Form 316, Minor
Accident/Aided Case/Mental Health Response Report, Form
316A, Deceased Person Report, or Form 317, General
Conditions Report, when necessary.
1)
C.
Immediately notify the Homicide Unit if the deceased is
either a:
a)
Suicide or suspected suicide victim.
b)
Child seven years of age or under.
Submission of Completed Reports
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12.400
1.
D.
E.
Do not attach the Form 311, Confidential Investigative Notes, to
incident reports. They are to be submitted independently.
Supervisor’s Responsibility
1.
Check each offense report for correctness, legibility, and
completeness of information.
2.
Sign the report indicating approval.
a.
The supervisor will forward the report to the district collator for
assignment of an offense number.
b.
Return unapproved reports to the officer for correction or
revision.
Offense Report Numbers - Processing by the Collator
1.
Each district uses a separate block of offense report numbers that are
assigned by the collator.
a.
2.
3.
The collator will maintain reports in separate files.
a.
Forms 301, Incident Report, are public record.
b.
Forms 311, Confidential Investigative Notes, are not public
record.
c.
District/section/unit commanders may, at their discretion, grant
police personnel the authority to access investigative files
maintained therein.
District collators will prepare and send a report to CIS on the first of
each month, listing all cases assigned to CIS.
a.
F.
Each offense number has a total of eight numeric and alpha
characters. The first character is the district number. The next
two numbers are the last two numbers of the current year. The
next five numbers are the offense number.
CIS will return the reports to the district collators with the
dispositions or the name of the officer assigned to each case.
Additions and Corrections
1.
Handle additions or corrections to original offense reports and offense
reports returned to units for changes as follows:
a.
Use the original report number.
b.
Check the supplement or correction block at top of report.
c.
Complete the first three lines in the “Victim” section.
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12.400
d.
Make the necessary corrections or additions.
1)
e.
Do not unfound or close the original report and make a
new one.
In the "Report Date/Time" block, print the date the addition or
correction is made.
1)
If after a given calendar month, the title of the offense on
the report is changed, e.g., assault to robbery, make the
standard correction and forward it to Records Section.
a)
Do not unfound or close the original report and make
a new report.
f. In the "Reporting Officer" block, print the name of the officer
making the correction or addition.
g.
Under "Narrative", clearly state the additions or corrections.
Examples:
2.
G.
Correction is to change the name of the
complainant from Ed Brown to Charles
Smith. Addition is stolen bicycle valued at
$100. Correction is total value changed
from $140 to $240.
The collator will make the necessary computer corrections.
Routing Offense and Other Reports
1.
District collators will route copies of reports via computer and mail as
needed. The following is a list of reports distributed to various
sections/units of the Police Department and other City departments:
a.
Form 301 - general use
1)
Original to Records Section (after coding and computer
entry).
2)
Copy for district files.
3)
Copies of all aggravated robbery, robbery of financial
institutions, robbery, aggravated burglary, burglary,
breaking and entering, patient abuse, kidnapping, attempt
kidnapping, abduction, and attempt abduction sent to CIS
via Interdepartmental mail.
4)
Copy of any theft report, including attempts, in which a
form of deception was used, e.g., Pigeon Drop, Bank
Examiner Scheme, Three Card Monte, etc., sent to CIS via
computer terminal and Interdepartmental mail.
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12.400
5)
Copy of rapes and all sex related crimes including public
indecency, interference with custody, endangering children,
unlawful sexual contact with a minor, and child enticement
sent to PCU. Report any crime occurring on school
grounds, or any offense with a juvenile as the complainant,
attempts included, to PCU via computer terminal and
Interdepartmental mail. Route offense reports of any
crimes occurring on school grounds to the Youth Services
Unit via Interdepartmental mail.
6)
Copy of any offense occurring on a liquor permit premises
sent to the Central Vice Control Section via computer
terminal and Interdepartmental mail.
7)
When the words "drug" or "narcotic" appear on an offense
report, a copy by computer is sent to terminals "CVCS" and
"OPS2".
8)
Copy of any offense involving known or suspected gang
members, or when the word “gang” appears on an offense
report sent to the Intelligence Section.
9)
Copy of any report of an incident occurring on City park
property sent to the Park Unit.
10) A copy of any offense report involving a current University
of Cincinnati student faxed to (513) 556-4940 or Xavier
University student faxed to (513) 745-3861.
b.
c.
Reports pertaining to homicides, deaths, etc.
1)
Original to Records Section after coding and computer
entry.
2)
Copy for district files.
3)
Copy to CIS by Interdepartmental mail.
4)
Copy to the affected district from the Traffic Unit via
Interdepartmental mail if the offense is an aggravated
vehicular homicide or vehicular homicide.
5)
Copy to Central Vice Control Section of any offense
occurring on a liquor permit premise via computer terminal
and Interdepartmental mail.
Offense reports pertaining to vehicle thefts, recoveries, etc.
1)
Original to Records Section after coding and computer
entry.
2)
Copy for district files.
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12.400
d.
3)
Copy to CIS via computer terminal and Interdepartmental
mail.
4)
Copy of auto recovery or recovered license plates to the
district where the theft occurred.
Form 304, Missing Report
1)
Original to Records Section after coding and computer
entry.
2)
Copy for district files.
3)
Copy to PCU via computer terminal and Interdepartmental
mail.
a)
e.
f.
g.
h.
Form 313, Firearm Report
1)
File the white and canary copy at the reporting unit.
2)
Attach remaining copies to the firearm.
3)
CIS will retrieve the pink copy from Court Property Unit.
Form 316, Minor Accident/Aided Case/Mental Health Response
Report
1)
Original and one copy for district files.
2)
Copy of all animal bites to the City Health Department.
Form 316A, Deceased Person Report
1)
Original and one copy for district files.
2)
Copy to Records Section.
3)
Copy of found dead and suicides to CIS.
4)
Copy of unidentified found dead/suicides to PCU.
Form 301 when used for incidents
1)
i.
After 30 days, PCU will forward a copy of missing
persons who have not been located to the Hamilton
County Coroner's Office.
Original and one copy for district files.
Form 317, General Conditions Report
1)
Original and one copy for district files.
2)
Copy to Records Section.
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12.400
3)
Prepare a Form 317 for property damage incidents in
which no criminal intent is evident.
a)
j.
Form 369, Tow Report
1)
Pink copy for district files.
a)
k.
H.
Prepare a Form 317 indicating all pertinent facts of
the incident if the property is damaged due to police
action.
Forward a copy of the Form 369 to Records Section.
3)
White copy to Impound Unit.
4)
Yellow copy to wrecker driver.
Form 558, Financial Crimes Complaint
1)
Retain the Form 558 in the district files. The district collator
will assign an eight digit tracking number that will contain
the district of offense, incident number for that district, and
the year of the offense, e.g.; 03-0001-05.
2)
The district collator will send a control copy to the Financial
Crimes Squad.
Reporting and Follow-up Investigation: Assignment and Responsibility
INVESTIGATION ASSIGNMENT LEGEND
Patrol Bureau Traffic Unit
(PBT)
Patrol Bureau Shifts
(PBS)
Patrol Bureau Civilian Clothes (PBC)
Criminal Investigation Section
1.
2.
(CIS)
Assign offense reports having the necessary case assignment criteria
for follow-up investigation and closure by designated units.
a.
An offense report listing two or more offenses will be assigned
for investigation based on the highest degree offense against a
person. If there is a significant change in time, location, or
events during the incident, the offenses may be assigned
separately.
b.
Assign incident reports involving High Profile Criminal
Investigations to CIS, regardless of the offense or potential
offense.
Prepare a Form 301 for the following offenses and attempted
offenses:
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12.400
2903.01
Aggravated Murder/Attempt Aggravated Murder
(CIS)
2903.02
Murder/Attempt Murder
(CIS)
2903.03
Voluntary Manslaughter
(CIS)
2903.04
Involuntary Manslaughter
(CIS)
2903.041
Reckless Homicide
(CIS)
2903.05
Negligent Homicide
(CIS)
2919.13
Abortion Manslaughter
(CIS)
NOTE:
2903.06
Refer to Procedure 12.615, Deceased Persons/Prisoners,
when preparing a Form 301 for the above offenses.
Aggravated Vehicular Homicide/Vehicular Homicide (PBT)
2903.06A
Vehicular Death
NOTE:
(PBT)
When a person kills only himself by means of a motor
vehicle, motorcycle, snowmobile, locomotive, watercraft, or
aircraft, list the term “Vehicular Death” on the Incident
Report. For reporting purposes, use ORC Section
2903.06A.
Prepare a Form 301 for all deaths occurring as a result of
traffic crashes.
2903.08
NOTE:
2903.11
2903.12
2903.13
NOTE:
2903.14
Aggravated Vehicular Assault/Vehicular Assault
(PBT)
Refer to Procedure 12.230, Fatal Crash Investigation and
Placement of Related Charges, when using 2903.06,
2903.06A, and 2903.08.
Felonious Assault
(PBC)
If victim is hospitalized and death appears imminent
(CIS)
Aggravated Assault
(PBC)
If victim is hospitalized and death appears imminent
(CIS)
Assault
(PBS)
If suspect is out of town or unusual circumstances
exist
(PBC)
Refer to Procedure 12.415, Reporting and Classifying
Assault Offenses, for completing an assault report on a
law enforcement officer.
Negligent Assault
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(PBS)
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12.400
2903.16
Failing to Provide for Functionally Impaired
(PBC)
2903.211 Menacing By Stalking
(PBC)
2903.22
Menacing
(PBS)
2903.31
Hazing
(PBC)
2903.34PA Patient Abuse (felony)
(CIS)
2903.34PN Patient Neglect (misdemeanor)
(PBC)
2903.34GPN Gross Patient Neglect (misdemeanor)
(PBC)
2903.341 Patient Endangerment (misdemeanor)
(PBC)
2903.341 Patient Endangerment (felony)
(CIS)
2905.01
Kidnapping
(CIS)
2905.02
Abduction (all cases)
(PBC)
2905.03
Unlawful Restraint
(PBC)
2905.05
Criminal Child Enticement
(CIS)
2905.11
Extortion
(CIS)
2905.12
Coercion
(CIS)
2907.02
Rape
(CIS)
2907.03
Sexual Battery
(CIS)
2907.04
Unlawful Sexual Conduct w/Minor
(CIS)
2907.05
Gross Sexual Imposition
Age 18 years and older
Age 17 years and younger
2907.06
(PBC)
(CIS)
Sexual Imposition
Age 18 years and older
Age 17 years and younger
(PBC)
(CIS)
2907.07
Importuning
(PBC)
2907.08
Voyeurism
(PBC)
2907.09
Public Indecency
(PBC)
2909.04
Disrupting Public Service
(PBC)
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12.400
2909.05
Vandalism
(PBC)
2909.06
Criminal Damaging or Endangering
(PBS)
2909.07
Criminal Mischief
(PBS)
2909.08
Endangering Aircraft or Airport Operations
(PBC)
2911.01
Aggravated Robbery
All cases except financial institutions
Aggravated Robbery of financial institutions
2911.02
(PBC)
(CIS)
Robbery
All cases except financial institutions
Robbery of financial institutions
(PBC)
(CIS)
2911.11
Aggravated Burglary
(PBC)
2911.12
Burglary
(PBC)
2911.13
Breaking and Entering
(PBC)
NOTE:
When a robbery or burglary offense involves a controlled
substance, refer to Section B.9.
2911.211 Aggravated Trespass
(PBC)
2911.31
Safecracking
(PBC)
2911.32
Tampering with Coin Machines
(PBC)
2913.02G Theft, Grand
If unusual circumstances
(PBS)
(PBC)
2913.02P Theft, Petty
If unusual circumstances
(PBS)
(PBC)
License Plate Validation Stickers
(PBC)
a.
The word "Grand" or "Petty" will precede the word "Theft" on
theft offenses. Record the type of theft in “Larceny Type” block.
2913.04
Unauthorized Use of Property
(PBC)
2913.05
Telecommunications Fraud
(PBC)
2913.11
Passing Bad Checks
2913.21
Misuse of Credit Card
2913.31
Forgery
2913.32
Criminal Simulation
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12.400
2913.49
a.
b.
Identity Fraud
Officers are required to complete a Form 558 for the above
listed offenses (2913.11, 2913.21, 2913.31, 2913.32, and
2913.49).
1)
Amount of loss is $2500.00 or less
(PBC)
2)
Amount of loss is greater than $2500.00
(CIS)
When completing a report for Identity Theft:
1)
Supply the victim with the phone number to the Financial
Crimes Squad, (513) 352-3545.
2)
Fax a copy of the Form 301 to the Major Offenders Unit at
(513) 352-6473.
3)
Mail the original Form 301 to the Financial Crimes Squad if
the amount of the theft is over $2500.
4)
Mail a copy of the Form 301 to the Financial Crimes Squad
if the amount of the theft is $2500 or less.
2913.33
2913.41
Making or Using Slugs
Defrauding a Livery or Hostelry (Non-Vehicular)
(PBC)
(PBC)
a.
A breach of a rental agreement is a civil matter unless you can
show criminal intent. Criminal intent can be inferred if the
suspect provides a false name and address at the time of the
rental or moves during the rental period without leaving a
forwarding address.
b.
If criminal intent is established, an offense report should be
made and a warrant referral issued. If no criminal intent can be
established, the complainant should be advised to seek civil
redress.
2913.41V Defrauding a Livery or Hostelry (Vehicular)
a.
(PBC)
Prepare a Form 301 in those cases where the vehicle has been
returned to the owner. Otherwise, refer to Procedure 12.420,
Reporting Vehicle Thefts and Related Offenses.
******Report violations of the following statutes on a Form 301:
2913.02 (Theft); 2913.04 (Unauthorized Use of Property), and
2913.41 (Defrauding a Livery or Hostelry). If applicable, include
all serial numbers, vehicle identification numbers, etc., on the
items listed below for entry into NCIC stolen property files:
Sailboat
Rowboat
Pickup camper (out of truck)
Jack lift
Rev. 12/09/08, Replaces 09/02/08
20
12.400
Farm machinery not designed to carry the operator
Riding lawn mowers with no serial number (riding lawn mowers
with a serial number are reported on a Form 303)
NOTE: Refer to Procedure 12.420 for those articles to be
reported on a Form 303.
2913.44
Personating an Officer
(PBC)
2917.21
Telecommunications Harassment
(PBC)
2917.31
Inducing Panic
(PBC)
a.
Bomb Threats - Insert "Bomb Threat" in parentheses when an
evacuation occurs.
2917.32
Making False Alarms
(PBC)
a.
Bomb Threats - Insert "Bomb Threat" in parentheses when no
evacuation occurs.
b.
Prepare a Form 301 for any false fire alarms when an arrest is
made or a suspect known.
1)
2)
Complainant is the Cincinnati Fire Department.
Complainant's address is 430 Central Avenue.
3)
Reporting person is the Fire Department officer in charge
(OIC) at the scene. The OIC's address is the fire company
where assigned.
4)
List how the alarm was given in the "Remarks" section:
telephone, etc.
2919.13
Abortion Manslaughter
(CIS)
2919.22B Endangering Children
(CIS)
2919.23
Interference with Custody
(CIS)
2919.25
Domestic Violence
(PBC)
2919.27
Violating Protection Order or Consent Agreement
(PBC)
2921.02
Bribery
(CIS)
2921.03
Intimidation
(*)
*Will be investigated by the investigator assigned the
original offense or incident.
2921.04
Intimidation of Crime Victim or Witness
(*)
*Will be investigated by the investigator assigned the
original offense or incident.
Rev. 12/09/08, Replaces 09/02/08
21
12.400
3.
2921.05
Retaliation
(*)
*Will be investigated by the investigator assigned the
original offense or incident.
2921.51
Impersonating a Peace Officer or Private Policeman (CIS)
2923.161 Discharging a Firearm at Habitation or School
(PBC)
2927.12AM Ethnic Intimidation/Aggravated Menacing
(PBC)
2927.12M Ethnic Intimidation/Menacing
(PBC)
2927.12CM Ethnic Intimidation/Criminal Mischief
(PBC)
2927.12CD Ethnic Intimidation/Criminal Damaging
(PBC)
2927.12TH Ethnic Intimidation/Telephone Harassment
(PBC)
Prepare a Form 303 for the following offenses/instances:
2913.02V Theft - Stolen Vehicles
a.
Investigated by civilian clothes personnel in the district where the
theft occurred.
2913.02VR Recovered Stolen Vehicle
a.
(PBC)
(PBC)
Investigated by personnel in the district where the theft occurred.
2913.02L
Theft - Stolen License Plate(s)
(including expired plates)
(PBC)
2913.02LR
Recovered Stolen License Plate(s)
(PBC)
2913.03V
Unauthorized Use of a Vehicle
(PBC)
2913.03VR
Unauthorized Use of a Vehicle Recovery
(PBC)
2913.41V
Vehicular Defrauding of a Livery or Hostelry
(PBC)
2913.41VR
Vehicular Defrauding of a Livery or Hostelry
Recovery
(PBC)
NOTE: The district collator will enter a monetary value for stolen and
recovered vehicles on the report. The value of a vehicle is
determined by using the following Internet sites:
http:www.kbb.com/, the Kelly Blue Book home page, or
http:www.nadaguides.com/, the NADA guidebook home
page. To ensure the recovery value is consistent with the
reported value, the recovery district collator must contact the
district collator where the larceny occurred.
4.
Offenses investigated at the district level will be processed as outlined
on the attached Incident Report Flow Chart.
Rev. 12/09/08, Replaces 09/02/08
22
12.400
I.
Case Closure Audit
1.
On a monthly basis, the district commander will ensure a random
audit of cases closed by both investigative and uniformed personnel is
conducted. Early closures will not be included in this audit.
a.
This audit will include:
b.
1)
A ten percent sample of inactive closures.
2)
A ten percent sample of otherwise closures.
3)
A ten percent sample of unfounded closures.
A district supervisor not assigned to the Investigative Unit will
conduct this audit.
1)
J.
The auditing supervisor will personally contact the
complainant to ensure the report was properly closed and
that the investigating officer properly notified them of the
closure.
c.
The district commander will ensure a monthly summary of the
case closure audit is forwarded to him for review.
d.
District commanders will ensure quarterly reports are biannually
compiled and forwarded to the Patrol Bureau Commander (first
and second quarter submitted during July, third and fourth
quarter submitted during January).
Investigation Requests from Other Law Enforcement Agencies
1.
CIS will monitor and control investigative requests from law
enforcement agencies outside the Cincinnati Police Department.
a.
Document and forward all extensive investigative requests
received from outside law enforcement agencies to CIS.
1)
CIS will assign the request within the Police Department.
2)
The district, section, or unit receiving the request will
conduct the follow-up investigation, provide the requested
assistance, if possible, and contact the outside agency
advising them of the investigative results.
3)
Forward a Form 311, Incident Closure Report, to the CIS
Commander. The Form 311 will contain the case
disposition and state the outside agency has been
contacted and advised.
a)
Affected districts will handle routine requests for
assistance from adjoining police agencies.
Rev. 12/09/08, Replaces 09/02/08
23
12.400
INCIDENT REPORT FLOW CHART
Incident Reports
Confidential Investigative Notes
Shift Supervisor
Data
Keybook File
Original
D.E.O.
Collator
Copy
Copy
Records Audit Unit
Data
Enter
Closure
CC
Supervisor
Stats
C
I
S
RCIC
Statistics
Early
Closure
Yes
Postcard
No
Crime
Analysis
Yes
Original
Arrest or
Otherwise
Other
Agencies
Department
General
Public
No
Shift
Supervisor
Case
Assigned
CC
Supervisor
Officer
Officer
Investigation
Investigation
Supervisor
Supervisor
Complainant
Contacted?
Complainant
Contacted?
Meets
Standards
For Closure
Meets
Standards
for Closure
Yes
Yes
Closure/File
Rev. 12/09/08, Replaces 09/02/08
24
12.401
12.401 TELEPHONE CRIME REPORTING UNIT (TCRU)
Reference:
Procedure 12.400 – Offense Reporting, Miscellaneous Reporting
Procedure 12.420 – Reporting Vehicle Thefts and Related Offenses
Procedure 12.425 – Reporting and Classifying Breaking and Entering Offenses
Procedure 12.435 – Reporting Conditions Affecting Other Departments – Form
318
ORC 2919.25
- Domestic Violence
ORC 2903.341 - Patient Endangerment
ORC 5123.01
- Definitions
Purpose:
Provide citizens information in police matters and take minor police reports by
telephone, leaving field units available for other police tasks.
Policy:
Officers, regardless of their assignment, will record all facts and actions fairly and
impartially when taking an incident report. Officers will provide the requested
police service and will complete an accurate and thorough report.
Officers dispatched or on the scene of an incident requiring a police report or
having personal contact with a citizen requiring a police report, regardless of the
complaint, will make the report. Officers will not refer the citizen to TCRU.
Unit desk personnel and Police Communications Section (PCS) operators will
refer qualifying report requests received by telephone to TCRU. Unit desk
personnel will take reports from citizens who have responded to the unit.
The primary complaint operator (PCO) will refer citizens calling the emergency
line for advice to TCRU.
Procedure:
A.
Telephone Crime Reporting Unit (TCRU) Reporting:
1.
Contact TCRU at 352-2960, Monday through Friday, 0800 – 1700
hours.
2.
Before referring a call to TCRU, the following questions should be
answered with "No":
3.
a.
Did the offense just occur?
b.
Could anything be gained by sending a police officer?
TCRU will ordinarily take the following types of reports:
a.
Thefts
Rev. 09/21/04, Replaces 08/05/03
1
12.401
1)
Grand and Petty, where there is no possibility of immediate
apprehension or property recovery and the value stolen is
less than $5000.00.
a)
2)
b.
Theft of firearms is not a TRCU reportable offense
and requires dispatch.
"Drive off" type thefts including incidents which have just
occurred.
Breaking & Entering
1)
Detached garages, etc., no suspects or possibility of a
property recovery.
c.
Criminal Damage
d.
Simple Assault
1)
e.
No medical attention necessary
Menacing
1)
Send an officer if suspect is expected or threatens to
return.
f.
Attempt Auto Thefts
g.
Lost or Stolen License Plates
h.
Telephone Offenses (Except Bomb Threats)
1)
i.
Send an officer if suspect is expected or threatens to
return.
Any offense reported by a mentally retarded person or
developmentally disabled person (MR/DD) or the caretaker or
caseworker of the MR/DD victim.
1)
These offenses must meet the criteria as described in
Section A.2.
a)
Domestic Violence and Patient Endangerment
offenses are not TCRU reportable offense and
require dispatch.
j.
Property Lost
k.
Property Damage
l.
Dog Bites
1)
No medical attention needed, owner is known, and no
transportation is needed.
Rev. 09/21/04, Replaces 08/05/03
2
12.401
m.
Adult noncritical missings with no extenuating circumstances.
n.
Conditions Affecting Other Departments (Form 318).
1)
Incidents where the City of Cincinnati could not be held
liable.
2)
Immediate investigation is not required by a police officer,
such as parking meters out of order, defaced street signs,
etc.
4.
The TCRU officer may dispatch a police unit if the officer believes the
presence of an officer is needed.
5.
The listed report categories will be the normal guidelines but the
TCRU officers could expand on these if circumstances warrant.
6.
TCRU will make a Form 311G, Cincinnati Police Department
Confidential Investigative Notes-General, when appropriate
information is available. Upon receipt of the report by the affected
district or unit, the report can be assigned for follow-up investigation at
their discretion.
Rev. 09/21/04, Replaces 08/05/03
3
12.402
12.402 OFFENSE TRACKING SYSTEM, KEYBOOK
References:
Automated Keybook User's Manual
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
Procedure 12.405 - Closure of Offense Reports
Procedure 12.415 - Reporting and Classifying Assault Offenses
Procedure 12.420 - Reporting Vehicle Thefts and Related Offenses
Procedure 12.430 - Endangering Children Offenses
Standards Manual - 15.1.1, 42.1.3, 82.1.5
Purpose:
Establish a uniform Department policy governing the tracking and preservation of
offense information.
Promote uniformity and standardization in offense tracking.
Procedure:
A.
Maintaining Keybook:
1.
2.
Each district collator will maintain the automated offense tracking
system (keybook) in accordance with the instructions in the current
user's manual and Procedure 12.400. This manual is available from
the Computer Systems Unit.
a.
Data entry and updating will be completed in a timely manner,
usually daily.
b.
After the keybook page(s) entry is completed, the page(s) will be
printed and stored in a binder.
Backup of Data
a.
Each unit commander will be responsible for maintaining backup
copies of the keybook. This will be accomplished using the
Keybook Main Menu item for backup procedures. This
procedure will be completed on a daily basis. This will ensure
minimum reentry of data in the event of a computer crash.
b.
Three sets of diskettes will be necessary for the standard
backup process. These should be designated set "A, B, and C."
1)
One set will be stored in the collator's office and will be
used for the daily backup.
2)
One set will be stored in the unit commander's office and
will be updated weekly.
Rev. 1/97, Replaces 3/89
1
12.402
3.
3)
One set will be stored at the Computer Systems Unit and
should be updated every other week. These diskettes
should be brought to the Computer Systems Unit each
payday. Do not mail.
4)
The three sets of diskettes can be rotated among the three
locations as needed.
5)
New diskettes should be used every other month.
Security
a.
Unit commanders are responsible for the integrity and security of
the keybook program.
b.
The keybook program is designed to load itself from a
predetermined format. The password is imbedded in this signon. A password has been assigned to the system.
c.
The password will be disseminated by the unit commander to
the system administrator, collator and other appropriate
personnel.
d.
The unit commander will assign a new password as deemed
necessary, or whenever a change in unit commanders occurs.
Rev. 1/97, Replaces 3/89
2
12.403
12.403 CRIME VICTIM/WITNESS NOTIFICATION AND
ASSISTANCE
References:
Ohio Revised Code Chapter 2930 – Victims’ Rights
Ohio Revised Code 2933.41 - Disposition of property held by law enforcement
agency; written internal control policy; records and
reports; funding citizens’ reward programs
Ohio Revised Code 2933.42 - Offenses involving contraband; forfeiture of
property used in committing violation
Ohio Revised Code 2933.43 - Procedure for seizure and forfeiture of
contraband; law enforcement agency authorized
to use, destroy, or sell forfeited contraband;
distribution of proceeds of sale
Ohio Revised Code 109.42 - Victim's bill of rights pamphlet
United States Code - Violent Crime Control and Law Enforcement Act of 1994
Definitions:
Crime means any felony or violation of Ohio Revised Code (ORC) Sections
2903.05 Negligent Homicide, 2903.06 Aggravated Vehicular Homicide, 2903.13
Assault, 2903.21 Aggravated Menacing, 2903.21.1 Menacing by Stalking,
2903.22 Menacing, 2907.06 Sexual Imposition, 2919.25 Domestic Violence, and
2921.04 Intimidation of Crime Victim or Witness (as outlined in ORC 2930.01
Definitions).
Victim means a person who is identified as the victim of a crime in a police
report or in a complaint, indictment, or information charging the commission of a
crime.
Notice under ORC Chapter 2930 will be given to a victim by any means
reasonably calculated to provide prompt actual notice. Notice may be oral or
written.
Policy:
Department personnel are responsible for providing proper notification and
assistance to victims and witnesses of crime as outlined in the ORC 2930
Victims’ Rights section.
It is incumbent upon investigators assigned cases whose offenses are outlined in
ORC section 2930.01 to provide assistance to and follow-up with victims and
witnesses as required under the victim’s rights statute.
Procedure:
A.
When investigating an offense, the victim of the offense, his family, or his
dependents must be given a copy of the following:
1.
"Your Rights and Responsibilities as a Crime Victim" booklet
distributed by the Attorney General of the State of Ohio.
Rev. 10/03/06, Replaces 12/02/03
1
12.403
a.
This booklet can be given to the dependents or the family of the
victim if the condition or age of the victim dictates.
2.
Telephone number of district/section/unit investigating the offense.
3.
Printed list of medical, counseling, housing, and emergency services
available to the victim.
4.
Business phone number of the Prosecutor of Hamilton County and
the City of Cincinnati.
5.
Written notification of the victim's right to contact the Police
Department to learn the status of the case, if the victim is not notified
of the arrest of the offender in the case.
NOTE: Information contained in subsections 2., 3., 4., and 5. above will
be attached to the inside back cover of the Attorney General's
booklet.
B.
Distribution of the above listed material will be made in the following
manner:
1.
A copy will be given to the victim, his family, or dependents on the first
contact by the reporting officer.
2.
If the victim, his family, or dependents are unable to understand the
significance of the information, it will be given on the second contact
by the investigating officer.
3.
A copy will be given to the victim, his family, or dependents by mail if it
was not given on the first contact and there is no second contact in
person (includes those specified offenses reported through Telephone
Crime Reporting Unit).
a.
Mailing of information will be the responsibility of the affected
district.
1)
C.
Responsibility for mailing will be determined by the district
commander.
The follow-up investigator will give the victim, his family, or dependents the
following information:
1.
Business phone number of the investigator.
2.
Notification when the defendant is arrested and if the defendant is
eligible for pretrial release.
3.
A contact phone number of the Police Department to ascertain
whether the defendant has been released.
a.
When an arrest is made at the time of an offense and no
investigator is assigned to the case, the arresting officer will give
the victim the above listed information.
Rev. 10/03/06, Replaces 12/02/03
2
12.403
D.
E.
The follow-up investigator is responsible for providing the following
assistance to crime victims/witnesses:
1.
Explain the procedures involved in the prosecution of their cases.
2.
If the impact upon the victim or witness was unusually severe, make
periodic contacts to determine if their needs are being met.
3.
Attempt to schedule interviews, etc. at the convenience of the victim
or witness.
4.
Advise the victim of a felony offense that the Victim/Witness Division
of the Hamilton County Prosecutors’ office will assign an advocate to
provide assistance as needed at the Grand Jury hearing. The Rape
Crisis and Abuse Center contacts all victims of domestic violence and
offers advocate services to those victims.
The Police Department will return the property of the victim as soon as
possible unless one of the following applies:
1.
There is a dispute of ownership.
2.
It is evidence, contraband, or property used in committing an offense
as defined in ORC sections listed below:
3.
F.
a.
ORC Section 2933.41, Disposition of property held by law
enforcement agency; written internal control policy; records and
reports; funding citizens’ reward programs.
b.
ORC Section 2933.42, Offenses involving contraband, forfeiture
of property used in committing violations.
c.
ORC Section 2933.43, Procedure for seizure and forfeiture of
contraband; law enforcement agency authorized to use, destroy,
or sell forfeited contraband; distribution of proceeds of sale.
If the defendant in a case files a motion to retain the property of the
victim because the property is needed for the defense in the case, the
Police Department will retain the property until the court rules on the
motion.
The Ohio Department of Rehabilitation and Correction will notify the
Criminal Investigation Section (CIS) of a prisoner being placed on
electronically monitored early release.
1.
CIS will make a blotter entry and advise the affected district of the
electronically monitored prisoner's early release.
a.
2.
The district receiving the information from CIS will make a blotter
entry.
The Rapid Indictment Program supervisor will distribute this
information at the next Investigative Supervisors’ meeting.
Rev. 10/03/06, Replaces 12/02/03
3
12.403
G.
The U.S. Courts Probation and Parole will notify CIS of prisoners who have
been released from the federal system on supervised release and have
been convicted of a crime of violence or a drug trafficking.
1.
CIS will make a blotter entry and advise the affected district of the
prisoner's early release.
a.
2.
The district receiving the information from CIS will make a blotter
entry.
The Rapid Indictment Program supervisor will distribute this
information at the next Investigative Supervisors’ meeting.
Rev. 10/03/06, Replaces 12/02/03
4
12.404
12.404 COMMUNITY NOTIFICATION OF PERSON PAROLED
FOR A VIOLENT PERSONAL CRIME
Reference:
Cincinnati Municipal Code Chapter 717
Procedure 12.406 – Sexual Predator Address Verification
Definitions:
Neighbor – one living or located near another.
Neighborhood – being immediately adjacent or relatively near another.
Notification – personal notice to an adult family member.
Purpose:
Comply with state law and city ordinances, and to establish Police Department
procedure for community notification of persons on parole for certain listed
offenses and monitor the felon's presence.
Procedure:
A.
Criminalistics Squad Responsibilities
1.
2.
Register persons on parole or judicial supervision for the following
offenses of the Ohio Revised Code (ORC) or the equivalent offenses
under the laws of the United States or of the state in which the
offense was committed.
a.
Aggravated Murder - ORC 2903.01
b.
Murder - ORC 2903.02
c.
Voluntary Manslaughter - ORC 2903.03
d.
Rape - ORC 2907.02
e.
Sexual Battery - ORC 2907.03
f.
Gross Sexual Imposition - ORC 2907.05
g.
Kidnapping - ORC 2905.01
h.
Abduction - ORC 2905.02
Maintain a registration list and forward a copy weekly to the
Community Oriented Policing (COP) Coordinator.
Rev. 01/29/08, Replaces 8/99
1
12.404
B.
COP Coordinator Responsibilities
1.
Maintain a file of the felony registration list.
2.
Forward a Form 17, Felony Notification, to the affected district for
community notification.
3.
Ensure the notification process is completed for each registered felon
pursuant to Cincinnati Municipal Code Chapter 717.
a.
C.
The COP Coordination Unit will maintain a file of the completed
Form 17, Felony Notification, upon receipt from the affected
districts.
District responsibilities
1.
Notification by district personnel using the Form 605, Notification of
Release, will occur within 10 days of receipt of the Form 17, Felony
Notification, utilizing the following guidelines:
a.
If the residential area is a single family dwelling, the district
officer will notify an adult member of each household
immediately adjacent to the subject.
b.
If the building has four or less separate residences, the district
officer will notify an adult member of each residence.
c.
If the building has more than four separate residences, the
district officer will notify an adult member of each residence on
the same floor as the subject.
d.
Personal delivery of the Form 605, Notification of Release, is the
preferred method of notification. However, officers may leave
the Form 605 at the residence after making every reasonable
attempt to make personal contact.
1)
2.
Maintain a file of the Form 605.
Complete the Form 17 and forward to the COP Coordinator verifying
the affected neighbors were notified.
a.
Maintain a copy of the Form 17 in the district’s files.
3. District personnel will notify communities of the registered felons at the
affected community council/CPOP meetings.
a. This discussion does not take the place of an official notification
in the neighborhood.
Rev. 01/29/08, Replaces 8/99
2
12.405
12.405 CLOSURE OF OFFENSE REPORTS
References:
Ohio Uniform Incident Training Manual
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
Procedure 12.401 - Telephone Crime Reporting Unit (TCRU)
Procedure 12.420 - Reporting Vehicle Thefts and Related Offenses
Standards Manual - 42.1.2, 42.2.3, 82.1.5
Policy:
When taking an offense report, the reporting officer will complete a thorough
initial investigation. The officer will record all pertinent information accurately on
the original Ohio Uniform Incident Report and the Incident Report Supplement
(Form 311I). Under the Early Closure System, the maintenance of a high
standard of clearance is dependent on the quality of the preliminary
investigation.
The closure process will include: reviewing and analyzing all previous reports
prepared in the preliminary phase; department records; results from laboratory
examinations; conducting additional interviews and interrogations; seeking
additional information (from uniformed officers, informants); planning, organizing,
conducting searches, and collecting physical evidence; identifying and
apprehending suspects; determining involvement of suspects in other crimes;
checking suspects’ criminal histories; preparing cases for court presentation; and
making a “second contact” with principals involved in a case requiring follow-up
investigations or which has been closed.
Information:
Close offense reports assigned to Patrol Bureau Shifts (PBS), Patrol Bureau
Civilian Clothes (PBC), and Criminal Investigation Section (CIS), with the
exception of homicide cases and missings, within 28 days from the date reported
to police. Submit the original closing Supplementary Offense Report (Form 311)
to the Records Unit within seven days of the closure.
Neither a Form 311 nor an Ohio Uniform Incident Report are required to close a
case with an original arrest or an original otherwise. If a case is an original arrest
closure, the arrested must be charged with the reported offense. An original
otherwise closure requires a statement justifying why the case is not closed by
arrest. Record this information on the original Ohio Uniform Incident Report,
preferably in the "Narrative" section. However, fill out a Form 311I if there are
additional suspects not arrested, or if the offense is similar to other unsolved
offenses.
The recovery of stolen property is supplemental to the closure of an offense. It
has no bearing on the type of closure. Record on the closing Form 311 the
description, value, disposition, etc., of recovered property prior to forwarding it to
the Records Unit.
Rev. 5/00, Replaces 1/97
1
12.405
Prior to forwarding closing reports to the Records Unit, the unit commander, or
designate, must sign the report. This indicates approval and ensures complete
closing copies of the Ohio Uniform Incident Report. Records Unit will return
incomplete or incorrect closing reports to the investigating officer's supervisor.
Procedure:
A.
Case Assignment Criteria for Follow-Up Investigation:
1.
Follow-up investigation of an offense report will occur when any of the
following apply:
a.
Suspect identification can be developed from:
1)
Usable fingerprints.
2)
Significant physical evidence.
3)
Victim, witness, or informant information.
4)
A license number or significant description of a vehicle
used in the offense.
b.
There is serious physical harm, or the threat of serious physical
harm to the victim. Generally bomb threats and obscene phone
call offenses are not assigned for investigation. However,
aggravated circumstances may cause assignment of any of
these offenses.
c.
The suspect used a deadly weapon or dangerous ordinance.
d.
There is a significant modus operandi (MO) which will aid in the
solution of the offense.
e.
The offense is a sex crime in which the victim and suspect had
physical contact.
f.
There is another reason to assign the offense for investigation.
Example: Hazardous or dangerous material stolen
Example: A reported offense which would raise community
concern
2.
All offenses involving Motor Vehicle Thefts, Unauthorized Use of
a Motor Vehicle, and License Plates Thefts will have a three day
follow-up investigation period to verify registration and to ensure
accurate information. When assigned, these cases will have a
28 day follow up.
Rev. 5/00, Replaces 1/97
2
12.405
B.
Methods Used to Close Offense Reports:
1.
2.
3.
4.
An offense is cleared by "Arrest" when at least one person is arrested
and charged with the commission of the reported offense.
a.
List the arrest's name, address, sex, race, age, charge, control
number, etc., on the closing Form 311.
b.
In cases involving juveniles, place the charge of Juvenile
Delinquency along with the specific offense on the Form 311.
An offense is cleared as "Death of Offender," "Prosecution Declined,"
"Extraditions Denied," "Victim Refused to Cooperate," or "Juvenile/No
Custody" (exceptional clearance) if all the following apply and all
necessary information is on the closing Form 311:
a.
The investigation has definitely identified the offender.
b.
There is enough evidence to charge and arrest the suspect.
c.
The offender's exact location is known and the suspect could be
taken into custody.
d.
There is some reason outside police control preventing the
charging and arrest of the suspect.
e.
Complete suspect information (name, address, sex, race, DOB,
etc.) must be on the closing Form 311.
Substantiate related multiple exceptional clearance closures (four or
more) by one of the following:
a.
A copy of a recorded statement or a copy of a signed statement
by the suspect. The contents will include the suspect admitting
to the offenses and some details of the commission of the
offenses.
b.
A Form 17 signed by a unit supervisor listing the offenses
submitted for closure (offense number and the complainant's
name) and details for the otherwise closures.
Inactive Closures ("Warrant Issued" or "Investigation Pending")
a.
An offense can have an "Inactive" closure even though there is
property recovered and/or there is knowledge of the identity of
the perpetrator who has not been apprehended.
b.
Reopen and close these inactive reports according to new
developments.
Rev. 5/00, Replaces 1/97
3
12.405
5.
C.
a.
Unfounding an offense report does not count as a case closed.
The offense is removed from the reported crime statistics.
b.
A report is unfounded because the reported facts do not
constitute a reportable offense, or the investigation reveals the
reported facts did not occur.
Early Closure of Ohio Uniform Incident Reports ("Closed"):
1.
D.
Unfounded Reports
Early close an Ohio Uniform Incident Report that does not meet the
criteria for follow-up investigation. Complete a Form 311. Mark "EC"
next to "Closed" box.
a.
The case assignment supervisor will review all offenses and
determine the case assignment status.
b.
When an offense does not have the necessary criteria for followup investigation, the case assignment supervisor will early close
the offense. Immediately forward to the complainant a postcard
with the early closure information. The postcard will be:
1)
Reviewed and personally signed by the investigative officer
in charge.
2)
Sent each day to TCRU.
Final Disposition of Ohio Uniform Incident Reports (Except Early Closure):
1.
Upon conclusion of the follow-up investigation, the investigator will:
a.
Conduct a final interview with the complainant by telephone or in
person.
b.
Advise the complainant the investigation is being terminated. If
there are additional investigative leads, such as an arrest or
property recovery, the investigation may be reopened and the
complainant will be contacted and provided with the pertinent
developments.
1)
2.
Note notification of the complainant of the case closure on
the closing Form 311.
When there is an arrest when taking the original Ohio Uniform
Incident Report, note in the "Narrative" section of the Ohio Uniform
Incident Report notification of the complainant that the case was
closed.
Rev. 5/00, Replaces 1/97
4
12.405
E.
Supplementary Offense Report (Form 311):
1.
Use the Form 311 to close the Ohio Uniform Incident Report. Use it
to open and close differently all previously closed reports.
a.
Complete information pertinent to any closure must appear on
the Form 311.
b.
The unit preparing the Form 311 will prepare the following
copies:
1)
Original sent to the Records Unit.
2)
Duplicate attached to the Ohio Uniform Incident Report
being closed at the district of occurrence.
a)
2.
Use a Form 311 to report the recovery of stolen property believed to
have been stolen locally, but not identified with any local offense
reports.
a.
F.
When applicable, send a copy to the unit having coresponsibility for investigation of the offense (see
Procedure 12.400, C., Offense Reporting - Follow-up
Investigative Responsibility).
The originating unit will prepare the Form 311 in duplicate giving
complete information available relative to the recovery.
1)
Original forwarded to the Records Unit.
2)
Duplicate retained by the originating unit.
Scoring Arrests:
1.
2.
As the scoring of arrests is determined from the officers' names and
district appearing on the Arrest and Investigation Report (Form 527)
under "Arresting Officer," only those officers who qualify within the
definition should be listed.
a.
The arresting officers are only those officers at the scene of the
arrest who actively participate in the arrest.
b.
Officers who may supply information leading to an arrest or
develop evidence pertaining to the arrest will be termed
"Cooperating Officers," and their names will be entered on the
Form 527 under "Facts of Arrest."
In general, when making an arrest, the credit goes to the arresting
officer(s)' district or unit of assignment. Examples are:
a.
If a District One officer makes an arrest in District Two, credit the
arrest to District One.
Rev. 5/00, Replaces 1/97
5
12.405
3.
b.
If the Criminal Investigation Section makes an arrest in District
One, credit the arrest to the Criminal Investigation Section.
c.
If a District One officer is off duty and makes an arrest in District
Two, credit District One with the arrest.
When officers from more than one district or unit make an arrest,
credit the arrest to the district wherein the arrest is made, provided
one of the arresting officers is assigned to the district of arrest.
a.
4.
The above policy for crediting arrests will also apply to multiple
arrests.
Officers employed by private agencies who work in a police capacity
will be considered in the same class as a private policeman. When
they make arrests while so engaged, credit for their arrest goes to the
district where the arrest was made.
a.
It will be the responsibility of the arresting officers to furnish the
Hamilton County Justice Center Intake sufficient information of
their outside employment status (under the above paragraph),
so that correct information can be placed on the arrest forms.
Rev. 5/00, Replaces 1/97
6
12.410
12.410 CRIMINAL WARRANTS/REFERRALS
Reference:
Procedure 12.412, Domestic Violence
Procedure 12.400, Offense Reporting, Miscellaneous Reporting
Policy:
Officers will establish probable cause for successful prosecution of an offense
before filing criminal complaints. If after a preliminary investigation, probable
cause is not met, officers will advise citizens that there is insufficient cause to
sign a criminal complaint. Reportable offenses may then be reassigned to an
investigator in an attempt to gather probable cause to make an arrest.
Procedure:
A.
Private Citizen Reporting a Felony:
1.
Conduct a preliminary investigation.
2.
Complete an offense report, if required.
3.
Notify the responsible investigating unit.
a.
4.
5.
B.
That unit may respond immediately to pick up the complainant,
or arrange for a meeting with the complainant at his home or at
the unit.
If the investigation reveals probable cause for successful prosecution,
the investigating officer will:
a.
File all appropriate criminal complaint(s).
b.
Prepare the case for presentation through the court system.
If the incident involves Domestic Violence, refer to Procedure 12.412.
Private Citizen Reporting a Misdemeanor:
1.
Conduct a preliminary investigation.
2.
Complete an offense report, if required.
3.
If the investigation reveals probable cause for successful prosecution,
the investigating officer will:
a.
File all appropriate criminal complaint(s).
b.
Prepare the case for presentation through the court system.
Rev. 12/30/08, Replaces 12/01
1
12.410
C.
4.
An officer making, or intending to make, an immediate arrest of the
suspect, will respond to the Clerk of Courts Office with the
complainant to file the appropriate complaint(s) (e.g., business owner,
store security).
5.
If the investigating officer believes probable cause does not exist to
file a criminal complaint, advise the citizen. In cases where further
information may lead to establishing probable cause, advise the
citizen that the case will be assigned to an investigator.
6.
If the incident involves domestic violence, refer to Procedure 12.412.
7.
Complete Form 655, indicating a Business Complaint Warrant
Referral when a business reports an offense (e.g., employee theft,
shoplifting), the suspect is known, and immediate arrest will not occur.
If an offense report is made, note the action taken in the "Remarks and
Explanations" section of the report:
1.
"Business Complaint Referral"
2.
"Warrant Signed by Police/Complainant"
3.
"Refused Service," etc.
Rev. 12/30/08, Replaces 12/01
2
12.412
12.412 DOMESTIC VIOLENCE
References:
Procedure 12.400, Offense Reporting, Miscellaneous Reporting
Procedure 12.403, Victim of Crime Notification
Procedure 12.410, Criminal Warrants/Referrals
Procedure 12.413, Enforcement of Court Orders
Procedure 12.555, Arrest/Citation: Processing of Adult Misdemeanor and Felony
Offenders
Procedure 12.705, Property Confiscation
Procedure 12.900, Processing Juvenile Offenders
ORC 2903.11 - Felonious Assault
ORC 2903.12 - Aggravated Assault
ORC 2919.25 - Domestic Violence
ORC 2919.26 - Motion for Temporary Protection Order; Form
ORC 2919.27 - Violating Protection Order or Consent Agreement
ORC 2935.03 - Officer's Authority to arrest without warrant; pursuit outside
jurisdiction
ORC 2935.032 - Policies and procedures for responding to alleged Domestic
Violence offense or violation of protection order
ORC 3113.31 - Definitions; jurisdiction; petition; hearing; protection orders;
consent agreements
USC Title XVIII, Part 1, Chapter 110A, Section 2261 - Interstate Domestic
Violence
USC Title XVIII, Part 1, Chapter 110A, Section 2262 - Interstate Violation of
Protection Order
USC Title XVIII, Section 922 - Prohibition Against Disposal of Firearms to, or
Receipt of Firearms by, Persons Who Have
Committed Domestic Abuse
Definitions:
Mandatory Arrest: Mandatory arrest is an immediate arrest based on probable
cause that the offense of domestic violence has occurred and is supported by
some evidence indicating the suspect committed the offense.
Probable Cause: Probable cause exists when facts and circumstances within
the officer's knowledge, and of which he has reasonably trustworthy information,
are sufficient to warrant a person of reasonable caution to believe the offense
has been or is being committed, and the accused is or has committed the
offense. Completion of the Victim's Statement section of the Form 655R, Victim
Assistance/Citizen Referral, by the victim is probable cause pursuant to Ohio
Revised Code (ORC) 2935.03(B).
Purpose:
Provide officers with the knowledge to effectively respond to and investigate
incidents of domestic violence.
Rev. 12/30/08, Replaces 10/04/05
1
12.412
Policy:
Officers will respond to the scene of reported incidents of domestic violence
without delay.
Exercise extreme caution in disregarding backup officers, even if the offender is
no longer present, in the interest of officer and victim safety. Give consideration
to the potential of the offender returning to the scene while the officer is present
or immediately thereafter.
Domestic violence is a violent crime. The involvement of family members does
not lessen the use of arrest and prosecution as an effective deterrent.
Department policy regarding domestic violence is immediate arrest of the
offender when probable cause exists. The formal arrest/court process is the
most appropriate method of resolution.
Charge all appropriate cases with domestic violence, felonious assault, or
aggravated assault in incidents arising out of a domestic violence offense, and
make a mandatory arrest. If a felonious assault or aggravated assault is
committed in a domestic violence offense, charge the suspect with the
appropriate felony charge. Do not, in addition, charge the suspect with a
misdemeanor domestic violence.
Officers will complete the Protection Order Supplemental Form for any of the
following offenses in which the victim and suspect are family or household
members:
2903.01
2903.03
2903.11
2903.13
2903.21
2903.22
2905.02
2907.02
2907.05
2909.03
2911.01
2911.11
2917.01
2919.22
2921.03
Aggravated Murder
Voluntary Manslaughter
Felonious Assault
Assault
Aggravated Menacing
Menacing
Abduction
Rape
Gross Sexual Imposition
Arson
Aggravated Robbery
Aggravated Burglary
Inciting to Violence
Child Endangering
Intimidation
2921.34 Escape
2903.02 Murder
2903.04 Involuntary Manslaughter
2903.12 Aggravated Assault
2903.15 Permitting Child Abuse
2903.211 Menacing by Stalking
2905.01 Kidnapping
2905.11 Extortion
2907.03 Sexual Battery
2909.02 Aggravated Arson
2909.04 Disrupting Public Services
2911.02 Robbery
2911.12 Burglary
2917.02 Aggravated Riot
2919.25 Domestic Violence
2921.04 Intimidation of Attorney,
Victim
2923.161 Improperly Discharging Firearm
Into a Habitation/School Zone
The Protection Order Supplemental Form must accompany the Form 527, Arrest
and Investigation Report, at the time an arrested individual is admitted into the
Hamilton County Justice Center. This requirement applies to the arrest of adult
suspects only; juvenile suspects are exempt from this requirement.
Rev. 12/30/08, Replaces 10/04/05
2
12.412
Information:
Under the domestic violence law a fetus is not considered a child. If, while
investigating a domestic violence incident, the victim advises she is pregnant and
the offender is the father of her unborn child, and no other facts constitute
domestic violence, charge with the appropriate assault charge.
If, while investigating a domestic violence incident, the victim has an infant and
advises the offender is the father of the baby and they do not or have not resided
together, charge with assault and domestic violence. The domestic violence is a
valid charge under the Putative (supposed) Rule. The assault charge is filed in
the event that test results indicate the putative father is not the biological father.
If blood test results indicate the offender is not the father of the child, the
domestic violence charge will be dropped because the blood test eliminates the
relationship.
The mother of a child has sole custody if:
1.
2.
3.
The couple is not married;
There is not a court order to the contrary; and
The child was born on or after 1/1/98.
If the child was born before 1/1/98 both parents are deemed to have equal rights
to the child. Officers shall use discretion and good faith when considering the
best interest of the child when confronted with this situation.
Procedure:
A.
Initial Response
1.
B.
When Police Communications Section (PCS) receives a report of a
domestic violence situation they will dispatch one two-person unit or
two single person units and necessary emergency medical aid.
On Scene Investigation
1.
2.
Upon arrival, responding officers will separate the involved parties.
Separation is the most efficient method of gathering the necessary
details of the incident as well as protecting all parties from injury when
the offender(s) and victim(s) are identified.
a.
Determine the nature of injuries to any parties, and request the
assistance of emergency medical services, if necessary.
b.
Give primary consideration to the safety of all parties involved
and the immediate cessation of any further violence.
Make every attempt to obtain positive identification, a description,
destination, and means and direction of travel if the offender is not
present upon arrival.
a.
In an attempt to apprehend the offender, this information must
be relayed to officers in the area as soon as possible.
Rev. 12/30/08, Replaces 10/04/05
3
12.412
3.
If probable cause exists and an arrest cannot be made because of the
offender's absence, the officers will promptly seek a warrant for the
arrest of the person.
a.
A Form 655R, Victim Assistance/Citizen Referral, will be issued
to the complainant for the immediate filing of an affidavit and
warrant against the offender.
1)
4.
The officer will ensure the complainant completes the
Domestic Violence Victim's Statement on the Form 655R
and will attach it to the Form 301, Cincinnati Police
Department Incident Report.
a)
Document on the Form 301 if the complainant refuses
to complete the Form 655R.
b)
Transport complainant to sign charges.
c)
Recommend the victim sign a Temporary Protection
Order (TPO) when signing the domestic violence
charge.
b.
If the complainant is physically unable or is unwilling to file
charges, the officer will sign an affidavit and warrant for the
arrest of the offender.
c.
Have the complainant fill out the top two sections of the
Protection Order Supplemental Form. If the complainant is
unable or unwilling to fill out the form, the officer will assist in
completing the form with the information available.
1)
The officer will complete the “Law Enforcement Response
Section” on the bottom of the page.
2)
The completed Protection Order Supplement must
accompany the Form 527 when submitted during the intake
procedure.
3)
If there is not an immediate arrest, fill out the Protection
Order Supplemental Form when signing any applicable
warrants(s) and leave the form with the Hamilton County
Clerk’s Office.
Make every attempt to identify the primary physical aggressor in the
incident. Consider the following elements in this identification:
a.
The history of domestic violence or any other violent acts
committed by all parties in the incident.
b.
Whether the violence was committed in the act of self-defense.
c.
Each participant's reasonable fear of the other person based on
the person's history of any threatened or committed acts of
violence.
Rev. 12/30/08, Replaces 10/04/05
4
12.412
d.
5.
The comparative severity of any injuries sustained by the
individuals involved in the incident.
Base probable cause for arrest of the primary physical aggressor on
the following elements:
a.
The victim, or the parent of a child victim, completes a written
allegation against the offender.
b.
In the absence of a written statement, any personal knowledge
and observation of the incident by the officer.
c.
Any other information, including but not limited to, reasonable
trustworthy information given by the alleged victim or any
witness to the incident.
6.
Make a mandatory arrest if the offender is identified, present, or
immediately available for arrest.
7.
The preferred course of action is to arrest and detain the primary
physical aggressor until a warrant can be obtained once probable
cause has been established.
a.
The preferred course of action (arrest) does not apply to
incidents in which the primary physical aggressor cannot be
identified.
1)
8.
Conduct the investigation and arrest the accused for the offense of
felonious assault if the investigation determines serious physical harm
has occurred to a victim, or physical harm has been attempted (or
caused) by means of a deadly weapon or dangerous ordinance in a
domestic violence offense.
a.
When the individual committing the felonious assault is not the
primary physical aggressor, arrest and charge with the
appropriate state section.
1)
9.
Possible course of action would be to arrest both parties
for domestic violence if the investigation warrants dual
arrest.
Arrest and charge the primary physical aggressor with
Domestic Violence - ORC Section 2919.25.
Conduct the investigation and arrest the accused for the offense of
aggravated assault if the investigation determines that a felonious
assault was committed by the offender during a "fit of passion or rage
brought about by serious provocation of the victim”.
a.
When the individual committing the aggravated assault is not the
primary physical aggressor, arrest and charge with the
appropriate state section.
Rev. 12/30/08, Replaces 10/04/05
5
12.412
1)
10.
Arrest and charge the individual in the domestic violence
offense who is the primary physical aggressor with ORC
Section 2919.25 - Domestic Violence.
If investigation determines both parties committed either aggravated
assault or felonious assault, the primary physical aggressor, if
identified, is subject to the "preferred course of action" provision and
will be physically arrested until a warrant can be obtained. The other
party will also be arrested and charged with the appropriate violation.
a.
Arrest both individuals when both individuals committed either
aggravated assault or felonious assault and the primary physical
aggressor cannot be identified.
11.
Notify the Criminal Investigation Section (CIS) if death appears
imminent to the victim of a domestic violence offense.
12.
Seize any deadly weapons materially involved by threat, display, use,
or attempted usage in domestic violence violations as contraband
and/or evidence.
13.
Do not demand or otherwise require the victim's specific consent or a
signed allegation (written statement) as a prerequisite to arresting
and/or charging an alleged offender with the offense of domestic
violence when probable cause exists.
14.
The arresting officer will sign the appropriate affidavits and complaints
for all charges when the complainant is medically unable or refuses to
cooperate with the investigation and there is probable cause a
domestic violence offense occurred. The arresting officer will sign all
felony charges arising from a domestic violence offense.
a.
Charge as a felony if there is a prior conviction for domestic
violence and the current offense does not constitute a threat.
1)
b.
Charge as a misdemeanor if a prior domestic violence conviction
exists and the current domestic violence offense is a threat
against the victim.
c.
The arresting officer will sign a TPO request when filing
domestic violence, felonious assault, or aggravated assault
charges.
1)
d.
15.
Confirm the conviction with the Clerk's Office before
signing the felony charge.
Officers signing a TPO request will not appear at
arraignment.
Complete a detailed Form 527A, Case and Bond Information
Sheet, to assist the judge in setting bond and TPO terms.
Report on a Form 301 every incident of Domestic Violence - ORC
Section 2919.25.
Rev. 12/30/08, Replaces 10/04/05
6
12.412
a.
List the offense and section number followed by (F) for felony or
(M) for misdemeanor based on what degree of offense the
suspect is charged with.
Example: Domestic Violence 2919.25 (F) when offense constitutes a
felony as a result of prior convictions for DV or other applicable ORC
violations, or Domestic Violence 2919.25 (M) when offense
constitutes a misdemeanor for this violation.
b.
Make one Form 301 for domestic violence if an offender
commits an offense of DV and a TPO/Civil Protection Order
(CPO) violation offense at the same time.
1)
c.
List the facts of the TPO/CPO violation in the “Narrative"
section of the Form 301.
Report incidents of felonious assault and aggravated assault
that occur during a domestic violence offense on a Form 301.
Do not make an additional Form 301 for domestic violence.
1)
List the offense section number followed by (DV) for
domestic violence in the "Offense" section of the Form 301.
EXAMPLE:
d.
16.
Felonious Assault 2903.11 (DV) or Aggravated
Assault 2903.12 (DV)
Check "Yes" in the "Hate/Bias" block, and write "88" in the
"Explain: Anti:" block on the Form 301.
Complete a Form 311DV, Cincinnati Police Department Confidential
Investigative Notes - Domestic Violence, for all DV offenses, violations
of TPO/CPO, and felonious assault or aggravated assault offenses
arising from domestic violence, in addition to the required portions of
the Form 301. Obtain the following information from the separated
parties involved and available witnesses:
a.
Detailed statement of the reporting officer's observation of the
victim, offender, and the scene.
b.
Listing of visible injuries to the victim and offender.
c.
Identification of any weapons found at the scene.
1)
Detailed description of any deadly weapons seized or
materially involved in the reported incident.
d.
Actions of the victim and offender in the officer's presence.
e.
Verbal and/or written statements of the victim/complainant.
f.
Verbal and/or written statements of the offender.
g.
Explanation why no arrest was affected.
Rev. 12/30/08, Replaces 10/04/05
7
12.412
1)
This explanation may not refer to the availability of cell
space at the Hamilton County Justice Center or Hamilton
County Juvenile Court Youth Center. Such availability is
not to be considered in determining the arrest of the
alleged offender and is prohibited pursuant to ORC Section
2935.03 (3) (f).
h.
Detailed listing of similar prior incidents, calls for assistance, and
respective dispositions.
i.
Final disposition of warrant filing, i.e., "complaint/warrant filed by
reporting officer".
17.
Use a camera to photograph visible injuries as soon as possible for
inclusion with the Form 311DV and submit as evidence.
18.
Provide the victim the following information:
a.
Ohio Attorney General's "Your Rights and Responsibilities as a
Crime Victim" booklet.
b.
Crisis Service Agency phone numbers.
c.
Telephone numbers of the Prosecutors' Offices and Police
Department.
d.
Information regarding the availability of a TPO or CPO.
e.
Reporting officer's name, badge number, and phone number.
NOTE:
19.
20.
Items b., c., and d. listed above are placed on the
inside cover page of the Ohio Attorney General's
booklet.
Advise victims they must appear at the criminal arraignment on the
next court day regardless of who requested the TPO.
a.
Felony and misdemeanor charges are arraigned at 0900 hours
in Room A of the Hamilton County Justice Center (HCJC).
b.
Advise the complainant to check with the Clerk of Courts Office,
Room 113, HCJC, if there is doubt about the location of the
arraignment.
Provide assistance to the victim and/or children in obtaining
transportation to a safe location when necessary.
a.
Use private or public transportation if possible.
b.
c.
Officers may provide transportation if other means are not
available to the victim.
Obtain Fire Department transportation to the hospital for injuries.
d.
Call the Alice Paul Shelter before transporting to their location.
Rev. 12/30/08, Replaces 10/04/05
8
12.412
21.
C.
If the elements of domestic violence are not present, refer the
complainant to:
a.
Hamilton County Domestic Relations Court, Room 346,
800 Broadway.
b.
Rape Crisis and Abuse Center of Hamilton County.
c.
Talbert House Victim Service Center.
d.
Alice Paul House.
e.
Police Clergy Team (available through Hamilton County
Communications).
Case Preparation
1.
Complete a Domestic Violence Jacket for each domestic violence
incident. For all Felony Domestic Violence cases, complete a Form
527E, Case Investigation Jacket, and log it into the Form 527E
logbook. The jacket will include:
a.
A copy of the Form 301 and all applicable supplements.
b.
A copy of the Form 311DV.
c.
A copy of the Form 527, if applicable.
d.
A copy of the TPO/CPO, if applicable.
e.
A copy of the Protection Order Supplemental Form.
f.
Photographs related to the incident.
1)
g.
Audio tape copies of any 911 calls to PCS, if applicable.
h.
The original Form 527B for felony offenses.
1)
i.
2.
Take a minimum of one full frontal photograph of the victim
and one of each reported injury and/or area affected.
Immediately fax the Form 527B to the Hamilton County
Grand Jury. Include the fax transmittal report in the
Domestic Violence Jacket.
Copies of any related reports.
A supervisor will review each Domestic Violence Jacket for
completeness and accuracy.
Rev. 12/30/08, Replaces 10/04/05
9
12.412
D.
Follow-Up Investigation
1.
Assign all reported cases of domestic violence, felonious assault and
aggravated assault arising from a domestic violence offense, and
violation of protection order or consent agreement for follow-up
investigation.
a.
Assign these offenses for a follow-up investigation even when an
arrest is made at the scene by the reporting officer.
b.
District commanders will determine the assignment of reported
misdemeanor and felony domestic violence and TPO/CPO
offenses.
c.
Assign reported cases of felonious assault, aggravated assault,
and abduction arising from a domestic violence offense per
Procedure 12.400, Offense Reporting, Miscellaneous Reporting,
for follow-up investigation by a district investigator.
1)
2.
The follow-up investigator will ensure the following tasks are
accomplished:
a.
E.
Felonious assault and aggravated assault cases arising
from a domestic violence offense in which the victim is
hospitalized and death appears imminent will be
investigated by CIS, per Procedure 12.400.
Recontact the victim within 48 to 72 hours to obtain the following
information:
1)
Any information the victim might be able to add.
2)
Additional photographs of injuries sustained in the incident,
when applicable.
b.
Provide the victim with the investigator's name, badge number,
and business phone number.
c.
Obtain audio tape copies of 911 calls from PCS, if applicable.
d.
Obtain medical records of suspect, if applicable.
Providing Information of Reported Domestic Violence Offenses
1.
Each day, district collators will forward the following information on
reported domestic violence and violation of protection order offenses:
a.
To the City Prosecutor's Office, hand carry a copy of all Forms
301 and 311DV reported misdemeanor domestic violence and
misdemeanor violation of protection order offenses made with
an adult suspect even if no arrest was made at time of report.
All reports must be delivered before 0800 hours each court day.
Rev. 12/30/08, Replaces 10/04/05
10
12.412
2.
F.
b.
Fax to the Hamilton County Prosecutor's Office, Juvenile
Division, a copy of all Forms 301 and 311DV reported
misdemeanor domestic violence and misdemeanor violation of
protection order offenses made with a juvenile suspect even if
no arrest was made at time of report.
c.
Fax to the Rape Crisis and Abuse Center of Hamilton County, a
copy of all domestic violence Forms 301.
Each day, district collators will forward the following information on
reported aggravated assault, felonious assault, felony domestic
violence, and felony TPO/CPO violation offenses resulting from a
domestic violence offense:
a.
To the Hamilton County Prosecutor's Office, Municipal Division,
hand carry a copy of all Forms 301 and 311DV reported
offenses with an adult suspect even if no arrest was made at
time of report. All reports must be delivered before 0800 hours
each court day.
b.
Fax to the Hamilton County Prosecutor's Office, Juvenile
Division, a copy of all Forms 301 and 311DV reported offenses
with a juvenile suspect even if no arrest was made at time of
report.
c.
Fax to the Rape Crisis and Abuse Center of Hamilton County, a
copy of all Forms 301 listed above.
Temporary/Civil Protection Orders
1.
Reference Procedure 12.413, Enforcement of Court Orders, for
information regarding investigations of violations of a Temporary/Civil
Protection Order, ORC 2919.27. Out-of-state TPO and CPO court
orders are enforceable. Follow Procedure 12.413, Section A.
2.
TPOs may be issued in addition to any charges filed alleging domestic
violence, felonious, aggravated or simple assault, menacing by
stalking, or trespassing which involves a family or household member
as defined in the ORC.
a.
TPOs are only in effect until the disposition of the criminal
charge, the issuance of a CPO based on the same activities, or
otherwise revoked by the issuing court.
b.
Any TPO or CPO issued by a court of record of the State of Ohio
is subject to enforcement in any political jurisdiction within the
State of Ohio.
1)
TPOs and CPOs issued by a court of record within the
State of Ohio, other than Hamilton County, may be officially
registered by the complainant in Hamilton County in
accordance with ORC Section 3113.31.
Rev. 12/30/08, Replaces 10/04/05
11
12.412
a)
G.
TPOs and CPOs issued by a court of record within
the State of Ohio will be enforced regardless of
whether or not the order was registered by the
complainant in Hamilton County.
Release of Medical Records of Suspect(s) Involving an Official Criminal
Investigation, Criminal Action, or Proceeding
1.
A police officer can submit a written statement to a health care
provider that states an official criminal investigation, criminal action, or
proceeding has begun regarding a specified person to obtain
information regarding the presence of alcohol, drug of abuse, or both
in the person's blood, breath, or urine. This requires the provider to
supply to the officer copies of any records the provider possesses that
pertain to any test or the results of any test administered to the
specified person to determine the presence or concentration of
alcohol, a drug of abuse, or both in the person's blood, breath, or
urine at any time relevant to the criminal offense in question.
a.
2.
A Form 604, Cincinnati Police Department Request for Release
of Records, will be filled out by the officer and presented to the
health care provider to obtain this type of records.
1)
The officer will keep the white copy for court.
2)
Give the canary copy to the health care provider.
3)
Turn the pink and gold copy into the collator to be filed.
Contact the City Prosecutor when a medical provider refuses to
comply with this request.
Rev. 12/30/08, Replaces 10/04/05
12
12.413
12.413 ENFORCEMENT OF COURT ORDERS
Reference:
Procedure 12.120 - Labor Disputes and Strikes
Procedure 12.403 - Victim of Crime Notification
Procedure 12.412 - Domestic Violence
Ohio Revised Code 1901.32 - Bailiffs
Ohio Revised Code 1923.13 - Execution; form
Ohio Revised Code 2705.031 - Contempt action for failure to pay support or
comply with visitation order
Ohio Revised Code 2903.213 - Motion for issuance of anti-stalking protection
order
Ohio Revised Code 2903.214 - Violating anti-stalking protection order
Ohio Revised Code 2919.25 - Domestic Violence
Ohio Revised Code 2919.26 - Motion for temporary protection order; form
Ohio Revised Code 2919.27 - Violating protection order or consent agreement
Ohio Revised Code 3113.31 - [Domestic Violence] Definitions; jurisdiction;
petition; hearing; orders
Ohio Revised Code 5122.11 - Judicial hospitalization; temporary detention order
United States Code Title XVIII, Section 2262 - Interstate Violation of a Protection
Order
United States Code Title XVIII, Section 922 - Prohibition Against Disposal of
Firearms to, or Receipt of Firearms
by, Persons Who Have Committed
Domestic Violence
Standards Manual - 42.2.1, 42.2.3, 82.2.1
Purpose:
Clarify the responsibility regarding enforcement of orders issued by the Hamilton
County Court of Common Pleas, the Hamilton County Municipal Court, or any
other court of record.
Effectively enforce Ohio Revised Code (ORC) 2903.214 and 2919.27, and
provide the complainant with the protection ordered by the court according to
ORC 2903.213, 2919.26, or 3113.31.
Policy:
Domestic Violence radio runs are considered high frequency, high risk events.
Officers will enforce Domestic Violence Temporary Protection Orders (TPO’s),
Anti-stalking TPO’s and Civil Protection Orders issued by a court of record in a
fair and impartial manner. If Hamilton County Municipal Court, Hamilton County
Court of Common Pleas or Hamilton County Domestic Relations Court issues
the protection order, confirm these orders with the Central Warrant Processing
Unit. If an out of county or out of state court issues the protection order, confirm
with the Clerk of Courts of the issuing jurisdiction.
If unable to confirm a protection order by above means, do not arrest for a
violation of TPO or CPO.
Rev. 01/02, Replaces 7/01
1
12.413
Information:
Generally officers do not enforce orders issued by the Court of Common Pleas,
Juvenile Court, or the Municipal Court. The enforcement of most court orders is
the responsibility of the Hamilton County Sheriff's Office.
Exceptions to this rule include Domestic Violence Temporary Protection Orders
(TPO), Anti-stalking TPOs, or Civil Protection Orders (CPO) issued by a court of
record within the state of Ohio. Out-of-state TPO and CPO court orders are also
enforceable. Take appropriate action for observed criminal violations not related
to the court order.
Procedure:
A.
Investigation of Domestic Violence, Anti-stalking, TPO, CPO Complaints
and Out-of-State TPO and CPO Court Orders:
1.
Officers shall enforce the terms of a TPO and CPO issued by any
State of Ohio or out-of-state court.
a.
Make a thorough effort to confirm the existence and terms of a
TPO and CPO.
b.
Report violations of a TPO and CPO on an Ohio Uniform
Incident Report. Complete a Cincinnati Police Preliminary
Domestic Violence Investigation Report (Form 311DV), if
applicable.
1)
c.
2.
The appropriate title for violating a TPO or CPO is Violating
Protection Order or consent agreement (ORC 2919.27).
If unable to confirm an order, do not arrest for a violation of the
TPO or CPO.
Query all suspects on the scene through the Regional Computer
Center (RCC).
a.
Use the QCH query to find in-progress information.
1)
Note the case number and confirm the existence of the
TPO or CPO, if a suspect is in process or has a conviction
for domestic violence or anti-stalking, or the complainant
states a TPO and CPO has been signed.
2)
Confirm existence and terms of a criminal TPO issued by
the Hamilton County Municipal Court or any other Ohio
court according to ORC 2903.214 or 2919.27 by one of the
following:
a)
Rev. 01/02, Replaces 7/01
Call the Hamilton County Central Warrant
Processing Unit to confirm the terms and
existence of the order.
2
12.413
b)
Call the clerk of courts office of the issuing
jurisdiction to confirm the existence and terms of
the criminal TPO issued by an out-of-county
Ohio court.
1]
c)
3.
4.
Police Communications Section (PCS) has a
copy of the State of Ohio, Clerk of Courts phone
directory.
a]
PCS will not make phone calls.
b]
Phone numbers of out-of-county clerk
offices are also available by calling the
Hamilton County Clerk's Office.
Include the clerk's phone number, name of person
confirming, court case number, date of issue of the
order, and name of the issuing court on the Cincinnati
Police Department Arrest and Investigation Report
(Form 527).
Confirm a civil CPO issued by the Hamilton County Domestic
Relations Court or any other Ohio Domestic Relations Court,
according to ORC 3113.31 (Domestic Violence), by one of the
following:
a.
Call the Hamilton County Central Warrant Processing Unit to
confirm the terms and existence of the order.
b.
Call the clerk of courts office in the issuing jurisdiction for an
Ohio out-of-county court order. Confirm the existence and terms
of the CPO.
When probable cause exists, immediately arrest defendants in
violation of a TPO or CPO.
a.
The officer will sign the criminal complaint.
1)
The charge for violating the terms of a TPO or CPO is
"Violating Protection Order or consent agreement," ORC
2919.27.
a)
2)
The defendant must have acted recklessly in
disregarding the order to constitute a violation.
A first offense for this charge is a first-degree
misdemeanor. Refer to ORC 2919.27 (subsection B) for
offenders with previous convictions and other stipulations
which upgrade the penalty.
a)
Rev. 01/02, Replaces 7/01
Confirm prior convictions with the Clerk's Office
before charging as a first degree misdemeanor or fifth
degree felony.
3
12.413
5.
Sign a warrant for ORC 2919.27 if the suspect leaves the scene
before the police arrive, probable cause exists the suspect violated a
TPO, CPO, or TRO, and the suspect cannot be immediately located.
6.
Out-of-state TPO and CPO court orders are enforceable.
a.
B.
Follow above procedure for in state TPO and CPO violations.
Injunctions/Restraining Orders:
1.
2.
Generally, officers have no legal duty to enforce civil injunctions
except for those listed in Section A of this procedure.
a.
Parties to these disputes should address violations to the court
issuing the injunction or restraining order.
b.
If the injunction/restraining order is due to a labor dispute/strike,
refer to Procedure 12.120.
Officers should read injunctions/restraining orders carefully and take
appropriate action for matters clearly criminal in nature.
a.
Contact the City Solicitor's Office if you are unsure if a criminal
offense is involved.
1)
C.
Temporary Detention Orders - Probate Court, Issued According to ORC
5122.11:
1.
A court can issue an order directing a police officer to take a mentally
ill person to a hospital. The order may designate a specific hospital.
a.
2.
D.
If other than normal business hours, PCS will recall a
solicitor.
Use University Hospital when the order does not designate
another hospital.
Officers have the legal obligation and authority to enforce the terms of
these orders.
Eviction Orders Issued According to ORC 1923.13:
1.
Officers have no authority to enforce eviction orders.
a.
The sheriff, bailiff, or constable of the court serves eviction
orders.
b.
The terms of a TPO or CPO may include an order for the
defendant to vacate the household. This is the exception to the
above rule. Officers will enforce these terms of a TPO or CPO
order. Officers will not remove property from any household.
Rev. 01/02, Replaces 7/01
4
12.413
c.
2.
E.
If a bailiff calls officers to the scene of an eviction, provide necessary
assistance.
a.
Officers are ex officio bailiffs of the Hamilton County Municipal
Court according to ORC 1901.32.
b.
A supervisor will respond to the scene when a bailiff's request is
to provide more than personal security, or is unreasonable.
c.
Document the incident on a Form 17 if there are questions
regarding the frequency or reasonableness of a bailiff's request.
Emergency Juvenile Court Orders
1.
These orders are enforced by the Hamilton County Sheriff’s Office. If
requested, officers will respond and provide a uniform police presence
during the enforcement of the order.
a.
F.
If the defendant refuses to leave, immediately arrest for violation
of a TPO or CPO, ORC Section 2919.27. Sign a complaint for
the charge.
When an officer is present he must obtain the name of the
Deputy requesting a Cincinnati officer and enter it into the MDT
disposition field.
A Body Attachment - Issued by the Hamilton County Domestic Relations
Court According to ORC 2705.031:
1.
A body attachment is the equivalent of a capias.
a.
Officers have the authority to serve only criminal contempt
orders which are in the form of a body attachment.
1)
Body attachments are in the computer system and
available by running a QHW.
2)
Call the Hamilton County Central Warrant Processing Unit
to confirm the existence of the body attachment.
3)
Physically arrest and transport to the Hamilton County
Criminal Justice Center an individual with a confirmed body
attachment. Do not cite on body attachments.
Rev. 01/02, Replaces 7/01
5
12.415
12.415 REPORTING AND CLASSIFYING ASSAULT
OFFENSES
Reference:
Procedure 12.230 - Fatal Crash Investigation and Placement of Related Charges
Procedure 12.430 - Endangering Children Offenses
Ohio Revised Code 2903.08
Aggravated Vehicular Assault; Vehicular Assault
Ohio Revised Code 2903.11
Felonious Assault
Ohio Revised Code 2903.12
Aggravated Assault
Ohio Revised Code 2903.13
Assault
Ohio Revised Code 2903.14
Negligent Assault
Ohio Revised Code 2935.01
Definitions
Ohio Uniform Incident Report Training Manual
Definition:
Incident reports are: Form 301, Incident Report; Form 301VVS, Victim/Vehicle
Supplement; Form 301PS, Property Supplement; Form 301AS, Arrest
Supplement; Form 303, Motor Vehicle Incident Report; and Form 304, Missing
Report.
Purpose:
Guide and instruct police personnel in the investigation and reporting of assault
offenses.
Provide data necessary for conversion of Ohio Revised Code (ORC) Statutory
Reporting to the 301, Incident Report.
Policy:
Officers will conduct a preliminary investigation when called to the scene of an
incident. They will record all facts and actions fairly and impartially. They will
provide the requested police service and complete an accurate and thorough
report. Reports for serious offenses will be submitted immediately. All other
offense reports will be submitted before the completion of their shift.
Procedure:
A.
Reporting Assault Offenses:
1.
Complete a Form 301, Incident Report, and any related supplement
for each assault incident.
a.
Title all reports with the proper State Statute: Felonious Assault,
Aggravated Assault, Negligent Assault, or Assault, followed by
the ORC section number.
1)
Traffic Section personnel are responsible for the
investigation and the related 301, Incident Report, of all
serious motor vehicle incidents where an offender could be
charged with Aggravated Vehicular Assault, or Vehicular
Assault. (See Procedure 12.230)
Rev. 9/14/04, Replaces 1/98
1
12.415
2.
2)
If the victim of the assault is under 18 years of age or a
physically or mentally handicapped person under 21 years
of age, caution must be used as it may be an Endangering
Children Offense, and should not be titled as an Assault.
(See Procedure 12.430)
3)
Details of the offense, including seriousness of the injury
and intent of the assailant, will be described in the narrative
section and victim section on the 301, Incident Report.
a)
List injuries as accurately as possible e.g., 6" cut on
neck, broken left leg; black eye; broken nose.
b)
Identify and describe the weapon used in the assault
e.g., kitchen knife with 9" blade, 2' long piece of 2" x
4" board, pocketknife with 2" blade, .32 caliber
revolver, foot.
When a police officer is assaulted, the 301, Incident Report, will be
titled using the proper state statute with the notation "Police Officer" in
parenthesis.
a.
For reporting purposes, a police officer has the same meaning
as “Peace Officer” as defined in section 2935.01 of the Ohio
Revised Code. A police officer will include a sworn law
enforcement officer of the Federal Government, a state, or one
of its political subdivisions, who is acting in his official capacity
whether on or off duty.
b.
All 301, Incident Reports for assaults on police officers will
include, in the narrative section the following information:
1)
The type of assignment the assaulted police officer was
engaged in e.g., uniform, detective, special assignment.
2)
The actual activity the officer was engaged in when the
assault occurred e.g., traffic pursuit and stop, responding
to disturbance, burglary in progress, ambush - no warning,
investigating persons under suspicious circumstances.
3)
The number of officers present when the assault occurred
e.g., assigned to two-officer car, one-officer car assisting
another car, alone at the time of the assault.
3.
The arresting officer will include the offense number (if available) and
complainant's name on all arrest records.
4.
The 301, Incident Report, voids the need for a Minor Accident/Aided
Case/Mental Health Response Report (Form 316) when the aid is
given at the time of reporting. However, the following information must
be included in the victim section of the 301, Incident Report, by fully
completing the appropriate blocks.
a.
If there is a possibility of death resulting from an assault, the
Homicide Unit will be notified as soon as possible.
Rev. 9/14/04, Replaces 1/98
2
12.417
12.417 HATE CRIMES: RESPONSE TO RACIAL, RELIGIOUS,
ETHNIC/NATIONAL ORIGIN, OR SEXUAL
ORIENTATION BIAS INCIDENTS
References:
Procedure 12.160 - Rumors/Potential Civil Disturbances
Procedure 12.170 - Civil Disturbance Operation Procedure
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
Procedure 18.120 - Release of Information and Public Records
Cincinnati Municipal Code (CMC) 908-3 Criminal Intimidation
Public Law 101-275: Hate Crime Statistics Act
Ohio Revised Code (ORC) 2927.12 (Ethnic Intimidation)
Ohio Revised Code (ORC) 2929.12 (B)(8)(Seriousness and recidivism factors)
Purpose:
To accomplish our Mission and demonstrate the commitment we have in valuing
human life and dignity by taking a proactive role in promoting peace and
harmony within the community and ensuring that the rights of all individuals are
protected.
To comply with Public Law 101-275: Hate Crime Statistics Act requirements, the
Ohio Revised Code, and State Sentencing guidelines.
To comply with the FBI’s National Incident Based Reporting System’s (NIBRS)
requirements for submitting incident-based crime reporting data.
Definition:
A Hate Crime is a committed, threatened, or attempted criminal act by any
person(s) against a person or property of another individual or group that may in
any way constitute an expression of racial, religious, ethnic/national origin,
sexual orientation, or other forms of bias.
Motivated by prejudices, hate crimes may include but are not limited to:
threatening communications, physical assaults, vandalism, cross burnings,
destruction of religious symbols, and firebombing.
The Ohio Revised Code identifies and defines the following protected classes
under the Ethnic Intimidation statute: a person or group of persons based upon
their race, color, religion, or national origin.
The Cincinnati Municipal Code identifies and defines the following protected
classes under the Criminal Intimidation section: a person or group of persons
based upon the actual or perceived race, color, religion, national origin, gender,
physical or mental disability, sexual orientation or age (60 and above).
Sexual orientation – means an individual’s actual or perceived heterosexuality,
homosexuality, bisexuality or transgendered status, by orientation or practice.
Rev. 05/13/03, Replaces 8/99
1
12.417
Transgendered – means the condition or state wherein a person manifests
gender characteristics, behavior and/or self-identification typical of or commonly
associated with persons of another gender, and which may be characterized by
assumption of the clothes, hairstyles, cosmetic usage or other appearance
qualities commonly associated with another gender and/or by the surgical or
medical modification of primary sexual organs in order to assume the gender role
of another sex.
Information:
Single criminal acts such as aggravated menacing, menacing, criminal
damaging, criminal mischief, or telecommunications harassment may initially
appear as less serious when viewed in the larger context of all crime. However,
what might begin as a minor offense may escalate into a more serious crime,
particularly if the crime was motivated by bias. Such criminal acts may generate
fear and concern among victims and the broader public, and have the potential
to escalate, possibly causing counter-violence. Therefore, if an incident appears
to be one of racial, religious, ethnic/national origin, sexual orientation, or other
forms of bias, it should be investigated as such.
Verification can be made during the investigation. Reports should be reviewed
for patterns of incidents occurring at either the same location or directed at a
particular individual or group. The motivation behind the act determines whether
an incident is bias related. Listed below are several reminders to consider in
determining if probable cause exists to believe that an incident was motivated
entirely or in part by animosity toward the victim because of his/her race, religion,
ethnic/national origin or sexual orientation:
•
Were words, symbols, or acts which are or may be offensive to an
identifiable group used by the perpetrator or are they present as evidence?
•
Are the victim and the suspected perpetrator members of different racial,
religious or ethnic groups?
•
Does a meaningful portion of the community perceive and respond to the
situation as a bias-related incident?
•
Is there an ongoing neighborhood problem that may have initiated or
contributed to the act (e.g., could the act be retribution or some conflict
between neighbors or with area juveniles)?
•
Does the perpetrator have a true understanding of the impact of the
crime/incident on the victim or other group members? Are the perpetrators
juveniles?
•
Does the crime/incident indicate possible involvement by an organized hate
group?
Rev. 05/13/03, Replaces 8/99
2
12.417
Policy:
All Hate Crimes will be treated seriously and the investigations of these crimes
will be given priority. The proper investigation of racial, religious, ethnic/national
origin, sexual orientation, or other bias crime incidents, is the responsibility of all
Cincinnati Police officers. The Department will use every necessary resource to
rapidly and decisively identify the perpetrators, arrest them and bring them
before the court.
The actions taken by the Police Department in dealing with incidents of racial,
religious, ethnic/national origin, sexual orientation, or other acts of bias, are
visible signs of its concern and commitment to the community. Special emphasis
will be placed on victim assistance and community cooperation in order to
reduce victim/community trauma or fear.
Officers must demonstrate sensitivity toward the feelings, needs and concerns
that may be present in the community as a result of incidents of this nature.
Procedure:
A.
When an on-scene officer makes a determination that an incident is a
criminal act of racial, religious, ethnic/national origin, sexual orientation, or
other form of bias, the officer will:
1.
Render necessary assistance to the victim(s) and if necessary request
the fire department in the case of fire or injury.
2.
Conduct a preliminary investigation.
3.
Identify and arrest the perpetrator(s) if possible.
a.
B.
Officer shall use the appropriate ORC charge, unless a class is
encountered that is only protected under CMC.
4.
Protect and preserve the crime scene and evidence.
5.
Notify a supervisor.
6.
Prepare a detailed offense report.
7.
Fax a copy of the offense report(s) to the Patrol Bureau, Intelligence
Unit, Public Information Office (PIO), and the Cincinnati Human
Relations Commission (CHRC).
Supervisor will:
1.
If necessary, respond immediately.
2.
Determine the seriousness of the incident and make appropriate
notifications. For serious incidents (serious physical harm or a
significant event) the supervisor shall:
a.
Notify the Officer in Charge (OIC).
Rev. 05/13/03, Replaces 8/99
3
12.417
b.
3.
Arrange for immediate increase of patrols throughout the affected
area. If necessary, have “standby” units from other districts respond to
the scene.
4.
Contact the victim(s) as soon as possible and assure them that the
investigation will be actively pursued.
5.
Complete an After Action Report detailing events and actions by
Department.
6.
Ensure a copy of the offense report(s) is faxed to the Patrol Bureau,
the Intelligence Unit, PIO, and CHRC.
a.
C.
CHRC will be the liaison with all victim/advocacy/service groups.
Police Communications Section (PCS)
1.
D.
Notify Police Communications Section (PCS). PCS will notify the
appropriate personnel listed on the Situational Occurrences
Notification List (see list below in Section C).
After being notified by an on scene supervisor of a serious Hate Crime
incident (serious physical harm or a significant event), PCS shall,
using the Situational Occurrences Notification List, notify the following:
a.
District OIC
b.
Night Chief (if applicable)
c.
Duty Officer
d.
District Commander
e.
Intelligence Unit
f.
Public Information Office (PIO)
g.
CHRC Office
h.
Federal Bureau of Investigations (FBI)
i.
COP Coordinator
Cincinnati Human Relations Commission (CHRC)
1.
Due to the seriousness, complexity and potential emotional stress
involved for the victim(s) and community targeted with a Hate Crime,
assistance from agencies and persons other than the Police and Fire
Departments may be required. Therefore, CHRC will act as an expert
liaison between the community leaders and outside agencies willing to
respond to provide needed service. Upon request CHRC shall:
a.
Respond to the scene.
Rev. 05/13/03, Replaces 8/99
4
12.417
b.
Meet with the OIC who will advise of the crimes that have
occurred, the steps taken by the police and the current tension
level within the targeted neighborhood or other areas of the city.
c.
As outlined in the CHRC internal procedure, the Executive
Director of the CHRC will coordinate with the CHRC field
representatives, who will respond as requested and contact the
incident OIC.
d.
The ranking command officer will determine what actions the
CHRC representative may take and obtain an estimated cost for
their services.
e.
The OIC will evaluate and determine the effectiveness of the
actions of the CHRC field representatives in calming the
situation.
f.
E.
If the ranking command officer believes CHRC field
representatives are no longer effective, he will notify them
to cease their activity and withdraw.
2)
The ranking command officer should base this
determination on such criteria as some overt action on the
part of the crowd, an increase in the size of the crowd, etc.
The incident OIC will request CHRC to submit a report of their
observations and assessment of the incident to the Intelligence
Unit Commander.
Media
1.
Officers will refer the media to the ranking on-scene supervisor.
a.
F.
1)
The OIC will ensure PIO is notified and informed of the
information released and progress of the investigation.
2.
After a thorough field investigation, PIO will provide factual information
to the media.
3.
PIO will respond to the scene of all serious Hate Crime incident(s) and
coordinate the release of information to the media.
Collection of Data and Reporting
1.
All Hate Crime Offenses are identified through the National Incident
Based Reporting System.
2.
All Hate Crime statistics will be reported in the Monthly Executive
Information Summary.
a.
Patrol Bureau shall provide updated Hate Crime information and
statistics to community councils and groups.
Rev. 05/13/03, Replaces 8/99
5
12.417
b.
Police Intelligence Unit shall analyze Hate Crime trends and
provide quarterly reports to the Police Chief.
Rev. 05/13/03, Replaces 8/99
6
12.420
12.420 REPORTING VEHICLE THEFTS AND RELATED
OFFENSES
Reference:
Procedure 12.270 - Impounding, Moving, and Release of Vehicles
Procedure 12.400 - Offense Reporting, Miscellaneous Reporting
National Motor Vehicle Titling Information System (NMVTIS)
Definition:
For report processing and computer entry purposes only, a vehicle is any motor
driven conveyance designed to carry its operator. In addition to ordinary motor
vehicles, this definition includes most motorized construction and farm
equipment (backhoes, harvesters, etc.) and the following:
Aircraft
All-terrain vehicles
Automobiles
Bulldozers
Buses
Campers with wheels
Cranes (motorized and self-propelled)
Golf carts (motorized)
House vehicles with wheels
Minibikes/Mopeds (bearing serial numbers)
Motor scooters (w/o pedals for human power)
Motorcycles
Motorized boats (bearing serial numbers)
Riding lawn mowers (bearing serial numbers)
Snowmobiles
Trailers
Trucks
Report any motor driven conveyance not listed, or that does not have a serial
number, on a Form 301, Incident Report.
Purpose:
To ensure proper reporting and processing of all vehicle theft/attempt theft,
license plate(s) theft/attempt theft, misplaced vehicle, and lost license plate(s)
reports.
Policy:
Officers will provide the community with courteous police service and prompt
investigation. Officers will thoroughly complete all reports, documenting all facts
and actions that occur during an incident. Officers will submit all reports prior to
the completion of their shift and submit serious offense reports immediately.
Rev. 10/02/07, Replaces 06/06/06
1
12.420
Information:
The National Motor Vehicle Titling Information System (NMVTIS) is a disclosure
and information system that links states together to prevent the titling of stolen
motor vehicles and to disclose any brands associated with a particular motor
vehicle. When a customer enters a county title office with documents to apply
for an Ohio title, the vehicle identification number (VIN) is automatically checked
against the active National Crime Information Center (NCIC) theft file. If the VIN
sends back an active theft hit the title office will not be able to issue a title to the
customer. The county title office will contact the Ohio Bureau of Motor Vehicles
(BMV) Title Section and the VIN will be queried through LEADS and the results
will be given to the title clerk. The county title clerk will inform the customer that
there is a “NMVTIS ADMINISTRATIVE HOLD” on the records and they should
contact their local law enforcement agency as a follow up. The customer will
also be told that they will have to take the paper work to the law enforcement
agency.
Procedure:
A.
Initial Investigation
1.
Department personnel receiving a report of a vehicle or license
plate(s) theft will first attempt to determine the time and place of
occurrence.
2.
Police Communications Section (PCS) will broadcast an
"unconfirmed" vehicle or license plate(s) theft if:
3.
a.
The officer believes the theft just occurred, or the suspect or
vehicle might still be in the vicinity and:
b.
The officer has the necessary preliminary information (license
plate number, type of vehicle, etc.).
The reporting officer will switch to Talk Group 16 and give the PCS
Teletype Desk the license plate information, type of vehicle, and VIN.
a.
4.
PCS will check the repossessed car file and tow sheet and
inform the reporting officer of pertinent information. Cancel the
broadcast immediately if it is not a stolen vehicle.
The officer will confirm vehicle/license plate(s) theft by determining
ownership:
a.
Request to see the vehicle title, vehicle registration, or both.
b.
If the complainant cannot prove ownership by producing the
above document(s), the reporting officer will:
1)
Initiate a search of the LEADS Vehicle/License Plate
Registration File by Query Registration (QR).
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2)
Contact the appropriate local deputy registrar for recent
vehicle registrations. New registrations may not be in the
LEADS Vehicle Registration File. Phone numbers for
registrars are in the telephone directory yellow pages under
"License Service".
3)
Ask the Teletype Desk to have the CIN1 operator send a
message to the BMV in Columbus, Ohio, for a manual
search. Do this if the reporting person gives a license plate
number, but cannot verify ownership.
4)
Have the owner contact their insurance company for VIN
and license plate information. Verify information by
checking the LEADS files.
5.
If successful in confirming ownership, notify PCS, which will broadcast
and make the computer entry.
6.
If the reporting officer cannot confirm ownership of the reported
vehicle/license plate(s) after following the steps listed above, make an
"Unconfirmed Vehicle/License Plate(s) Theft" on a Form 303, Motor
Vehicle Incident Report, and inform the reporting person.
a.
PCS will teletype and broadcast the report and carry it in an
active status for 72 hours. Do not enter the theft information into
computer files.
b.
The reporting officer will advise the complainant to exhaust all
efforts to locate a document (title, registration, VIN, or license
plate information) to prove ownership. Instruct the complainant
to contact the police immediately when they locate proof of
ownership.
c.
The reporting officer will forward all copies of the Form 303 to
the collator of the district carrying the report. The collator will
handle proper assignment and make reports available for roll call
dissemination.
1)
District collators will not assign offense numbers to
"Unconfirmed Vehicle/License Plate(s) Theft" reports.
d.
It is the responsibility of the investigative supervisor of the district
carrying the report to have an investigator contact the
complainant. The investigator's follow-up investigation will
determine the status of the report.
e.
At the end of the 72-hour period, PCS will cancel the report and
teletype unless instructions are received from the investigating
district to upgrade the report and teletype message to a "Stolen
Vehicle/License Plate(s)" report.
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7.
B.
Report attempts to commit a violation of any ORC statute that
requires a Form 303 as follows:
a.
Enter the word "Attempt" before the offense title, except in cases
of Aggravated Robbery and Robbery.
b.
Use the same ORC section number as if it were an actual,
completed offense.
c.
For reporting purposes only, never use the ORC Attempt Section
2923.02 on a Form 303.
Vehicles
1.
Reporting vehicle theft/attempt theft
a.
b.
Prepare a Form 303. After review by a supervisor, forward it to
the district where the offense occurred.
1)
Title the offense "Vehicle Theft", ORC Section 2913.02V.
2)
Make corrections or additions to any Form 303 on a
subsequent Form 303.
Form 301PS, Property Supplement
1)
All property that is readily identifiable with a serial or owner
applied number will be reported on a Form 301PS.
2)
Use a Form 301PS when the combined value is more than
$500.00.
3)
Use a Form 301PS when corrections or additions are
needed concerning property listed on a previously
completed Form 301PS.
4)
Handle property contained in, but not part of, a stolen
vehicle as follows:
a)
The spare tire, jack, lug wrench, etc., are considered
parts of the vehicle and do not require a Form 301PS.
1]
List these items and other unidentifiable
property in the "Narrative" section of the Form
303.
c.
List in detail any damage to the vehicle or missing vehicle parts
in the "Narrative" section of the Form 303.
d.
Vehicle Value
1)
The district collator will determine the vehicle value and list
it on the Form 303.
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a)
e.
Vehicles stolen as part of robbery, burglary or breaking and
entering type offenses:
1)
Complete a Form 303.
2)
The offense title on the Form 303 is the robbery, burglary
or breaking and entering type offense preceded by the
word "vehicle”. Examples are "Vehicle Aggravated
Robbery", "Vehicle Aggravated Burglary", "Vehicle
Breaking and Entering", etc.
a)
3)
2.
Use the Internet at the following sites: the Kelly Blue
Book home page at www.kbb.com or the National
Auto Dealers Association guidebook home page at
www.nadaguides.com to determine vehicle value.
The ORC section number for the Form 303 will be the
ORC defined offense (i.e., “Vehicle Aggravated
Robbery” 2911.02V, “Vehicle Aggravated Burglary”
2911.11V, “Vehicle Breaking and Entering”
2911.13V).
The Form 303, completed in these instances, will list all
offenses occurring in the incident.
Recovery
a.
Query vehicles through RCIC to obtain stolen vehicle
information.
b.
Identify the agency that originally reported the vehicle as stolen.
c.
1)
For out-of-town recoveries, request CIN1 issue a “Hit
Request Confirmation” with the originating agency prior to
requesting a Signal 38.
2)
All initial contact with the originating agencies (ORI) must
go through the CIN1 operator. Bypassing the CIN1
operator and contacting the ORI directly causes confusion
in entered vehicle status.
Stolen vehicle recoveries not released to the owner at the scene
of the recovery will be impounded. Impounded vehicle
recoveries require a Form 369, Towing Report.
1)
The yellow copy of Form 369 will be given to the
dispatched private wrecker operator.
2)
Fax the Form 369 to the Impound Unit as soon as possible.
The original white copy of the Form 369 will be mailed to
the Impound Unit using interdepartmental mail.
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12.420
3)
The pink copy of the Form 369 will be retained at the
district.
a)
4)
d.
Note on the Form 369 if the owner was notified of the
recovery.
Prepare a Form 303 and telephone the information to PCS
Teletype Desk at 263-8125.
1)
2)
3)
4)
e.
Forward a copy of the Form 369 to Records Section.
The report title will be "Vehicle Recovery". If the theft
occurred in another jurisdiction, title the report "OT Vehicle
Recovery".
a)
If vehicle parts or contents are missing, title the report
"Partial Vehicle Recovery" or "Partial OT Vehicle
Recovery".
b)
Use 2913.02VR on the Form 303.
Enter the following information in the "Narrative" section of
the Form 303:
a)
List and identify the property recovered in the vehicle
and indicate the disposition of such property.
b)
List any damage to the vehicle.
c)
List any stripped or missing vehicle parts at the time
of recovery. The district collator will determine the
value of the articles.
When calling the PCS Teletype Desk to report vehicle
recovery information, include the following:
a)
Name of person/officer who notified the owner.
b)
Time and date of the notification.
When not able to make notification, indicate this in the
"Narrative" section of the Form 303. List the date and the
time you requested notification, the police agency or
district, and the name of the officer contacted.
Notifying the owner of recovered stolen vehicle or license
plate(s)
1)
When recovering a vehicle or license plate(s) stolen in
Cincinnati, it is the responsibility of the recovering officer to
notify the owner or initiate the notification process. Make
the notification in one of the following ways:
Rev. 10/02/07, Replaces 06/06/06
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a)
By telephone. The officer may contact the police
agency where the owner lives for assistance if
necessary.
b)
By personal visit, if the owner lives or works in the
recovering district.
c)
If the owner lives or works in another district, the
recovering district will notify the residence or
employing district to make the notification.
1]
2)
3)
If there is no immediate contact with the owner,
the district involved will a make blotter entry to
ensure follow-up.
Upon receipt of a teletype regarding an out-of-town
recovery, district desk personnel will promptly notify the
auto theft investigator or Investigative Unit supervisor. If
the recovery is made after normal working hours the desk
officer will put the recovery information in the blotter.
a)
The auto theft investigator or Investigative Unit
supervisor will ensure the owner is notified in a timely
manner (no longer than 48 hours).
b)
Investigative Unit supervisors will ensure the teletype
board and blotter are reviewed on a daily basis to
verify that all notifications are complete. This review
will generally be conducted by the auto theft
investigator. If the auto theft investigator is unable,
another investigator will conduct this review.
If the owner does not live in Cincinnati or within the local
telephone rate area, the officer will request the CIN1
operator send a teletype message to the proper police
agency requesting them to notify the owner. The CIN1
operator will request notification confirmation (via return
teletype message) from the agency.
a)
The CIN1 operator will immediately make a computer
entry "Located Vehicle" (LV) into the LEADS and
NCIC Wanted Vehicle File.
b)
Officers will not bypass PCS and make initial contact
with the ORI themselves. This causes confusion in
entered vehicle status. PCS will make any required
initial notification of other agencies.
c)
The investigative supervisor from the district of the
theft will ensure the owner of the vehicle is notified,
whether the vehicle is recovered out-of-town or within
Cincinnati.
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4)
If the vehicle is not drivable at the time of recovery:
a)
Inform the owner the vehicle is not drivable. This
allows the owner to obtain the services of a private
wrecker.
1]
Provide the above information to the PCS
Teletype Desk for inclusion in out-of-town police
agency notifies, if applicable.
f.
It is the duty of an officer from the recovering district to
safeguard the vehicle and all property inside until the vehicle is
either released to the owner or impounded.
g.
Try to release the vehicle to the owner at the scene if not
needed for other reasons and if it can be done within a
reasonable time.
1)
2)
h.
If the owner or agent is unable to be contacted, or refuses
to claim the vehicle at the scene, the vehicle will be towed,
through a Signal 38 request, to a designated private
storage facility for storage and recovery by the owner or
agent.
a)
Investigations concerning recoveries will be done at
the private storage facilities within 24 hours of the
recovery.
b)
Auto recoveries will no longer be accepted at the
Impound Unit or taken to police districts for
investigation.
Indicate in the "Narrative" section of the Form 303 whether
the recovered vehicle was released to the owner or agent
at the scene, or towed.
Routing of the Form 303 on Vehicle Theft/Attempt Theft, Vehicle
Defrauding a Livery or Hostelry, Vehicle Recovery, License
Plate(s) Theft, and License Plate(s) Recovery.
1)
Original to Records Unit (following coding and computer
entry).
2)
Copy for district files.
3)
Copy for district investigative unit.
4)
Copy to Criminal Investigation Section Auto Theft
Coordinator.
5)
Copy to the district where the theft occurred if a recovery.
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3.
National Motor Vehicle Titling Information System hits
a.
When a vehicle owner responds to a district at the direction of
the BMV, the desk officer will request an officer respond to the
district to conduct the investigation.
b.
The investigating officer will query the vehicle to determine the
status.
c.
If the query indicates the vehicle is stolen, the officer will not
allow the owner to leave with the vehicle.
1)
The officer will do a hit confirmation.
2)
The officer will make an attempt to contact an auto theft
investigator to verify the status of the vehicle. If the vehicle
is an out-of-town theft, the officer will treat it as any other
out-of-town vehicle theft recovery.
a)
3)
If the query indicates there is no active theft entry, the
officer will obtain the owner’s name and contact information
and allow the owner to leave with the vehicle.
a)
C.
If no auto theft investigator is available, the officer will
conduct a preliminary investigation and tow the
vehicle to the Impound Unit for follow up.
The officer will make a blotter entry for the auto theft
investigator to contact the vehicle owner. The auto
theft investigator will follow up with the BMV to
determine the status of the vehicle or to assist in
clearing the record from the BMV files.
Unauthorized Use of a Motor Vehicle
1.
Title the offense "Unauthorized Use of a Motor Vehicle (UUMV)" ORC
Section 2913.03V.
a.
2.
PCS will not broadcast or enter unauthorized use of motor
vehicle reports into the computer system unless there is a
warrant number or authorization from a supervisor.
When sufficient information exists on a suspect but the complainant
will not prosecute, the following guidelines will apply:
a.
Complete a Form 303 and close it "Prosecution Declined".
1)
Do not issue a warrant referral.
2)
Do not telephone the report to PCS.
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3.
When sufficient information exists on a suspect and the complainant
will prosecute, the following guidelines will apply:
a.
b.
Complete a Form 303.
1)
Officers will issue the complainant a Form 655R, Cincinnati
Police Department Citizen Referral, for UUMV and advise
the complainant to contact the district desk officer with the
warrant number.
2)
Provide the desk officer with a copy of the Form 303. If the
complainant reports the warrant information, the desk
officer will call the report in to the PCS Teletype Desk for
immediate entry.
3)
If the offense occurred in a district other than the reporting
district, the officer will make the offense report and:
Mail original report and fax a copy to the district of
occurrence.
b)
Make a copy of the report for the reporting district’s
desk officer.
c)
Instruct the complainant to contact the district
responsible for the investigation with the warrant
information.
As soon as practical after 72 hours following the report, a district
investigator will determine if the complainant has:
1)
4.
a)
Signed a warrant, if issued a UUMV warrant referral.
a)
If no warrant was signed, close the case "Victim
Refused to Cooperate".
b)
Upon receiving information that an UUMV warrant
has been signed, the officer will confirm the warrant
and telephone the report and warrant number to PCS.
Mark the Form 303 indicating this was completed.
When sufficient information does not exist on a suspect but the
complainant will prosecute, the following guidelines will apply:
a.
Complete a Form 303.
1)
In the "Narrative" section, clearly state the complainant will
prosecute.
2)
Do not telephone the report in to the PCS Teletype Desk if
there is no warrant or supervisor’s approval.
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a)
3)
b.
The reporting officer may obtain a supervisor’s
approval to call the report into the PCS Teletype
Desk. PCS will not issue a teletype number without a
supervisor’s approval.
Forward the report to the district collator who assigns an
offense number and forwards it to the district investigative
unit.
The investigator will attempt to obtain sufficient information for a
warrant.
1)
If sufficient information develops for the complainant to
sign a warrant, the investigator will issue a Citizen Referral.
2)
If the complainant will not sign a warrant, the investigator
will close the case "Victim Refused to Cooperate".
a)
If no warrant is signed within 72 hours, the
investigator will close the case "Victim Refused to
Cooperate".
1]
b)
3)
5.
D.
Do not telephone the report in to PCS.
If the complainant or officer signs the warrant,
telephone the report and warrant number in to the
PCS Teletype Desk.
If insufficient information exists to sign a warrant, the
district investigative supervisor will determine whether or
not to make a computer entry.
When sufficient information does not exist on a suspect and the
complainant will not prosecute, the following guidelines will apply:
a)
Complete a Form 303 and a Form 311, Incident Closure Report,
and close it "Victim Refused to Cooperate".
b)
Do not telephone the report into PCS.
Defrauding a Livery or Hostelry
1.
If a hired or rented vehicle is not returned to the owner, the reporting
officer will issue a Citizen Referral to the owner of the vehicle.
a.
A Form 303 will be completed only after the complainant signs a
warrant.
1)
Title the offense "Vehicle Defrauding a Livery or Hostelry",
ORC Section 2913.41V.
2)
Call the PCS Teletype Desk with the information for entry.
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2.
Vehicle Defrauding a Livery or Hostelry Recovery.
a.
3.
E.
When the property involved is not a vehicle, or when violations of
ORC Section 2913.41 occur with the vehicle returned to the owner,
refer to Procedure 12.400, Section B.
Misplaced Vehicles
1.
2.
F.
Title the recovery "Vehicle Defrauding a Livery or Hostelry
Recovery". If the defrauding occurred in another jurisdiction,
add "OT" as a prefix to the title.
Complete a Form 303 titled "Misplaced Vehicle" and forward all
copies to the affected district. Do not use an ORC section number.
a.
Notify PCS who will broadcast and carry the report in an active
status for 72 hours.
b.
The district investigative supervisor is responsible for assigning
the follow-up investigation to determine the status of the
misplaced vehicle.
c.
Make one copy for dissemination at roll call.
When locating a misplaced vehicle within 72 hours, the recovering
officer will notify PCS to cancel the teletype.
License Plates
1.
Reporting License Plate(s) Theft/Attempt Theft
a.
The reporting officer will prepare a Form 303.
1)
If only one license plate is missing and evidence of theft is
present, prepare a Form 303. Note whether the theft was
of the front or rear plate.
2)
Report stolen or attempt stolen expired license plate(s) on
a Form 303.
b.
The district carrying the report assigns the offense number.
c.
The offense titles are "License Plate(s) Theft" or "Attempt
License Plate(s) Theft", ORC Section 2913.02L.
d.
Telephone all stolen valid or expired license plate(s) to the PCS
Teletype Desk for entry into the computer files.
e.
Report theft/attempt theft of license plate validation stickers on a
Form 301 using ORC Section 2913.02.
1)
The value is the original cost of the sticker.
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12.420
2.
2)
Include the sticker color and serial number in the
description for computer entry into the Property File.
3)
Query all suspected stolen stickers as "Property".
4)
The offense title will be "License Plate Validation Sticker
Theft" or "Attempt License Plate Validation Sticker Theft",
ORC Section 2913.02.
5)
Upon recovery of a stolen sticker, the officer will prepare a
Form 311. Note the recovery of the property and direct the
data entry operator to delete the sticker from the computer
Property File. Do not make a "Recovery" offense report.
Reporting Stolen License Plate(s) Recovery
a.
b.
Upon recovery of stolen license plate(s), prepare a Form 303
and telephone the information to the PCS Teletype Desk.
1)
If one license plate is still missing, the recovery is partial.
Explain in the "Narrative" section of the Form 303 which
plate (front or rear) is still missing.
2)
The report title is "License Plate(s) Recovery." Title reports
of license plates stolen in another jurisdiction "OT License
Plate(s) Recovery." Both instances use ORC Section
2913.02LR.
3)
When reporting license plate(s) recovery information to
PCS, include the name of the person/officer who notified
the owner and the time and date of the notification.
4)
When unable to make owner notification, indicate this in
the "Narrative" section of the Form 303. List the date and
time notification was requested, the police agency or
district, and the name of the officer contacted.
5)
All initial contacts with the ORI go through the CIN1
operator. Bypassing PCS and contacting the ORI directly
causes confusion in entered license plate status.
On a vehicle with recovered stolen plate(s), and a vehicle not
reported stolen which is to be impounded, complete a Form 369,
Towing Report.
1)
c.
Follow Procedure 12.270 for this type of impoundment.
The recovering officer will remove stolen license plate(s) from
the vehicle at the time of recovery unless the vehicle is to be
impounded for investigation. In this instance, the plate(s) will
remain with the vehicle, and will be removed and processed by
the investigating officer.
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NOTE:
1)
3.
Wrecker drivers are required to have tools to remove the
license plates from a vehicle.
Complete a Form 330, Property Receipt, and send the
form and plates to the Court Property Unit.
a)
Note in the "Narrative" section of the Form 303 that
the license plate(s) were sent to Court Property Unit.
b)
Advise the owner the license plate(s) can be retrieved
at the Court Property Unit.
Reporting Lost License Plate(s)
a.
b.
c.
The reporting officer will conduct a preliminary investigation to
determine if the plate(s) is lost or stolen.
1)
Absence of both plates would be a strong indication of
theft, unless other circumstances are present.
2)
If the license plate(s) is lost within the City of Cincinnati,
initiate a QR to verify ownership.
3)
Contact the Court Property Unit to determine if someone
turned in the license plate(s). Contact the district of
occurrence if known.
Prepare a Form 303 titled "Property Lost" and include the
following:
1)
Name, address, and telephone number of the owner.
2)
Name of complainant, if other than the owner.
3)
License number, state of issue, and the validation sticker
number, if any (if a lost rear license plate).
4)
Date and place of occurrence, if known.
5)
Indicate if loss was one, or both license plates (indicate
front or back).
6)
Telephone the information to PCS and add the teletype
number to the Form 303.
Advise the complainant of the following information in lost
license plate(s) cases:
1)
If the owner finds the license plate(s), they should
immediately notify the police so the plate can be removed
from the current files.
2)
The owner should contact the BMV as soon as possible.
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3)
4.
a)
Passenger vehicle - Take any remaining license
plate, the registration, or the vehicle title if registration
is lost, for a new set of plates. If both license plates
are missing, take the registration and the vehicle title
in for new plates.
b)
Commercial vehicle - Take any remaining license
plate with the registration and make application for
duplicate plates. Use the issued "W.S." sticker (lost
license plate windshield sticker) on the vehicle until
the duplicate plate arrives from Columbus. If both
plates are missing, bring in the registration and title
and make application for a new set of plates.
c)
The registrar charges an issuance fee for the above
services.
Reporting Found License Plate(s)
a.
Complete a Form 303 for each instance of found license
plate(s). The reporting officer will attempt to determine the
owner's name and address and will include this information on
the form.
b.
After identifying the owner, the reporting officer will attempt to
notify the owner by telephone. Instruct owners to pick up the
plate(s) at the district before 0700 hours the next workday.
1)
G.
A deputy registrar handles reissuing of Ohio license plates.
The following information may be helpful to the vehicle
owner:
If the owner cannot pick up the plate(s) within that period,
instruct the owner to retrieve the plate(s) from the Court
Property Unit.
c.
Enter the name of the person notified and the time of notification
on the Form 303.
d.
If the officer cannot determine the name of the owner after
exhausting all investigative means, forward the plate(s) to the
Court Property Unit. Attach a copy of the Form 303 explaining
the methods used to determine owner identification.
Closure of Vehicle/License Plate(s) Theft Offenses
1.
Cancel the computer entry when cases of vehicle and license plate
thefts are cleared "Victim Refused to Cooperate" because the
complainant will not prosecute the suspect, and the vehicle is not
recovered.
a.
The investigator assigned to the case will, with the approval of a
supervisor, contact PCS Teletype Desk to request immediate
cancellation of the computer entry.
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2.
Close cases as a “partial recovery” unless recovery includes the
vehicle, both license plates (if two are issued), all parts of the vehicle,
and all property listed on the Form 303.
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12.425
12.425 REPORTING AND CLASSIFYING BREAKING AND
ENTERING OFFENSES
Reference:
Standards Manual - 42.2.1, 82.2.1
Purpose:
Establish uniform policy for classifying Breaking and Entering type offenses.
Procedure:
A.
Reporting Statutory Offenses:
1.
The following Ohio Revised Code (ORC) statutory offenses will be
reported on an Ohio Uniform Incident Report:
Aggravated Burglary ORC 2911.11
Burglary ORC 2911.12
Breaking and Entering ORC 2911.13
Attempts of any of the above
2.
If the elements of a specific ORC statutory crime are present, the
offense report will be titled under that specific section.
3.
A trespass is one of the elements necessary to establish Aggravated
Burglary, Burglary, or Breaking and Entering.
a.
A trespass in a structure can occur even in public places, such
as a government building or a department store.
Example: A customer enters an area where he is not permitted
access, such as a room marked "Employees Only," or knowingly goes
from a public office into the private office area.
b.
The following incidents will be reported as theft offenses rather
than Breaking and Entering offenses:
1)
Suspect reaches over the bar or counter (restricted area)
and steals some object of value.
2)
Suspect walks behind the counter or display case in a store
(restricted area) and steals an object of value.
a)
Rev. 1/97, Replaces 3/86
If a subject's purpose is to commit a theft offense or
any felony while trespassing in a structure, he has
committed one of the Breaking and Entering offenses.
1
12.425
b)
4.
Purpose to commit a theft offense is obviously
present when an item is taken. Evidence of this
purpose must be presumed when certain facts are
present: cash register pried open, petty cash box
broken into (even though nothing of value was
contained therein), property is moved to exit door, etc.
If a subject trespasses on the land or premises (not a structure) of
another with the purpose to commit a felony, he has committed a
Breaking and Entering (ORC 2911.13 (B)). Should his purpose be to
commit a crime other than a felony, it should be reported as the crime
committed and not a Breaking and Entering offense.
a.
Trespass on the lands or premises of another occurs when the
subject knowingly enters an area that he does not have the
privilege to enter.
1)
b.
a)
The land or premises is posted sufficiently to give
adequate notice that entry is restricted.
b)
Subject is advised by a person with authority to
depart, and he refuses to do so.
c)
The area is enclosed with the primary purposes of
keeping trespassers out and that purpose is apparent
to an ordinary person; and entry is made to the area
without privilege to do so (chain link or other type
fence topped with barbed wire, chain link or other
type fence 8’ high as opposed to 4’ high).
If the area involved is a common area used by joint tenants:
basement/laundry room of multi-dwelling, or a private garage
serving several business places, a trespass will not be
considered present unless it can be substantiated by a witness
who observed an unauthorized person trespassing, or evidence
of forcible entry into the common area is present.
1)
c.
For the purpose of reporting Breaking and Entering
offenses, a trespass on the lands or premises of another
will be presumed if:
If a storage room or storage bin is connected to the
common area but is separately secured and assigned for
the specific use of a particular occupant, an unprivileged
entry will not be considered a trespass; therefore
considered a theft.
When an offense occurs in a structure, evidence of forcible entry
is not present, and a suspect or suspects exist who have
legitimate access to the area, it will be treated as if a trespass
has not occurred. These facts must be included on the offense
report.
Rev. 1/97, Replaces 3/86
2
12.425
d.
An unprivileged entry into a vacant structure, a vacant structure
being renovated, a detached garage, even though not locked or
secured, or with closed doors or closed windows, will be treated
as if a trespass has occurred.
5.
When a definite hour of commission of the offense is unknown, be
specific when reporting time interval of occurrence.
6.
If further investigation establishes a definite hour of occurrence, a
correction to the Ohio Uniform Incident Report will be prepared, using
the original offense number.
Rev. 1/97, Replaces 3/86
3
12.430
12.430 ENDANGERING CHILDREN OFFENSES
Reference:
Ohio Revised Code Section 2919.22 - Endangering Children
Ohio Revised Code Section 2151.421 - Official Report of Abuse or Neglect;
Investigations; Disposition
Standards Manual - 13.1.5, 42.2.1, 82.2.1
Information:
In all cases of Endangering Children, the Hamilton County Department of Human
Services Emergency Protective Service (241-KIDS) has the immediate and
future responsibility for the care and protection of the children involved.
Personal Crimes Unit is responsible for all criminal investigations of Endangering
Children.
Purpose:
Guide and instruct police personnel in the investigation and reporting of
Endangering Children offenses.
Provide data necessary for conversion of statutory reporting to Uniform Crime
Reporting.
Comply with the requirements of Ohio Revised Code (ORC) Section 2151.421,
to report all cases to the Hamilton County Department of Human Services.
Procedure:
A.
Care of Children Involved:
1.
Cases where children require immediate care, protection, or
supervision, the police officer discovering the condition will
immediately telephone:
a.
241-KIDS.
1)
b.
The Personal Crimes Unit.
1)
2.
Request the immediate response of an emergency service
worker. Give exact location of the incident. An emergency
service worker will respond to calls from police 24 hours a
day.
If the Personal Crimes Unit is off duty, complete a Personal
Crimes Complaint Memorandum (Form 506).
Police officers will remain at the scene until an emergency service
worker or a Personal Crimes Unit officer arrives.
Rev. 1/97. Replaces 12/92
1
12.430
3.
a.
Emergency service workers will identify themselves by showing
a white Department of Human Services identification card
bearing the worker's photograph.
b.
Police officers will release endangered children into the custody
of 241-KIDS. The emergency service worker will assume full
responsibility for the protection and placement of children.
c.
If an emergency service worker is unable to respond
immediately, transport the children and meet the service worker
at the district.
d.
Make a blotter entry noting any moving of the children by either
241-KIDS or the police.
In all cases not requiring immediate response to provide care,
protection, or supervision for the children, the police officer will notify
241-KIDS and send a completed Form 506 to the Personal Crimes
Unit.
a.
4.
B.
The police officer will request a follow-up investigation in the
report. Explain an immediate response is not required.
In cases requiring immediate emergency medical treatment for
children, the officer will notify 241-KIDS and the Personal Crimes Unit.
If the children are transported to a hospital, include the hospital's
name with the other facts in the report.
Reporting and Classifying Endangering Children:
1.
Endangering Children - ORC Section 2919.22(A)
a.
Occurs when a parent, guardian, custodian, person having
custody or control, or the person in loco parentis of a child under
18 years of age, or a mentally or physically handicapped child
under 21 years of age creates a substantial risk to the health or
safety of such child by violating a duty of care, protection, or
support.
Examples:
1)
A parent leaves the apartment and goes out drinking,
leaving a two year old child alone.
2)
A parent refuses to prepare food for his children, who
suffer malnutrition as a result.
b.
Do not complete an Ohio Uniform Incident Report for violations
of ORC Section 2919.22(A).
c.
Complete a Form 506 in all cases involving actual or suspected
violations of ORC Section 2919.22(A).
Rev. 1/97. Replaces 12/92
2
12.430
2.
1)
Give the report to the Personal Crimes Unit officer
responding to the scene, or send the report to the Personal
Crimes Unit office.
2)
The Form 506 must contain the following information:
a)
The reporting person is the person who makes the
complaint. It is not necessarily a parent. Make a
Form 506 for each incident.
b)
Nature of complaint will include:
1]
Notification time of 241-KIDS.
2]
The name and arrival time of the 241-KIDS
worker, if there was an immediate response
requested.
3]
The name of the Personal Crimes Unit officer
who responded to the scene.
4]
Disposition of the children when the police
officer left the scene (i.e., left with worker, left
with relative, parent, etc.).
Endangering Children - ORC Section 2919.22(B)
a.
Occurs when any person does any of the following to a child
under 18 years of age or a mentally or physically handicapped
person under 21 years of age:
1)
Tortures or cruelly abuses a child.
Examples:
2)
a)
A person takes a cigar and burns a victim several
times with it.
b)
A person places the victim's hand in scalding water.
Disciplines the victim in such a manner as to create a
substantial risk of serious physical harm.
Examples:
3)
a)
Whipping the victim with a heavy electrical cord or
heavy stick.
b)
Punching the victim with fists, kicking, or pushing him
down a flight of stairs.
Repeatedly administers unwarranted discipline, and there
is a substantial risk such conduct will seriously impair or
retard the victim's mental health or development.
Rev. 1/97. Replaces 12/92
3
12.430
Examples:
b.
a)
Repeatedly locking a victim in a closet.
b)
Repeatedly tying a victim to a bed because of low
school grades.
c)
Repeatedly spanking a victim for bed wetting.
Normally, a person administering discipline must have legal
authority to do so, such as a parent, guardian, custodian, etc. If
legal authority is not present, an offense may not have occurred
under ORC Section 2919.22(B). However, some other type of
assault offense may exist: i.e., Felonious Assault, Domestic
Violence.
1)
If the facts warrant an offense report other than
Endangering Children, make the proper report. However, if
protection for the child is necessary, follow Sections A.2.
through A.5. of this procedure.
c.
In all cases involving actual or suspected violations of ORC
Section 2919.22(B), the police officer discovering the condition
will notify both 241-KIDS and the Personal Crimes Unit, as
detailed in Sections A.2. through A.5.
d.
Complete an Ohio Uniform Incident Report on each child for all
violations of ORC Section 2919.22(B).
e.
1)
Make an additional copy of the Ohio Uniform Incident
Report and send it to the Personal Crimes Unit.
2)
Complete an Incident Report Supplement (Form 311I) and
include the following information:
a)
Information identifying the parents.
b)
Notification time of 241-KIDS.
c)
The name of the 241-KIDS worker and arrival time at
the scene, if immediate response was requested.
d)
Name of Personal Crimes Unit officer who responded
to the scene.
e)
The disposition of the children when the officer left
the scene (i.e., left with worker, parent, taken to
hospital, etc.).
If the responding officer is unsure or only suspects a violation of
ORC Section 2919.22(B), the officer will complete Forms 506
and 311I. Send the forms to the Personal Crimes Unit for followup investigation.
Rev. 1/97. Replaces 12/92
4
12.435
12.435 REPORTING CONDITIONS AFFECTING OTHER
DEPARTMENTS - FORM 318
Reference:
Cincinnati Municipal Code - 911.17 - Posting Bills on Streets
Cincinnati Municipal Code - Title XI - Building Control
Procedure 12.225 - Vehicular Crash Reporting
Standards Manual - 41.2.4, 61.2.2, 61.3.1, 61.4.2, 82.2.2, 82.2.3
Procedure:
A.
Damaged Roadway Property (guardrails, signs, lights, poles, etc.)
1.
Immediate action will be taken to nullify any public safety hazard,
which is created by conditions requiring cognizance or action on the
part of another City agency.
2.
Responding officer will advise district desk personnel of the damaged
property. Desk personnel will report damage to Public Works
Customer Service by phone at 591-6010.
3.
A Form 318 (Conditions Affecting Other Departments) will be made in
triplicate by the reporting officer. The form must be clear, correct, and
complete, with no abbreviations being used.
a.
4.
B.
The Form 318 will be block printed or typewritten and forwarded
by the initiating unit as follows:
1)
Fax a copy of the Form 318 to Public Works Customer
Service at 591-6027.
2)
Send original Form 318 to the Public Works Customer
Service.
3)
Send the first copy to the City Solicitor's Office.
4)
File the second copy in the district/unit files.
Departments and Divisions responsible for conditions requiring
attention are listed in the "City of Cincinnati Information Guide."
Building and Zoning Code Violations:
1.
Members of the Police Department shall report violations of the
building and zoning code to the Director of Buildings and Inspections.
a.
Any court action relative to such violation shall originate in the
Department of Buildings and Inspections, after conference with
the Prosecutor's Office.
Rev. 2/00, Replaces 4/99
1
12.435
2.
Police Department personnel shall cooperate to the extent of
reporting violations on a Form 318, and assisting with the service of
warrants after they are secured by the Department of Buildings and
Inspections.
a.
C.
The Department of Buildings and Inspections is charged with the
responsibility of enforcing all the provisions of the building and
zoning code. The inspector of Buildings and Inspections shall
obtain warrants for violations, whenever necessary.
Processing Illegally Posted Signs, or Other Material:
1.
When police personnel find signs posted in violation of Section
911.17 of the Cincinnati Municipal Code, they shall remove such
signs, if possible, and take them to their district station.
a.
2.
The signs shall be retained for 24 hours at the district, and then
destroyed.
When police personnel find large numbers of illegally posted signs or
signs posted in such a manner that they cannot be easily removed,
they shall:
a.
Notify, by telephone, the Highway Maintenance Field Inspection
Unit.
b.
Complete a Form 318, supplying the necessary information.
1)
More than one location may be listed on the Form 318.
3.
The Highway Maintenance Field Inspection Unit will follow-up and
make the necessary notifications relative to ceasing the unlawful
posting of such signs.
4.
The Department of Buildings and Inspections supervises and controls
the placement of signs on private property.
a.
They issue permits in appropriate cases for the placement of
such signs.
b.
When police personnel receive complaints regarding signs on
private property, they shall:
1)
Notify the permit supervisor of the Department of Buildings
and Inspections by telephone. The permit supervisor will
follow up and take any necessary action.
2)
Complete a Form 318, supplying the necessary
information.
Rev. 2/00, Replaces 4/99
2
12.435
D.
Vehicular Crash Investigations:
1.
Reporting officers will record the related OH-1 Crash Report number
on the Form 318.
2.
Reporting officers will report any damage to guardrails, lights, poles,
signs, etc. per Procedure 12.225.
3.
District/unit collators upon receiving the OH-1 and Form 318 in
triplicate will:
a.
Fax a copy of the Form 318 to Public Works Customer Service
at 591-6027.
b.
Send original Form 318 to the Public Works Customer Service.
c.
Send the first copy to the City Solicitor's Office.
d.
File the second copy in the district/unit files.
Rev. 2/00, Replaces 4/99
3
12.440
12.440 CHIEF'S OFFICE MEMORANDUM
Purpose:
Establish a method for documenting correspondence, telephone and personal
complaints, and similar requests.
Procedure:
A.
B.
C.
D.
A Chief's Office memorandum (pink) is logged in a computerized ledger
book using the following numbers:
1.
1 - 1999 - Chief's correspondence
2.
2000 - 4000 - Council, Mayor, City Manager, and Safety Director's
correspondence
A numbered Chief's memo is stapled to the correspondence sent to the
district/section/unit.
1.
Do not write or type on the correspondence itself.
2.
Return the Chief's memo, original correspondence, and the
district/section/unit's report to the Chief's Office.
Due Dates for Chief's Memos:
1.
Chief's Office correspondence - 10 days
2.
Safety Director's correspondence - 10 days
3.
Chief's Office and Safety Director correspondence marked "Expedite"
- within 3 days
Bureau commanders are responsible for the timely return of a Chief's
memo. They will notify a district/section/unit failing to respond by the due
date.
1.
District/section/unit commanders will request an extension on a
Chief's memo through their bureau commander.
a.
Chief's memos not answered by the extension date deadline are
placed on a delinquent list for further action.
Rev. 7/93, Replaces 1/80
1
12.505
12.505 MILITARY A.W.O.L. ARRESTS
Reference:
Standards Manual - 61.1.3
Policy:
No reward claims will be made by individual Cincinnati police officers for the
apprehension of military absentees.
Reward money will be sent to police Fiscal and Budget Section and deposited
into the general fund.
Procedure:
A.
Arrests
1.
An arrest will be initiated only after NCIC verification of the
AWOL/Deserter status on the suspect.
a.
2.
The arresting officer will complete the Arrest and Investigation Report,
Form 527.
a.
3.
4.
RCIC Query will be made for any local wants.
Indicate in the "Employer/Address" block the branch, unit and
station from which the suspect is missing.
The arrested will be processed through the Hamilton County Justice
Center, Central Intake.
a.
If other local charges or wants exist, indicate on the Arrest Form
527, "Hold for Hamilton County: AWOL", in the Facts of Arrest
area.
b.
If no additional warrants exist and the individual is not being
charged with another offense, the arrested will be transported
directly to the Hamilton County Justice Center, Central Intake,
along with the AWOL printout and Arrest Form 527.
Central Records Management Section will forward a copy of Arrest
Form 527 to Fiscal and Budget Section through interdepartmental
mail.
a.
Fiscal and Budget Section will complete Form 3179 (Federal)
and then forward the copy of the Arrest Form 527 to the
arresting officer's unit to be filed.
Rev. 6/86, Replaces 4/85
1
12.512
12.512 DIGNITARY PROTECTION AND ESCORT DETAILS
Reference:
Standards Manual 46.1.10
Purpose:
Provide criteria for the authorization of dignitary protection and escort details.
Establish responsibility for the review of requests for dignitary protection and
escort details and ensure uniformity in authorizing details.
Information:
Dignitary protection is the responsibility of the Investigations Bureau Commander
and is coordinated by the Criminal Investigation Section (CIS) Commander.
The Police Chief designates the CIS Commander as the Police Department's
VIP Security Officer.
Procedure:
A.
B.
Dignitary Protection:
1.
Direct requests for dignitary protection to the Investigations Bureau
Commander.
2.
The CIS Commander will determine the type and scope of police
service to provide.
3.
Dignitary protection details will be provided for foreign and domestic
governmental officials whose position entitles them to temporary or
full time protection by a law enforcement agency of the United States
Government.
4.
The request for the dignitary protection detail must be originated by
the federal law enforcement agency responsible for the security of the
dignitary.
5.
Officers assigned to the detail shall wear the appropriate
identification, lapel pin, etc., to ensure immediate identification.
Escort Details:
1.
Direct requests for escort details to the Investigations Bureau
Commander.
2.
Escort details may be provided to non-dignitary individuals at the
discretion of the Investigations Bureau Commander.
3.
A need for the escort detail must be demonstrated by the person or
agency requesting the escort service.
Rev. 5/23/00, Replaces 5/00
1
12.512
4.
A police escort detail is not a dignitary protection detail, and only
provides police presence. The number and composition of an escort
detail will be determined by the CIS Commander.
5.
Direct requests for escort details whose primary function is the
expeditious movement of traffic and involves uniformed officers and
marked police vehicles to the Patrol Bureau Commander.
Rev. 5/23/00, Replaces 5/00
2
12.515
12.515 NONVIOLENT DEMONSTRATION ARREST: MASS
ARREST PROCEDURE
Reference:
Ohio Revised Code 2911.21(A4) - Criminal Trespass (Refusing to Depart)
Procedure 12.545 - Use of Force
Procedure 12.555 - Processing of Felony and Misdemeanor Adult Prisoners
Procedure 12.600 – Prisoners: Securing, Handling, and Transporting
Procedure 12.625 - Transportation of Weapons and Prisoners
Procedure 12.715 – Property and Evidence: Accountability, Processing, Storage,
and Release
Purpose:
To outline procedure for police personnel when dealing with nonviolent
demonstrations: sit-ins, stand-ins, lay-ins, etc. and mass arrest incidents.
To protect the constitutional rights of all persons.
Procedure:
A.
Responsibilities When a Nonviolent Demonstration Occurs
1.
2.
3.
In all cases of nonviolent demonstrations in which the participants
interfere with the normal activities of others, the first police officer on
the scene shall:
a.
Notify the district shift O.I.C. of all pertinent details.
b.
Contact the owner, agent, property manager, superintendent,
etc., and request him to respond to the scene of the
demonstration.
The shift O.I.C. will respond to the scene and:
a.
Confer with the owner, agent, property manager, superintendent,
etc. and the spokesman for the demonstrators in order to
evaluate the situation and alleviate any further police action.
b.
If further police action is deemed necessary, the shift O.I.C. will
inform the district commander of the situation.
The district commander shall respond if it is apparent that further
police action will be necessary.
a.
If upon responding firsthand observation indicates additional
police action is necessary, he shall:
1)
Inform the Patrol Bureau Commander.
a)
Identify the organization or parties involved.
Rev. 12/02/03, Replaces 06/95
1
12.515
2)
4.
State if incidents have occurred; report general
conditions.
c)
Determine personnel needed to remedy the situation.
Inform Police Communications Section to dispatch
necessary personnel.
If a demonstration occurs in an educational institution and participants
are students, then the dean, principal, or superintendent shall:
a.
5.
b)
Notify the students to disband and return to normal activities. If
the students refuse to comply with this request they will be
immediately notified they are interfering with the normal activities
of the educational institution and are subject to arrest under the
trespassing statute.
In the presence of a police officer, persons demonstrating will be told
they are trespassing by the owner, agent, property manager,
superintendent, etc., and will be notified to depart from the premises.
NOTE:
If the trespassers do not depart, this constitutes a
misdemeanor in the presence of a police officer and they are
subject to arrest.
6.
B.
a.
If the trespassers depart the premises peaceably, no further
action is to be taken.
b.
If the trespassers refuse to depart, the police officer shall:
1)
Inform the trespassers they are under arrest and charged
with Criminal Trespass (Refusing to Depart).
2)
State to those arrested they can either walk or be carried to
the police conveyance, but should they have to be carried,
an additional charge of Resisting Arrest will be placed
against them.
3)
Following photographing, the arrested will be taken to
Central Intake for processing.
Trespassing affidavits will be filed by the owner, agent, etc. Affidavits
for other offenses occurring in the police officer's presence such as
Disorderly Conduct, Assault, Resisting Arrest, etc. may be filed by the
police officer.
Mass Arrests
1.
If arrests are anticipated:
a.
The presiding judge of the Hamilton County Municipal Court will
be notified of the anticipated arrests.
Rev. 12/02/03, Replaces 06/95
2
12.515
b.
2.
Alert CIS (Criminalistics Squad) to supply necessary personnel
for photographing and identifying the persons to be charged.
1)
Photographs will be made of the general area and
demonstrators.
2)
Identification photos of participants arrested, if any, will be
taken with the arresting officer in Central Intake.
c.
Request the Hamilton County Sheriff’s Patrol Wagon in advance
when expecting numerous physical arrests at planned events.
d.
Notify the Hamilton County Justice Center, Juvenile Court, and
Juvenile Detention Center when expecting physical arrests
numbering twenty or more. Provide them with the anticipated
number of arrests.
Officers will utilize the following guidelines during mass arrest
incidents.
a.
The guidelines to arrest will be determined by the Incident
Commander and may be limited to the use of arrest teams.
b.
Remove the prisoners from the area of the arrest as soon as
possible.
c.
Juvenile prisoners will be segregated from adult prisoners
throughout the process. All juvenile prisoners will be transported
to the Juvenile Detention Center for processing. Adult prisoners
will be transported to the Hamilton County Justice Center for
processing.
d.
The personal property of prisoners and evidence will be
processed according to procedure 12.715.
e.
Officers will be assigned to remain with prisoners throughout the
process until delivered to the detention facility.
f.
All inquiries from the media will be referred to the Public
Information Office.
g.
Injured prisoners will be handled according to Procedure 12.600.
Rev. 12/02/03, Replaces 06/95
3
12.518
12.518 ENFORCEMENT AUTHORITY ON FEDERAL
PROPERTY
Reference:
41 C.F.R. 101, Federal Property Management Regulations, Sections 101-20.315
- Penalties and Other Laws and 101-20.503-2 - Investigations.
Information:
This procedure is based on a legal opinion written by the City Solicitor's office
and dated January 28, 1987.
In general, Cincinnati Police Department personnel have concurrent jurisdiction
with the Federal Protective Service over property maintained by the Federal
Government but located within the City of Cincinnati. This includes the Federal
Building, Federal Courthouse, V.A. Hospital, Social Security offices, all Post
Office branches, etc. The only exceptions to this general rule are military
installations such as the Army and Navy Reserve Centers.
Procedure:
A.
Request for service.
1.
When Department personnel receive a radio run or a request for
service which requires them to enter onto federally maintained
property, they will respond and provide the required service.
a.
This includes taking reports, resolving disputes, making arrests,
serving warrants, etc.
b.
Prior to serving arrest warrants, Department personnel should
contact an appropriate official at the Federal Protective Service
(684-2302) and request that they be present when the warrant is
served.
1)
This notice is not required in emergency situations where
an immediate arrest becomes necessary.
2.
Nothing in this procedure will prevent Department personnel from
allowing Federal Protective Service personnel to handle complaints
on federal property if the Federal Protective Service desires.
3.
In situations which involve military installations, Department personnel
will take no action unless specifically requested to do so by the officer
in charge of the military installation.
Rev. 2/87
1
12.520
12.520 CITY/PUBLIC EMPLOYEE CONTACTS-INTERVIEWS/
ARRESTS
Reference:
Cincinnati Municipal Code 408-39 - Notice Regarding Court Cases
Administrative Regulation #59 - Substance Abuse
Procedure 12.235 - Driving Under the Influence (DUI): Processing & Arrest
Standards Manual - 1.2.5
Procedure:
A.
Arrest of City Employees:
1.
When arresting a city employee, except for minor traffic violations,
contact a police unit supervisor.
a.
b.
B.
The police supervisor will notify the district/section/unit
commander or the night chief.
1)
If the employee is on duty, the district/section/unit
commander or the night chief will inform the arrested
individual's immediate supervisor as soon as possible.
2)
If the employee is off duty but his division of employment is
open, the district/section/unit commander or the night chief
will inform the on duty supervisor of the arrested
individual's department or division immediately.
3)
If the employee is off duty and his division of employment
is closed, the district/section/unit commander or the night
chief will insure the completion of the Form 17 indicating no
notification was made. Patrol Administration will notify the
arrested employee's supervisor on the next business day.
The police supervisor will complete a Form 17 and fax a copy to
Patrol Administration and the Chief's Office. Include the
command officer notified and the name of the arrested's
supervisor notified.
Substance Abuse Testing of On-Duty City of Cincinnati Employees (Nonpolice):
1.
An officer arresting and charging an on-duty City employee suspected
of Driving Under the Influence (DUI) will test and process the
employee according to Procedure 12.235, Driving Under the Influence
(DUI): Processing & Arrest.
2.
Police Department personnel will not perform intoxilyzer testing or any
other kind of substance abuse testing of on-duty (non-police) City
employees for the sole purpose of placing administrative charges
against the employee.
Rev. 1/96, Replaces 3/92
1
12.520
3.
A police supervisor requested to test an on-duty (non-police) City
employee for this purpose will refer the requesting supervisor to the
Jewish Hospital Main Laboratory, Level B at 3200 Burnet Avenue.
Respond to the emergency room if the Main Laboratory is closed.
a.
C.
The immediate supervisor of the suspected employee will
transport the employee to the Jewish Hospital Main Laboratory
for testing. The laboratory will obtain and analyze the specimen
and send the results to the City Physician.
Postal Employee Contacts:
1.
Interviewing a postal employee at his place of employment:
a.
Contact the Postal Inspector in Charge for clearance.
1)
2.
Postal laws and regulations allow only postal employees
access to post office workrooms. In certain emergency
cases, non-postal persons are admitted if accompanied by
a postal supervisor.
Requesting disclosure of privileged information (change of address,
etc.):
a.
D.
Make requests for changes in address on an Address
Information Request (Form 675P).
1)
The police officer's unit supervisor must countersign the
Form 675P.
2)
The Post Office supervisor will provide the new address
and notify the requesting officer to pickup the completed
Form 675P.
Arrest of Postal Employees:
1.
Felony arrests:
a.
2.
Make the arrest immediately. Contact the Postal Inspector in
Charge if making the arrest at the employee's place of
employment. Notify a police supervisor.
Traffic and misdemeanor arrests:
a.
Whenever possible, try to serve warrants at the residence of the
employee.
1)
b.
If unable, contact the Postal Inspector in Charge and
arrange to make the arrest after the employee
completes his tour of duty.
Do not arrest an employee transporting mail unless the driver is
unable to operate the vehicle safely.
Rev. 1/96, Replaces 3/92
2
12.520
3.
E.
When making an immediate arrest, the police will provide security for
the postal vehicle until the arrival of a relief driver. Have a police
supervisor respond to the scene.
Public Vehicles:
1.
When arresting the driver of a public vehicle, notify the driver’s office
from the scene.
a.
Remain with the vehicle until a relief driver and/or equipment
arrives.
1)
b.
2.
Do not take custody of the vehicle unless holding it as
evidence.
Do not write chauffeur as the driver's occupation on arrest forms
of public vehicle drivers. Write the specific occupation (bus
driver, taxicab driver, etc.) on arrest forms.
When issuing a Cincinnati Parking Infraction (CPI) to a public vehicle,
the citing officer will write in the "Officer's Notes" section of the CPI
the type of vehicle (taxi, bus, etc.). Include the name of the company
owning the vehicle (Yellow Cab Co., Queen City Metro, etc.).
Rev. 1/96, Replaces 3/92
3
12.525
12.525 USE OF QUADRANTS/RESPONSE TO RECENTLY
COMMITTED OFFENSES
References:
Procedure 12.136 – Uniform Financial Institution Robbery Alarm Response
Procedure 12.145 – Critical Incident Response Plan
Police Communications Section Manual of Standard Operating Procedures – 6.F.2
Manual of Rules and Regulations – 4.02
Standards Manual – 81.2.5
Definition:
Quadrant – a method of dividing a crime search area into four geographical
zones surrounding a crime scene or suspect’s last known location. Police patrol
units are then assigned to each zone to conduct a thorough search for a
suspect.
Purpose:
To provide for the safe and rapid apprehension of offenders following a serious
criminal offense.
Policy:
Following the commission of a serious crime, officers will immediately respond to
the scene to conduct a preliminary investigation. If the offender is at large
officers will relay pertinent information concerning the crime and the offender to
Police Communications Section. A police supervisor will take command of the
investigation and determine if a quadrant is warranted.
Procedure:
A.
Police Communications Section (PCS) will:
1.
Upon receiving notice of a serious crime, either in progress or recently
committed; or if a felony suspect is in a certain area,
a.
Hold the caller on the telephone in order to secure descriptions,
type of offense, and manner and direction of escape.
b.
Immediately broadcast a description citywide.
1)
An All County broadcast (ACB) will also be placed if a
vehicle is involved, or if the offense is near a jurisdictional
boundary.
c.
Immediately dispatch two one-officer cars or one two-officer car.
d.
Notify a district supervisor of the situation and car(s) dispatched.
e.
Ascertain from the district supervisor if a quadrant will be
utilized.
Rev. 11/00, Replaces 2/85
1
12.525
1)
B.
Dispatched Unit Responsibilities:
1.
Immediately respond to the scene.
2.
The first car on the scene will obtain complete information as to type
of crime, description of suspects, manner and direction of escape,
and other pertinent data.
3.
a.
Relay the information to PCS as soon as possible.
b.
If the suspect(s) have escaped, the second car will assist the
first officer in securing the crime scene and keeping all
witnesses available for questioning.
Witnesses may be taken on a tour of the area in a police vehicle.
a.
4.
C.
If dispatching additional cars, specify the quadrant position
of each car.
The car containing the witnesses shall relay this information to
PCS via radio.
In the absence of a supervisor the first officer on the scene will
assume command of the investigation.
District Supervisor will:
1.
2.
Respond to the scene, take command of the investigation, and
establish, maintain or cancel the quadrant based on information
obtained.
a.
A supervisor need not respond if it has been determined by
responding officer that the incident is unfounded.
b.
Factors to be considered when deciding to establish or maintain
a quadrant include:
1)
The type of offense.
2)
The time of the offense (i.e. crime in progress, just
occurred, or if a significant amount of time has elapsed).
3)
Suspect on or near the scene.
4)
Descriptions of suspect or suspect’s vehicle if one was
known to be used.
If two quadrants occur simultaneously in one district, the district
supervisor will determine if one quadrant will take priority, if both will
be maintained, or if one can be switched to Channel Eight.
Rev. 11/00, Replaces 2/85
2
12.525
D.
Cancellation of Quadrant:
1.
The quadrant will be terminated when:
a.
All suspects have been apprehended.
b.
The O.I.C. of the quadrant feels that the quadrant is no longer
necessary.
1)
2.
Normally, the quadrant should be canceled within 20
minutes, except when circumstances merit a longer time
period. These circumstances include a search with a high
probability of a capture and a search for an offender who
presents a high risk of danger to the public.
Quadrants will be terminated through the use of:
a.
"Signal 88" - if no apprehension has been made.
b.
"Signal 89" - if cancellation is due to an apprehension.
Rev. 11/00, Replaces 2/85
3
12.535
12.535 EMERGENCY OPERATION OF POLICE VEHICLES
AND PURSUIT DRIVING
Reference:
Procedure Manual 12.537, Mobile Video/Digital Video Recording Equipment
Ohio Revised Code 2935.031 - Policy for Pursuit in Motor Vehicle
Ohio Revised Code 2921.331 - Failure to Comply with Order or Signal of Police
Officer
Ohio Revised Code 4511.01(d) - Definitions
Ohio Revised Code 4511.03 - Emergency Vehicles to Proceed Cautiously Past
Red or Stop Signal
Ohio Revised Code 4511.24 - Emergency Vehicles Excepted From Speed
Limitations
Ohio Revised Code 4511.45 - Right-of-Way of Public Safety Vehicles
Ohio Revised Code 4513.21 - Horns, Sirens, and Warning Devices
Colbert v. City of Cleveland, 99 Ohio St.3d 215 (2003)
Definitions:
Emergency Driving (General Non-Pursuit) - the operation of an authorized
emergency vehicle (emergency lights and siren in operation) by a police officer in
response to a life threatening situation or a violent crime in progress, using due
regard for the safety of others.
Pursuit Driving - an attempt by a law enforcement officer operating an
emergency vehicle and simultaneously utilizing lights and siren to apprehend an
occupant(s) of another moving vehicle, when the driver of the fleeing vehicle is
aware of the attempt and is resisting apprehension by maintaining or increasing
speed, disobeying traffic laws, ignoring or attempting to elude the officer.
Emergency Call - a call to duty, including, but not limited to: communications
from citizens, police dispatches, and personal observations by peace officers of
inherently dangerous situations demanding an immediate response on the part
of a peace officer. Emergency calls are not limited to inherently dangerous
situations.
Original documents – photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Purpose:
Ensure the safety of citizens and police officers during the emergency operation
of police vehicles.
Revised 05/05/09, Replaces 02/21/06
1
12.535
Policy:
All sworn personnel will complete any established training program regarding
vehicle pursuits.
Officers must terminate their involvement in motor vehicle pursuits whenever the
risks to their safety and the safety of others outweigh the consequences of the
suspect's escape.
During the emergency operation of police vehicles, and prior to and during a
pursuit, officers must weigh the following factors:
•
•
•
•
•
•
•
•
•
•
•
•
•
Degree of risk created by pursuit to others, officer and suspect.
Location where pursuit will take place.
Traffic conditions and amount of pedestrian traffic.
Road conditions.
Time of day.
Weather.
Volume, type, speed and direction of vehicular traffic and direction of
pursuit.
Nature/seriousness of suspected crime.
Condition of police vehicle and suspect’s vehicle.
Any circumstance that could lead to a situation in which the pursuing
officer(s) will not be able to maintain control of the police vehicle.
Type of vehicle being pursued.
Likelihood of successful apprehension.
Whether the identity of the suspect is known to the point that later
apprehension is possible.
Officers will not attempt to stop or slow a pursued vehicle by boxing in, heading
off, ramming, or driving alongside during a pursuit.
Officers will not pursue vehicles the wrong way on the interstate or other
controlled access highway, divided roadways, or one-way streets unless
specifically authorized by the pursuit officer in charge (OIC).
Officers must ensure video and audio recording equipment is activated when
operating in emergency mode and when participating in traffic stops and
pursuits.
Police motorcycle units may become involved in a pursuit as primary units when
they initiate the pursuit. The motorcycle unit will turn the pursuit over to a
marked police car as soon as possible and discontinue emergency operation.
Officers wearing plainclothes or using unmarked vehicles will avoid making stops
of suspected vehicles and will not engage in vehicle pursuits. The danger
presented to officers and citizens is much greater than when uniformed officers
with marked vehicles make the initial contact.
Officers will not attempt to stop vehicles while off duty unless it is a lifethreatening situation which, if permitted to continue, could cause serious physical
harm to innocent victims.
Revised 05/05/09, Replaces 02/21/06
2
12.535
Pursuits leaving the initiating district will switch to the channel of the district that
the pursuit enters after it is established the pursuit will not immediately re-enter
the boundaries of the initiating district.
Example One: A vehicle pursuit initiated in District One which enters I-75 north
and passes the Harrison Avenue exit will switch to Channel Five for dispatch.
Example Two: A vehicle pursuit initiated in District One which travels north on
Vine Street, enters District Four and proceeds east on Thill Street, then south on
Rice Street back into District One, may remain on Channel One.
Procedure:
A.
Emergency Operation of Police Vehicles
1.
2.
Emergency operation (lights and siren) of a police vehicle is
authorized in the following emergency cases and under the following
conditions:
a.
Officer needs assistance.
b.
Person calling for help.
c.
Report of an explosion.
d.
Trouble with a prisoner.
e.
Crimes in progress requiring the immediate presence of a police
officer.
f.
Auto accident with reported injury.
g.
Emergency medical runs when Fire Department personnel are
not immediately available.
h.
Pursuit driving.
When operating a police vehicle in the emergency mode, officers:
a.
Will not operate with reckless disregard for the safety of other
citizens.
b.
Will use the emergency lights (red/blue) and siren.
1)
c.
Do not use four-way flashers because they interfere with
brake lights and turn signals.
Will ensure video and audio recording equipment is activated if
the police vehicle is equipped with it.
Revised 05/05/09, Replaces 02/21/06
3
12.535
d.
3.
Civilian observers who have signed a Form 612, Release
of All Claims.
2)
Units transporting sick or injured persons to the hospital.
When driving in emergency mode and approaching a red traffic
signal or stop sign, the operator must:
1)
Stop the vehicle.
2)
Yield the right-of-way to all moving vehicles and
pedestrians.
3)
Enter the intersection only when it is safe.
Silent Response
1.
C.
1)
When driving in emergency mode, the operator will conform with all
applicable traffic laws and regulations.
a.
B.
Will not have complainants, witnesses, suspects, prisoners, or
other non-police personnel as passengers. This restriction does
not apply to:
Police officers may respond to certain calls, such as robberies or
burglaries in progress, using emergency lights only (no audible siren).
The officers responding on these silent runs must clearly understand:
a.
The mere use of flashing emergency lights, without an audible
siren, does not designate the vehicle as an emergency vehicle
by law and may negate any immunity available to the operator.
b.
They must proceed with extreme caution and at a reasonable
speed to avoid endangering the life and property of others.
Portable Flashing Blue Lights on Unmarked Vehicles
1.
A vehicle with a portable flashing blue light is not considered an
emergency vehicle.
2.
The portable flashing blue light should be used to identify emergency
conditions at an auto accident, road hazard, crime scene, etc.
3.
Do not use the portable flashing blue light to:
a.
Identify any unmarked vehicle as an emergency response
vehicle.
b.
Substitute for the emergency equipment on the patrol cars.
Revised 05/05/09, Replaces 02/21/06
4
12.535
D.
Pursuit Driving
1.
2.
A motor vehicle pursuit is permitted in the following instances:
a.
On-sight pursuit of a known or suspected felon.
b.
On-sight pursuit of traffic or misdemeanor violations, only if
witnessed by the officer or if a warrant is on file.
c.
When directed by Police Communications Section (PCS) or a
supervisor to assist in a police pursuit.
Notification
a.
3.
A pursuing officer(s) will immediately relay the following
information to PCS:
1)
Car number.
2)
Location.
3)
Direction.
4)
A description of vehicle, license number, and occupants.
5)
Reason for pursuit.
6)
Speeds involved.
PCS Responsibilities
a.
The dispatcher will immediately notify the initiating pursuit unit's
supervisor. That supervisor becomes the pursuit OIC and is
responsible for directing the pursuit until its end.
1)
If the unit supervisor is unavailable, a district supervisor
where the pursuit began becomes the pursuit OIC.
b.
The dispatcher will note the time, car number, district involved,
and immediately notify the PCS shift OIC.
c.
The pursuit dispatcher will notify other district personnel via an
all channel broadcast as the pursuit enters into adjoining district
boundaries.
d.
Keep non-emergency radio traffic to a minimum during the
pursuit.
e.
PCS will broadcast the pursuit on all available channels. Upon
anticipation of a pursuit across city limits, PCS will make an all
county broadcast (ACB).
f.
The PCS supervisor will provide the necessary support during
the pursuit.
Revised 05/05/09, Replaces 02/21/06
5
12.535
4.
Supervisory Responsibilities
a.
The pursuit OIC will retain control and continually monitor and
assess the situation. The pursuit OIC will direct specific units in
or out of the pursuit, reassign primary or secondary units, set
posts, authorize roadblocks, and terminate the pursuit.
1)
b.
c.
5.
Final decisions will rest with the pursuit OIC.
The pursuit OIC will complete Form 34, Vehicle Pursuit Report,
and work-flow the form through channels to the
district/section/unit commander. When work-flowing the Form
34 and attachments, “Add Notification” to the following units:
1)
Patrol Bureau.
2)
Inspections Section.
After reviewing the MVR/DVR of any unit involved in the pursuit
in accordance with Procedure 12.537, route a copy of the
MVR/DVR, along with any other original documents, through the
chain of command.
Number of Units
a.
Unless authorized by the pursuit OIC, no more than two police
vehicles will become actively involved in the pursuit.
b.
The primary unit will:
c.
1)
Be responsible for keeping the suspect's vehicle in sight.
2)
Advise the supervisor if more than two police units are
needed for the pursuit.
3)
Have the authority to terminate the pursuit should
conditions warrant.
The secondary unit will:
1)
Immediately notify PCS there are two police units involved
in the pursuit.
2)
Assume responsibility for the transmission of all relevant
pursuit information to PCS.
3)
Provide backup for the primary unit during the arrest
process.
Revised 05/05/09, Replaces 02/21/06
6
12.535
E.
Termination of the Pursuit
1.
F.
Officers will terminate pursuits under any of the following conditions:
a.
The pursuit OIC or the primary unit determines the level of
danger created by the pursuit outweighs the necessity for
immediate apprehension.
b.
Establishment of the suspect's identity allowing for apprehension
at a later time and there is no longer a need for immediate
apprehension.
c.
d.
Location of the pursued vehicle is no longer known.
The pursued traffic/misdemeanor violator crosses the Hamilton
County line (Refer to Section F.3.).
Pursuits Leaving Cincinnati
1.
By statute, police officers have the authority to pursue outside their
jurisdiction and arrest without a warrant provided:
a.
The officers would have authority to make the arrest inside their
jurisdiction.
b.
The pursuit takes place without unreasonable delay after the
offense.
c.
The pursuit starts within the police officers' jurisdiction.
d.
The offense is one of the following:
1)
Felony
2)
First or second-degree misdemeanor
3)
Traffic violation that a point may be charged against the
driver pursuant to Division (6) of Ohio Revised Code (ORC)
Section 4507.40
2.
If the above criteria are not met, the officers cannot pursue and
cannot arrest outside their jurisdiction.
3.
Although it can be a felony to flee and/or elude a police officer (ORC
2921.331), if this is the only felony charge, fresh pursuit of a traffic or
criminal misdemeanor violator will terminate at the Hamilton County
line.
a.
Officers must receive supervisory approval before signing ORC
2921.331 felony charges.
Revised 05/05/09, Replaces 02/21/06
7
12.535
4.
Officers may pursue felony suspects beyond state boundaries.
However, the new jurisdiction will continue the pursuit as the primary
unit (if available). The Cincinnati primary unit and secondary unit will
then assist.
a.
G.
Outside Agency Pursuits into Cincinnati
1.
In the event of a pursuit from an outside agency into Cincinnati, the
same guidelines for pursuits outlined in this procedure will apply to
Department personnel.
a.
H.
Officers will terminate pursuits if radio contact with PCS is lost
due to officers going beyond radio range.
PCS will notify the appropriate district supervisor, who becomes
the pursuit OIC for Department personnel.
1)
The outside agency will remain responsible for the pursuit
and serve as the primary unit until responsibility is
relinquished to Department personnel.
2)
PCS will broadcast the pursuit and its progress.
b.
If an outside agency has one vehicle in the pursuit, we will assist
with one unit.
c.
If an outside agency has two or more vehicles in pursuit, we will
not assist in the pursuit of the fleeing vehicle.
Roadblocks
1.
Under normal circumstances, officers will not set up roadblocks to
stop fleeing vehicles. The pursuit OIC may grant permission for a
roadblock if he has knowledge the suspect has committed:
a.
Murder or Aggravated Murder.
b.
Aggravated Arson.
c.
Aggravated Robbery.
d.
Aggravated Burglary.
e.
Rape.
f.
Complicity to any of the above.
Revised 05/05/09, Replaces 02/21/06
8
12.535
2.
Officers will set up roadblocks only with the direct permission of the
pursuit OIC and in accordance with the following guidelines:
a.
Officers will not set up roadblocks at locations that will endanger
innocent citizens or create a hazard to vehicular traffic. Officers
will not set up roadblocks which could limit visibility and not allow
operators sufficient time to safely stop, e.g., at a curve in the
road, or beyond the crest of a grade.
b.
Use Police Department vehicles only.
1)
c.
d.
I.
Do not use Department motorcycles or privately owned
vehicles.
Position the Department vehicles in the roadblock so the open
route left through the restricted area will require approaching
vehicles to proceed slowly through it.
1)
Turn on all of the vehicle's emergency lighting, turn the
ignition switch off, and leave the vehicle. No one is to
remain inside the vehicle.
2)
If using Stop Sticks, use according to guidelines set forth in
Section I.
Do not detain innocent citizens. Direct them to proceed with
their vehicles through the roadblock and out of the path of the
fleeing vehicle(s).
Use of Stop Sticks
1.
The Department currently has four models of Stop Sticks:
a.
Standard Stop Stick - three feet in length.
b.
Barracuda – three feet in length but with longer quills designed
to stop larger vehicles like buses or trucks.
c.
Terminator - designed to be placed in front of a tire on a static
vehicle, e.g., traffic stop.
d.
Piranha - resembles the standard Stop Stick but is only 5 1/8”
long. It is designed to be placed covertly in front of a tire to
ensure the vehicle is not moved.
Note:
District Civil Disturbance Operating Procedure (CDOP) Vans are
equipped with the Barracuda, Terminator and Piranha Stop
Sticks. Supply Unit maintains a replacement supply of stop
sticks.
Revised 05/05/09, Replaces 02/21/06
9
12.535
2.
Deployment of Stop Sticks:
a.
Stop Sticks are designed for a controlled release of air from a
target vehicle’s tires, usually within 20-30 seconds. However,
under some circumstances tire deflation can increase the
possibility that a driver may lose control of the vehicle and crash,
resulting in serious or fatal injuries. Therefore, the following
guidelines shall be followed when deploying Stop Sticks:
1)
Officers will use Stop Sticks only on vehicles with four or
more wheels.
a)
b.
2)
Avoid deploying Stop Sticks on motor vehicles in transit if
there are pedestrians in the immediate vicinity and the use
of the Stop Sticks would place them at risk of physical
harm or injury, i.e., use of Stop Sticks on a motor vehicle
traveling at a high rate of speed in a residential area.
3)
Limit or isolate traffic from the pursuit or location where the
Stop Sticks are being deployed.
Normally the pursuit OIC will make the decision to use Stop
Sticks. Situations may occur making this impossible. Under
these circumstances, officers may use Stop Sticks if they can do
so safely.
1)
c.
Operators of vehicles equipped with Stop Sticks must
receive proper training in the use of Stop Sticks.
Officers must alert PCS of their intention to use Stop Sticks, and
of their exact location.
1)
d.
Do not use Stop Sticks on motorcycles.
PCS will relay the location to the pursuing officers.
Do not discard used Stop Sticks. The manufacturer replaces
used Stop Sticks for a period of five years from purchase when
the old ones are returned.
1)
If Stop Sticks are used in a pursuit situation, the pursuit
OIC will:
a)
Address their use and effectiveness in the Form 34,
Vehicle Pursuit Report.
b)
Complete a Form 630, Equipment/Supply/Service
Order Form, and submit through the chain of
command, to the Supply Unit for the replacement of
Stop Sticks.
c)
Ensure used Stop Sticks accompany the Form 630 to
Supply Unit.
Revised 05/05/09, Replaces 02/21/06
10
12.535
e.
If Stop Sticks were used and the incident did not involve a
pursuit, the unit supervisor will:
1)
3.
Investigate and report via Form 17 to the Police Chief.
Preventing a pursuit of a stolen vehicle
a.
Officers may deploy stop sticks to prevent pursuits. As an
example, an officer following an entered vehicle may request
deployment of stop sticks prior to the initiation of a traffic stop.
Revised 05/05/09, Replaces 02/21/06
11
12.536
12.536 FOOT PURSUITS
References:
Procedure 12.140 – Canine Operations
Procedure 12.175 – Use of Special Weapons and Tactics Unit
Ohio Revised Code 2921.31 - Obstructing Official Business
Ohio Revised Code 2921.331 - Failure to Comply with Order or Signal of Police
Officer
Illinois v. Wardlow (2000),528 US 119
Terry v. Ohio (1968),392 US 1
Definitions:
Foot Pursuit: A situation in which an officer, on foot, chases a suspect in an
effort to detain or arrest that individual who he has reasonable suspicion to
believe is about to commit, is committing or has committed a crime and who is
resisting apprehension by fleeing from the officer.
Suspect: Includes any individual who a police officer reasonably believes is
about to commit, is committing or has committed an offense or poses an
immediate threat to the safety of the public, other officers, or themselves.
Contact/Cover: Describes the practice of having two or more officers working
together during a foot pursuit. The officers work in unison via direct or indirect
communication to coordinate their efforts, remain aware of the locations of
officers and suspects, and keep abreast of the status of the pursuit.
Purpose:
To facilitate the safe apprehension of a suspect who flees on foot and to prevent
officer injury.
Policy:
Whenever an officer decides to engage, or continue to engage, in a foot pursuit a
quick risk assessment must take place. They must evaluate the risk involved to
themselves, to other officers, the suspect and the community versus what would
be gained from pursuing the suspect. Supervisors are responsible for reviewing
the tactical soundness of foot pursuits.
Procedure
A.
Factors to Consider when Initiating a Foot Pursuit
1.
Whether the suspect is armed
2.
The offense committed by the suspect
Rev. 8/19/03, Replaces 5/20/03
1
12.536
3.
a.
Nature of area: residential, commercial, school zone,
expressway, etc.
b.
Conditions of the structures: abandoned or condemned
c.
Environmental factors: weather or darkness
4.
Ability to apprehend the suspect at a later date
5.
Communications
6.
B.
Location:
a.
Familiarity with area, ability to transmit location of fleeing suspect
b.
Radio frequency and coverage (dead spots)
Availability of backup units to assist
Pursuing Officer(s) Responsibility
1.
The decision to initiate or continue a foot pursuit requires weighing the
need to apprehend the suspect against the degree of risk to which the
officer and others are exposed as a result of the pursuit.
2.
Once the foot pursuit has been initiated, the officer must notify Police
Communications Section (PCS)of the following information:
a.
Car number
b.
Location
c.
Direction
d.
e.
Description of suspect
If armed with a weapon
f.
Reason for foot pursuit
3.
PCS will notify a supervisor of the pursuit circumstances and any
other relevant information.
4.
The pursuing officer will coordinate with other officers to establish a
perimeter in the area to contain the suspect.
a.
In the event that a suspect is confined in an area, consideration
should be given to the use of specialized units such as Canine
Squad or SWAT.
Rev. 8/19/03, Replaces 5/20/03
2
12.536
C.
D.
E.
If possible, officers should consider the feasibility of the following strategies
or tactics prior to initiating foot pursuits:
1.
Area containment
2.
Surveillance
3.
Obtaining additional officers
Police Officer should Terminate a Foot Pursuit:
1.
If ordered by a supervisor.
2.
If the officer believes that the danger to the pursuing officers or the
public outweighs the necessity for immediate apprehension of the
suspect.
3.
If the suspect’s identity is known and he is not an immediate threat to
the safety of the public or other officers, consider terminating the
pursuit and apprehend at a later date.
4.
After termination of the foot pursuit, officers will notify Police
Communications Section (PCS) with the last know location of suspect
or point of apprehension.
Supervisor’s Role
1.
The supervisor’s role is to monitor a foot pursuit and appropriately
direct resources to safely apprehend the suspect.
2.
The supervisor will terminate a foot pursuit at any time if it is
determined the danger to the pursuing officers or the public outweighs
the necessity for immediate apprehension of the suspect.
3.
If the foot pursuit results in a reportable incident such as a use of
force, injury to prisoner, injury to officer, auto accident etc., the
supervisor will include an analysis of the tactical soundness of the foot
pursuit in the appropriate report.
Rev. 8/19/03, Replaces 5/20/03
3
12.537
12.537 MOBILE VIDEO/DIGITAL VIDEO RECORDING
EQUIPMENT
References:
Procedure 12.205, Traffic Enforcement
Procedure 12.235, Operating a Vehicle Under the Influence (OVI): Processing &
Arrest
Procedure 12.535, Emergency Operation of Police Vehicles and Pursuit Driving
Procedure 12.715, Property and Evidence: Confiscation, Accountability,
Processing, Storage, and Release
Purpose:
Establish a policy regarding the use of Digital Video Recording equipment in
Department vehicles.
Establish a policy regarding the storage, release, and retention of mobile
videotapes, digital discs, and video files.
Policy:
Hard drives, original Mobile Video Recorder (MVR) tapes, and original Digital
Video Recorder (DVR) disks will not leave the custody of the Police Department.
The Department will retain and preserve tapes, discs, and video files for at least
90 days, or as long as necessary for an incident subject to investigation. Tapes,
discs, and video files held as evidence will be held for the required retention
period. Requests for duplicates of the held tape, disc, or video file will be
forwarded to the district/section/unit holding the tape, disc, or video file.
The Eyewitness ION DVR system features Clear Comm transmitters which are
equipped with a mute function located on the top of the transmitter. Transmitters
vibrate indicating the mute function has been activated. Officers are not to use
this function. All audio will be recorded in its entirety.
Officers who fail to use DVR equipment as required or fail to report damage to
the equipment are in violation of the Manual of Rules and Regulations and
Disciplinary Process for the Cincinnati Police Department.
Information:
Utilizing DVR equipment facilitates the Department’s objectives to collect
evidence for criminal prosecution, provide an administrative inspection function,
and assist in training officers to improve safety and tactics.
MVR tapes, DVR discs, and video files are the property of the Cincinnati Police
Department and are not to be duplicated and/or used without authorization from
the Police Chief or his designee.
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The DVR relies completely on the police vehicle’s battery as its power supply.
When the battery goes dead or is disconnected, the date, time and the tape,
disc, and hard drive counter may no longer be accurate.
The date and time will also be incorrect for criminal or administrative
investigations. The DVR time, date, and counter must be checked for accuracy
but should reset on its own.
When the DVR is activated, the thirty seconds prior to activation will be captured
on the recording.
A supervisor will set the video resolution on all DVR units to BEST. The BEST
setting allows for digital enhancement of captured data when necessary. Steps
to complete this setting can be found on the Department Intranet under Manuals;
Digital Eyewitness Reference Manual, page 4-9 (4 dash 9).
Incidents exceeding one hour in length will need to be copied to more than one
CD.
Officers may use DVR equipment to record the reason for current or planned
enforcement action, to record the circumstances at crime and accident scenes or
other events such as the confiscation and documentation of evidence or
contraband.
DVR microphones will not record conversations while stored in the docking
station.
The Eyewitness ION DVR system features a hard drive which stores audio/video
recordings transmitted from the In-car camera. Hard drives are inserted in the
“vault” which is mounted in patrol vehicles between the driver and passenger
seat. Hard drives must be removed from the vault and downloaded to the
district/section/unit server. The server organizes recordings into video files which
can then be duplicated for investigatory and or evidentiary purposes.
Duplicate video files required for external presentations will be created using the
“create a CD or DVD Data Disk” feature of the Digital Eyewitness Media
Manager. Video files can only be duplicated utilizing the workstation connected
to the server. The duplicate video file can be played on any computer using
Media Player.
Video files which must be retained for longer than 90 days (i.e., “best evidence”
for an investigation by Homicide Unit, Internal Investigations Section, Inspections
Section, or Traffic Unit) must be “flagged” for retention purposes. Steps to
complete this process can be found in the Digital Eyewitness Media Manager
Operations Manual, section 4.10.
Information Technology Management Section will set the video resolution on all
Eyewitness ION DVR systems to MPEG2 at Best Quality. This setting allows for
video enhancement and watermarking of the video file to ensure video integrity.
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Eyewitness ION DVR systems are equipped with “Clear Comm” wireless
transmitters which vibrate once when removed from the docking station
indicating the transmitter is recording audio sound. Transmitters vibrate twice
indicating the transmitter is out of recording range (during a foot pursuit an officer
may not become aware of the vibration). Transmitters vibrate when back in
range.
A flashing red LED on the front of the video camera indicates video images are
being recorded without audio sound. A solid red LED light indicates recording of
both audio and video.
Procedure:
A.
Operating and Utilizing DVR Equipment
1.
DVR equipment installed in a vehicle is the responsibility of the officer
assigned to that vehicle and will be operated according to
manufacturer’s recommendations.
a.
2.
All officers operating DVR equipped vehicles will wear the
microphone or wireless transmitter supplied with each system.
Prior to leaving the district/section/unit, the officer must ensure his/her
DVR equipment is working satisfactorily, including date and time.
a.
The officer will check the DVR by recording himself/herself
standing in front of the vehicle and giving a test count.
1)
DVR systems have two Sure Talk microphones; both must
be checked with a test count to ensure they are functioning
properly.
2)
Eyewitness ION DVR systems have two “Clear Comm”
transmitters; both must be checked with a test count to
ensure they are functioning properly.
b.
After recording, the officer will review the video to verify the
audio and video test recorded properly.
c.
Immediately notify a supervisor of any problems.
d.
The officer will complete the “In-car Camera” portion of the Form
436A, Daily Activity Record.
e.
The officer will check the amount of space left on the DVR disc,
or hard drive to ensure there is an adequate amount of recording
time available for the duration of the shift.
1)
The disc/hard drive counter in DVR equipped vehicles
appears on the overhead console after initial start up and
will continue to be displayed while the unit is running. The
counter indicates the amount of recording time remaining
on the disc/hard drive.
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a)
The maximum amount of space on a DVR disc set to
Best is 5 hours and 20 minutes (shown as 5.20).
1]
When the disc counter shows 30 minutes or
less, the officer will notify a supervisor who will
change the disc.
NOTE: DVR counters start at the maximum
number of hours and minutes available for each
disc, i.e., 5.20.
b)
The maximum amount of space on an Eyewitness
ION DVR hard drive is 16 hours when set to MPEG2
at Best Quality.
1]
3.
When the hard drive counter shows
approximately 1 hour, the officer will notify a
supervisor who will change the hard drive (hard
drive counter starts at the maximum number of
hours).
f.
If the DVR reaches the maximum count during the shift, the
officer will inform a supervisor of any recorded sequences that
may be of value for training purposes.
g.
If during the officer’s tour of duty the DVR or audio equipment
malfunctions, the officer must notify a supervisor.
When turned on, DVR equipment will automatically activate when the
vehicle’s emergency lights are activated.
a.
The camera must be positioned and adjusted to record events
appropriately. On a DVR equipped vehicle, the correct camera
position will allow viewing of the push bumpers in the bottom and
middle of the screen.
b.
The wireless microphone/transmitter turns on automatically with
a DVR when removed from the docking station.
1)
When a second Sure Talk microphone from a DVR system
is used to record audio inside a vehicle, the second
microphone must be removed from the docking station and
manually activated by pressing the ACT button until it
remains lit. Place the microphone in a section of the
driver’s compartment capable of recording audio from the
rear passenger compartment.
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4.
c.
Vehicles equipped with an Eyewitness ION DVR system have a
third microphone permanently installed in the rear passenger
compartment around the rear window. To record audio inside a
vehicle, the In-car Microphone (ICM) must be manually activated
by pressing the ICM button located on the left panel of the
overhead console.
d.
The equipment may be manually deactivated during nonenforcement activities such as protecting accident scenes from
other vehicular traffic.
e.
The officer must notify a supervisor if they become aware a
traffic stop or pursuit was not recorded.
The officer will use DVR equipment to record all portions of the
following incidents:
a.
Responding to calls for service in emergency mode.
b.
Traffic pursuits.
c.
Traffic stops, including the investigation of a vehicle and
occupants already stopped or parked.
d.
1)
The officer on a traffic stops will continue to record until the
stopped vehicle departs or until they leave the scene.
2)
Officers assisting on traffic stops will continue to record
until the stopped vehicle departs or until they leave the
scene.
The transporting of all persons physically arrested and being
transported to an appropriate location: district, detention facility,
medical facility, etc., until relieved of custody of the prisoner.
The camera will be turned to face the rear seat for recording
purposes.
1)
e.
This includes physical arrests from traffic stops; prisoners
requiring transportation which are picked up from districts,
outside agencies, private security, etc.; and all original
arrests which were not part of an above incident requiring
initial recording of the incident.
All requests for consent to search without a warrant, including
searches of persons, buildings, or vehicles, will be recorded.
Both audio and video recordings will be made of the request and
consent when practical. Requests involving incidents beyond
the camera will still be recorded by audio if within range of the
recording device. Recording is intended to enhance a
documented consent; it does not replace a signed Form 601,
Consent to Search Without a Warrant, when requesting a
search.
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f.
5.
Officers will only use DVR discs, or hard drives issued by the
Department.
a.
6.
B.
Requests for searches and deployments of drug-detection
canines involving vehicles, when practical.
Officers will not erase, alter, or tamper with MVR tapes, DVR
discs, or hard drives.
Each DVR equipped vehicle must have a warning posted on the
interior of the divider, facing rearward, which advises rear seat
passenger(s) their actions and conversations will be recorded.
MVR Tape/DVR Disc Control and Management
1.
Except as indicated below, MVR tapes/DVR discs will be stored at the
district/section/unit.
2.
Access to MVR tapes/DVR discs is restricted to supervisors only.
a.
District/section/unit commanders can designate a nonsupervisory person to have access to tapes/discs only when
necessary.
3.
All original MVR tapes/DVR discs will be stored for 90 days following
the last day of use.
4.
Duplicates of MVR tapes/DVR discs will be made by the district
commander’s designee.
5.
DVR discs will be stored and separated in the following categories:
a.
Assigned DVR Discs:
1)
Each DVR equipped vehicle will have 30 discs assigned to
it, labeled with the equipment number and disc number
(e.g.: 04300-1…….04300-30). Do not write directly on the
disc.
2)
Each vehicle will have a Form MVR1, In-car Camera
Tape/Disc Log, to track disc changes and 90-day retention
dates. The log must be kept secured with the tapes/discs.
3)
Discs will be changed when:
a)
The DVR disc counter reads 30 minutes or less.
c)
The disc needs to be removed for viewing or copying
purposes.
d)
There is a malfunction of the disc.
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b.
C.
e)
Battery power is lost or the date and time are
incorrect. The DVR time and the Mobile Data
Computer (MDC) time will be the same.
f)
Directed by a supervisor.
Spare DVR Discs
1)
Each district/section/unit will have 20 spare DVR discs
available, labeled with the disc number (e.g.: Spare-1 –
Spare-20).
2)
Spare discs are to be used in place of an “Assigned Disc”
when the 90-day retention period has not been met.
3)
A Form MVR2, In-car Camera Spare Tape/Disc Log, will be
completed to track the use of spare discs and their
retention dates. The log must be kept secured with the
discs.
Hard Drive Control and Management
1.
Hard drives will be retained at the district/section/unit of assignment.
2.
Access to hard drives is restricted to supervisors.
a.
3.
District/section/unit commanders can designate a nonsupervisory person to have access to tapes/discs only when
necessary.
All video files will be stored for 90 days upon being downloaded to the
server.
a.
Duplicates of the video files will be made by the district
commander’s designee.
b.
Spare hard drives.
1)
Each vehicle equipped with an Eyewitness ION DVR
system has two hard drives assigned.
2)
Hard drives will be labeled beginning with the
district/section/unit designation, then the corresponding
number in sequence.
Example: Hard Drive One assigned to District Two is:
2-1. Hard Drive Two assigned to District Two is: 2-2.
a)
Hard drives are not assigned to specific vehicles and
can be inter-changed among all vehicles assigned to
a district/section/unit.
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3)
D.
Form DVR-HD, DVR Hard Drive Log, will be completed
each time a hard drive is changed to track the use of hard
drives. The log must be secured with the hard drives.
Court/Evidentiary Tapes, Discs, or Video Files
1.
2.
3.
When MVR tapes, DVR discs, or video files are held for
court/evidentiary purposes, the officer or supervisor will submit a Form
606, Mobile Video/Audio Recording Records Request, before the end
of the tour of duty.
a.
One duplicate of the MVR tape, DVR disc, or video file will be
made and processed as normal evidentiary material in
accordance with Procedure 12.715, Property and Evidence:
Confiscation, Accountability, Processing, Storage and Release.
b.
Duplicates of MVR tapes must include a portion of video from
directly before and after the incident in order to be considered a
“certified” duplicate for court. Duplicates of DVR discs/video files
will consist of the file containing the specific incident.
c.
Retain the Form 606 at the district/section/unit to track duplicate
tapes, discs, or video files.
d.
The officer will mark all related documents with Automated
Control of Evidence (“ACE”) to alert the prosecutor or
investigator a duplicate of a MVR tape, DVR disc, or video file is
available. “ACE” will be indicated only when the officer holds a
duplicate tape, disc, or video file as evidence.
Anytime a DVR equipped police vehicle is involved in an auto
accident where the DVR is recording, or a DVR captures a police
vehicle involved in an auto accident, the supervisor who completes
the 90S, Supervisor’s Review of Vehicle Crash, will also complete a
Form 606. Forward a duplicate of the disc, or video file along with the
auto accident paperwork, i.e., 90S, BMV3303, etc. through the chain
of command to the Fleet Management Unit. The Solicitor’s Office will
have access to these DVR discs, or video files as needed for lawsuits.
a.
The Fleet Management Unit will maintain a computer database
and act as a liaison with the City Solicitor’s Office.
b.
Fleet Management Unit is responsible for final disposition of
MVR tapes, DVR discs, or video files submitted as part of an
auto accident not needed after 2 years.
Anytime a DVR equipped police vehicle is involved in a stop where an
individual is arrested for Operating a Vehicle Under the Influence
(OVI):
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E.
a.
A duplicate of the OVI incident captured on discs, or hard drives
of all units at the scene will be held as evidence. Clearly mark
the Form 527, Arrest Report, and Ohio Multi-count Traffic Tag
(MUTT), with “ACE”. Also, mark “yes” in the specific block on the
Form 495.
b.
Complete a Form 606 and process the duplicate of the DVR
disc, or video file as evidence held for court (See Procedure
12.715). Mark duplicate discs with the date and OVI number.
Discs must be marked with a label. Do not write directly on the
disc.
c.
If the incident is captured on a DVR disc or hard drive, a second
duplicate will be made and routed, with the OVI paperwork, to
the Prosecutor’s Office. This disc will be labeled with the
arrestee’s name, OVI number, and the incident date/time. The
Prosecutor’s Office will continue to obtain MVR tapes from the
Court Property Unit.
Request for Tapes, Discs, or Video Files
1.
Any request for a tape, disc, or video file must be made prior to the
end of the 90-day retention period.
2.
Requests for duplicates of discs, or video files originating from within
the Department must be submitted on a Form 606 to the
district/section/unit where the disc, or video file is assigned or stored.
a.
b.
Original DVR discs must be retained at the district/section/unit of
assignment, except when needed as “best evidence” for an
investigation by Homicide Unit, Internal Investigations Section,
Inspections Section, or Traffic Unit. These units will notify the
Officer in Charge (OIC) if a disc is taken for evidence.
1)
The shift OIC will document discs taken as best evidence
on Form MVR3, MVR Tape/DVR Disc Custody Log, at the
district/section/unit of assignment.
2)
A best evidence MVR tape/DVR disc will not be returned to
the district of assignment. The district/section/unit taking
custody is responsible for its final disposition.
3)
Label a blank disc with the same equipment and tape/disc
number and put back into rotation.
Eyewitness ION DVR hard drives will be retained at the
district/section/unit of assignment. Video files needed as “best
evidence” will be downloaded from the hard drive to the server.
Duplicates of video files from the server will be made by or at the
direction of the requesting district/section/unit.
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c.
3.
1)
The district/section/unit receiving the Form 606 will ensure
Form DVR-HD, DVR Hard Drive Log, is completed.
2)
A best evidence video file will not be returned to the district
of assignment. The district/section/unit taking custody is
responsible for its final disposition.
Officers requesting duplicates of discs, or video files for personal
use must submit their request through Records Section.
Outside requests must also be submitted on a Form 606 through
Records Section to the district/section/unit maintaining the original
disc, or video file. OVI recorded events will only be released with the
approval of the prosecutor.
a.
When a request for a disc or video file is made from outside of
the Department, a second copy of the disc or video file will be
made and maintained in a file at the district for one year.
4.
Duplicate discs or video files will be made with the approval of the
district/section/unit commander.
5.
Additional blank discs can be obtained at the Supply Unit.
6.
Requests from the Prosecutor’s Office for “ACE” Tapes, Discs, or
Video Files.
7.
a.
The Prosecutor’s Office will contact the Court Property Unit and
request a copy of an “ACE” tape, disc, or video file.
b.
Court Property Unit will complete and file the Form 606, make a
copy of the tape, disc, or video file and arrange for delivery to
the Prosecutor’s Office.
Requests from the Prosecutor’s Office for duplicates of all other
tapes, discs, or video files.
a.
The Prosecutor’s Office will contact a district/section/unit
administrative assistant or supervisor to determine if a tape,
disc, or video file of the incident in question exists.
b.
If a tape, disc, or video file exists, follow section D.1.a. Make an
extra copy for the Prosecutor’s Office and arrange for the
delivery of the tape or disc.
1)
c.
Indicate on the Form 606 that an extra copy was made and
delivered to the Prosecutor’s Office.
If no tape, disc, or video file exists, the administrative assistant
or supervisor will notify the Prosecutor’s Office and advise them
no tape, disc, or video file exists.
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8.
F.
Media requests for tapes, discs, or video files will be referred to and
handled by the Public Information Office (PIO). Districts will release a
duplicate of tapes, discs, or video files to PIO upon request.
Supervisory Responsibilities
1.
All district supervisors will:
a.
Ensure officers follow established procedures for the use and
maintenance of DVR equipment, discs, and hard drives, and the
completion of DVR documentation.
b.
Ensure the 90-day retention period has been met before
installing the next sequential disc.
1)
If the DVR disc is available for use, it must be completely
erased before re-installing into the recorder.
a)
2)
If the 90-day retention period has not been met, the next
sequential spare disc must be used instead.
3)
Hard drives with video files downloaded to the server are
automatically available for immediate re-use.
a)
c.
d.
Fill out Form MVR1, In-car Camera Tape/Disc Log,
or Form MVR2, In-car Camera Spare Tape/Disc Log,
completely and accurately each time a disc or spare
disc is changed.
Video files held in the server are retained for 90 days.
Insure hard drive video files are successfully down loaded to the
server.
1)
Removed hard drives unable to be downloaded before the
end of the shift due to exigent circumstances must be
placed in a property locker. Make a blotter entry
documenting the reason the download could not be
performed.
2)
Fill out a Form DVR-DH, DVR Hard Drive Log, completely
and accurately each time a hard drive is changed.
Assign police vehicles with faulty or no DVR equipment as a last
resort.
1)
Supervisors will note in their rounds why equipment without
functioning DVR equipment was used.
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e.
2.
Each relief OIC will ensure a supervisor randomly selects a DVR
disc, or video file to review per shift. During that review, a
specific incident will be identified and reviewed in its entirety and
the results will be documented on Form MVR4, Supervisor’s
Daily Review of DVR, and Video File. These reviews will be
conducted for training and integrity purposes.
1)
Supervisors will not review incidents known to have been
previously reviewed. Supervisors will not include the
review of any incident occurring during their current shift
which was reviewed in accordance with procedure, e.g.,
vehicle pursuits, use of force, etc.
2)
Supervisors conducting these reviews will file the Form
MVR4 in a separate logbook maintained by the affected
district/section/unit.
3)
Supervisors will conduct periodic and random inspections
of DVR equipment to confirm it is in proper working order.
Each district/section/unit will designate one supervisor to be in charge
of DVR equipment, disc, and hard drive log maintenance. The DVR
supervisor will ensure:
a.
Every 30 days, an audit of the DVR log, spare DVR log, and
Hard Drive log is conducted. Ensure all DVR discs, and hard
drives assigned to a district/section/unit are accounted for. Bring
discrepancies to the attention of the district/section/unit
commander.
1)
Any DVR disc found during this audit that has been
retained for more than 90 days will be manually erased and
returned to the disc rotation.
a)
b.
Damaged or nonfunctional DVR equipment is tracked and sent
for repair or replacement.
c.
Assigned DVR discs and hard drives are replaced as necessary
to maintain video/audio clarity.
1)
3.
Video files not flagged for review will be automatically
erased from the server after 90 days.
If the DVR disc is not clear or causes any malfunction, do
not use it. Replace with a new disc. DVR discs used for
more than ten rotation cycles will be checked to ensure
video and audio clarity.
During monthly vehicle inspections, the Vehicle Inspection Supervisor
will inspect DVR equipment to ensure the correct date and time are
displayed on the monitor.
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a.
4.
Each relief OIC will review two randomly selected DVR discs, or video
files per week for training issues. A minimum of 3 incidents per DVR
disc, or video files will be reviewed. Results will be noted in their
rounds.
5.
Supervisors will review the DVR discs or hard drives in all cars of all
officers listed in any Department report regarding any incident
involving:
6.
G.
Each January 1 and July 1, email a current list of DVR serial
numbers to Fleet Management Unit for tracking purposes. Serial
numbers are located on vaults which house the DVR disc, or
hard drive. (DVR vaults are located in the trunk of the vehicle.
ION DVR hard drive vaults are mounted between the driver and
passenger seats).
a.
Injury to Prisoners.
b.
Use of Force.
c.
Injury to Officers.
d.
Vehicle Pursuits.
e.
Police Officer Needs Assistance Runs.
f.
Citizen Complaints.
All reports submitted, related to the above incidents, should include
copies of the DVR or hard drives of all cars in which the incident is
captured on video.
Maintenance, Repair, and Replacement
1.
Take malfunctioning DVR equipment to the Radio Shop at 1106 Bates
Avenue for repair. This service is available Monday through Friday,
from 0830 to 1630 hours.
2.
The Radio Shop is the liaison with the DVR vendors. The Radio Shop
will conduct all repair and replacement of DVR equipment.
3.
The storage, distribution, tracking and repairs of DVR equipment will
be designated in the district/section/unit Standard Operating
Procedures.
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12.538 SURVEILLANCE CAMERAS AND COMMUNITY
CAMERAS
Reference:
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage,
and Release
Definitions:
Surveillance cameras are used to monitor criminal activity in a particular area.
The system will not be used to infringe on an individual’s right to privacy.
Community cameras are a network of security cameras in business districts,
crime “hot spots” and targeted residential areas that are recorded over the
Internet. Neighborhoods and law enforcement can leverage the system for esurveillance, deterrence of criminal activities, and footage for prosecution of
captured criminal activities.
Purpose:
To establish a procedure regarding the use of community and surveillance
cameras.
To establish guidelines regarding the operation, tracking, security, and
maintenance of the community and surveillance systems, and data.
Policy:
All images, videotapes, and compact discs are the property of the Cincinnati
Police Department and are not to be duplicated and/or used without
authorization.
All images, videotapes, and compact discs deemed to have evidentiary value
necessary for prosecution of captured criminal activities will be treated as
evidence.
Any maintenance or service of the community cameras or the surveillance
cameras will be performed by authorized service technicians only.
Procedure:
A.
Surveillance Cameras
1.
Operating Surveillance Camera Equipment
Rev. 08/10/04, Replaces 4/99
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12.538
a.
2.
Surveillance camera equipment, installed at the front desk, is the
responsibility of the officer assigned to the front desk and will be
operated according to manufacturer’s recommendations.
1)
Volunteers may assist desk officers.
2)
A supervisor must approve any demonstration of the
system.
b.
Keep one copy of the owner’s manual at the front desk at all
times. Store additional copies in the Administrative Office.
c.
Front desk personnel will immediately contact a supervisor to
report any problems.
d.
Only a supervisor can direct personnel to reset the surveillance
camera equipment.
e.
Prior to the end of their tour of duty, desk personnel must
determine if the surveillance system equipment is working
properly and bring any problems to the attention of their
immediate supervisor.
1)
Make a blotter entry if the surveillance camera equipment
cannot be reset indicating the date and time the equipment
is placed out of service. The entry will also note if a service
representative was notified.
2)
If a service representative cannot be notified, a first shift
supervisor or the Administrative Assistant will ensure the
service representative is notified as soon as possible.
Criminal Activity
a.
Desk personnel will broadcast serious or violent
incidents/crimes.
b.
Suspicious activity
1)
Contact Police Communications Section (PCS) by phone to
report suspicious activity.
2)
Send a follow-up Mobile Data Terminal (MDT) message to
all district cars, from the desk officer, using the MDIST1,
MDIST2, MDIST3, MDIST4, OR MDIST5 format giving an
accurate description of the individual(s) and activity.
Rev. 08/10/04, Replaces 4/99
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12.538
c.
3.
Make blotter entries for any arrest or serious activity captured by
a surveillance camera.
Security
a.
Video tapes
1)
Storage and security of the tapes are the responsibilities of
the Administrative Assistant.
a)
4.
Store tapes in a secure area.
2)
Change tapes every 24 hours at the beginning of first relief.
3)
Rotate tapes every 14 days.
a)
Label tapes Sunday through Saturday and rotate in
daily order.
b)
Keep three spare tapes on hand.
Request For Tapes
a.
Due to the rotation of tapes, any request for a tape must be
made prior to the end of the 14-day retention period.
b.
Submit Department requests for copies of tapes on a Form 606,
Video/Audio Recording Form to the district where the tape is
assigned or stored. Any outside requests must also be submitted
on a Form 606, through Records Section to the district
maintaining the original recording.
c.
Make duplicate tapes only after the approval of the district
commander.
d.
Maintain a tape control log book at each district to track the
location of copied tapes. Restrict access to tapes to supervisory
personnel only.
1)
Maintain the Form 606 at the district for cross reference
purposes.
2)
Retain the original tape at the district of assignment.
Rev. 08/10/04, Replaces 4/99
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12.538
e.
When a request for a tape is made from outside of the
Department, make and maintain a second copy of the tape in
the file at the district for one year.
f.
Court tapes
1)
5.
Supervisor Responsibilities
a.
B.
When tapes are held for court, the officer/supervisor will
complete the Form 606 and the copied video will be
processed in accordance with Procedure 12.715 - Property
and Evidence: Accountability, Processing, Storage, and
Release
Supervisors will ensure:
1)
All personnel follow established procedure for use of the
surveillance system equipment.
2)
Damaged equipment is repaired or replaced as needed.
3)
An adequate supply of blank tapes is maintained.
Community Cameras
1.
Operating Community Cameras
a.
Community camera software will be installed on a computer at
the following Department locations:
1)
Police Communications Section (PCS)
2)
Districts 1, 2, 4, and 5
3)
a)
Neighborhood Squad
b)
Investigative Unit
c)
Violent Crimes Squad
Central Vice Control Section
a)
General Vice Enforcement Unit (GVEU)
b)
Street Corner Unit (SCU)
Rev. 08/10/04, Replaces 4/99
4
12.538
b.
2.
3.
The officer using the community camera is responsible for
operating the equipment according to the vendor and
manufacturer’s recommendations.
1)
Officers may be assisted by trained community volunteers.
A list of approved volunteers is available through the COP
Coordinator’s office.
2)
A supervisor must approve any demonstration of the
system.
c.
Keep a copy of the community camera instruction manual at
each computer terminal. Request additional copies through the
COP Coordinator’s Office.
d.
Officers using the community camera will immediately contact the
COP Coordinator’s Office to report any problems.
1)
Make a blotter entry if the community camera is not
operational indicating the date and time the equipment is
taken out of service and whether the vendor’s technical
support was notified.
2)
CitiWatcher technical support can be contacted at 877724-8928.
Criminal Activity
a.
The officer observing the activity will immediately broadcast
serious or violent incidents/crimes over the radio.
b.
Contact PCS by phone to report any suspicious activity.
c.
Make blotter entries for any arrest or serious activity captured by
a community camera.
Security
a.
Store images from community cameras for a period of ninety
(90) days.
1)
All images are the property of the Department and are
stored by CitiWatcher.
Rev. 08/10/04, Replaces 4/99
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12.538
4.
Request for Images
a.
Images for the immediate seven (7) day period can be accessed
through the Internet by those officers trained to use the
community camera system by completing the Footage Request
Form.
b.
Submit requests for images on a Footage Request Form
available on the website. Any outside agency requests must be
submitted on a Form 606, through Records Section.
c.
Maintain an image control log book at each district/section to
track the location of copied incidents.
1)
d.
When a request for an incident is made from outside of the
Department, make and maintain a second copy of the incident in
the file at the district where the incident was captured.
e.
Court disc(s)
1)
5.
Maintain the Form 606 at the district for cross reference
purposes.
When discs are held for court, the officer/supervisor will
complete the Form 606 and the disc(s) will be processed in
accordance with Procedure 12.715 - Property and
Evidence: Accountability, Processing, Storage, and
Release
Supervisor Responsibilities
a.
Supervisors will ensure:
1)
All personnel follow established procedure for use of the
community camera equipment.
2)
Damaged equipment is repaired or replaced as needed.
Rev. 08/10/04, Replaces 4/99
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12.539
12.539 USE OF DEPARTMENT ISSUED BODY WIRES
References:
Procedure 12.131 – Confidential Informant Management and Control
Manual of Rules and Regulations: 1.02, 1.16, 1.21, 1.31, 7.01, 7.04
Standards Manual - 15.5.2, 17.5.3, 43.1.4, 51.1.2
Ohio Revised Code 2933.51-66 – Wiretapping, Electronic Surveillance
Title 47 Code of Federal Regulations, Part 90.20
Title XVIII U.S. Code, Section 2511 – Interception of Wire, Oral, and Electronic
Communications
Definition:
Body Wires - include any device or system, normally designed for concealed
wear on the body, that is capable of transmitting, receiving, or recording oral
communication.
Purpose:
To provide for the safe, legal, and effective use of Department issued body wires.
To ensure that access, use, and storage of this equipment is properly managed.
To ensure that officers are properly trained in the operation of these devices and
have knowledge of the state and federal laws governing their use.
Policy:
Officers operating body wires must strictly adhere to all laws regulating their use.
Officers must be aware that at least one party to a conversation must consent to
its recording and/or transmission in the absence of an interception search
warrant pursuant to O.R.C. 2933.53.
Officers certified under O.R.C. 2933.64 may apply for a court order authorizing
the use of a concealed transmitter or recorder without a consenting party
present.
Officers will only use these systems during official investigations and with prior
supervisory approval.
Each District/Section/Unit that utilizes body wires will establish a Standard
Operating Procedure (SOP). The SOP will provide unit specific information and
instruction regarding the control, operation, and storage of the system.
New 11/01
1
12.539
Procedure:
A.
Training:
1.
Permit only personnel that are trained in the use of body wires to
operate the equipment.
a.
2.
B.
This training will be specific to the type and model of body wire
used by that District/Section/Unit.
Each District/Section/Unit will maintain a list of trained personnel.
Operational and Officer Safety Considerations:
1.
Conduct an operational test of the body wire before each use.
2.
During field operations, a minimum of two officers is needed to
monitor and, if a recorder is used, record audio transmissions at the
receiver site.
a.
One officer will operate the recorder, if used, and monitor the
transmissions.
b.
One officer will relay information to other officers on the
surveillance.
3.
Two officers are not needed at the receiver site if other officers on the
surveillance have scanners capable of monitoring the transmissions.
4.
The body wire transmitter should be worn on an undercover officer
whenever possible.
a.
The transmitter may be worn by a confidential informant (CI)
subsequent to completion of a Form 281, Concealed Transmitter
and Recording Consent.
5.
If the transmitter cannot be worn on the body, the consenting party
must be close enough to the transmitter to overhear any conversation
it may pick up.
6.
A transmitter or recording device cannot be left unattended in the ON
position.
a.
New 11/01
Conversations recorded without the consent of at least one party
to that conversation are not admissible in court and may subject
the offender to criminal prosecution.
2
12.539
C.
Storage:
1.
Store body wire equipment in a locked office or locker accessible only
by a supervisor or his designee.
a.
2.
Remove all batteries from the equipment before storage.
Complete a blotter entry detailing each use of the body wire
equipment. This entry will include:
a.
Time In/Out
b.
Name of officer(s) using the equipment
c.
Signature of supervisor approving the use
d.
Reason for use
3.
Monthly, a District/Section/Unit supervisor, or his designee, will
inspect the body wire equipment ensuring it is maintained in a state of
operational readiness.
4.
Store any recorded intelligence information separately from all other
records. Distribute only to criminal justice agencies on a need to know
basis.
New 11/01
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12.545
12.545 USE OF FORCE
Reference:
Graham vs. Conner, 490 US 386, 396 (1989)
Tennessee vs. Garner, 471 US 1 (1985)
Manual of Rules and Regulations - 1.01, 1.21, 1.22, 1.23, 1.24, 1.25, 2.12,
2.26A&B, 4.05
Procedure 12.140, Canine Operations
Procedure 12.150, Plan for Control for Disorders at Hamilton County Adult
Correctional Facilities
Procedure 12.155, Juvenile Youth Center Disorders
Procedure 12.170, Civil Disturbance Operation Procedure
Procedure 12.550, Discharging of Firearms by Police Personnel
Procedure 12.554, Investigatory Stops
Procedure 12.600, Prisoners: Securing, Handling, and Transporting
Procedure 12.625, Flying Armed on Official Business
Procedure 12.905, Fingerprinting and Photographing of Juveniles
Procedure 15.100, Citizen Complaints
Procedure 19.106, Post Critical Incident Trauma
Procedure 19.110, Peer Support Crises Intervention Team
Definitions:
Actively Resisting - when the subject is making physically evasive movements
to defeat the officer’s attempt at control, including bracing, tensing, pushing, or
verbally signaling an intention to avoid or prevent being taken into or retained in
custody.
Choke Holds - the courts could consider a choke hold or other similar type holds
as deadly force. Choke holds are prohibited unless a situation arises where the
use of deadly force is permissible under existing law and Department policy. The
use of any type choke hold to prevent the swallowing of evidence is prohibited.
Carotid Artery – A collection of nerves continues along the carotid artery located
on the side of the neck and extends from the lower jaw bone to the collar bone.
Brachial Nerve – Part of the central nervous system which is located along the
inner arms, extending from the armpit to the elbow.
Common Peroneal Nerve - Part of the central nervous system which is located
along the outer legs, extending from the knee to the ankle.
Crowd Management - the observing, monitoring, and facilitating the activities of
persons assembled.
Crowd Control - the use of police action to stop the activities of persons
assembled.
Deadly Force - force likely to cause, or capable of causing, death.
Escorting - the use of light pressure to guide a person or keep a person in place.
Revised 05/05/09, Replaces 08/12/08
1
12.545
Force - any physical strike, instrumental contact with a person, or any significant
physical contact that restricts movement of a person.
The term includes, but is not limited to the use of: firearms, Tasers, chemical
irritant, choke holds or hard hands, the taking of a subject to the ground, or the
deployment of a canine. The term does not include escorting or handcuffing a
person with no or minimal resistance.
Hard Hands - the use of physical pressure to force a person against an object or
the ground, use of physical strength or skill that causes pain or leaves a mark,
leverage displacement, joint manipulation, pain compliance, and pressure point
control tactics.
Original documents - photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Serious Use of Force - any action that involves: a critical firearm discharge; the
use of deadly force; a baton strike to the head; or a use of force in which the
person is seriously injured or requires hospital admission, with the exception of
individuals admitted for psychiatric evaluation not suffering a serious injury.
Self-Defense - the act of protecting oneself or another from physical harm or
serious physical harm.
Serious Injury/Serious Physical Harm to Persons - any of the following:
•
•
•
Any physical harm that carries a substantial risk of death.
Any physical harm that involves some permanent incapacity, whether
partial or total, or that involves some temporary, substantial incapacity.
Any physical harm that involves some permanent disfigurement or that
involves some temporary, serious disfigurement.
Use of Force in Crowd Management and/or Control - Officers will not initiate
the use of force or chemical irritant against crowds or a group of individuals
except when reasonable and necessary to protect the officer, the subject, or
another party from a risk of death or physical harm; or is necessary to effect the
arrest of an actively resisting subject; or to prevent the escape of that subject.
Officers encountering crowds will evaluate the situation and determine if there is
a current or future need requiring crowd control or crowd management. Prior to
police action, the officers will immediately summon a supervisor to the scene. If
crowd control is or will be required, the supervisor will summon a command
officer to the scene. Once on the scene, the command officer will direct all police
action and authorize the use of weapons, tools, or tactics needed to resolve the
situation. The approval of a supervisor is required any time chemical irritant is
used against a crowd, absent exigent circumstances.
Use of force (including the beanbag shotgun, the 40mm foam round and the
PepperBall launcher) as well as the use of chemical irritant during periods of civil
unrest or for crowd management is restricted. A command officer must be
present and must authorize the deployment of these devices, absent exigent
circumstances.
Revised 05/05/09, Replaces 08/12/08
2
12.545
Command officers must give verbal notice prior to deploying these devices into a
crowd unless it would present a danger to the officer or others to give such a
warning.
Any deployment of the beanbag shotgun, 40mm foam round, or PepperBall
launcher during crowd management/control requires:
•
Specific targeting of a subject by the officer.
•
Under no circumstances should any of these devices be deployed into a
crowd without first identifying a specific target that represents an imminent
risk of death or physical injury to the officer or others.
•
The officer must be reasonably sure that the weapons will not strike other
individuals in the crowd who pose no threat of violence.
If demonstrators or protesters are in a place they have a legal right to be and are
conducting themselves in a non-violent and lawful manner, an officer cannot
make their conduct criminal by ordering them to disperse and arresting them if
they refuse.
Resistive Tension: Subject fails to comply with verbal commands from an officer
to submit to arrest and makes body rigid by tensing the muscles. Can be full
body resistance or a particular body part. Goal of the action is to prevent control
by means of superior strength. Conspicuously Ignoring: Subject fails to comply
with verbal commands from an officer to submit to arrest and fails to respond to
questions or orders, refuses to acknowledge the officer’s presence, engages in
other activities, or attempts to leave the area.
Exaggerated Movement: Subject fails to comply with verbal
commands from an officer to submit to arrest and exhibits rapid body
movements, such as flailing of the arms, excited pacing, bouncing or
similar actions. Actions are often behavioral cues indicating
preparation for physical exertion to avoid having the officer take
control.Combative/Assaultive: Subject fails to comply with verbal
commands from an officer to submit to arrest and attempts, threatens
or succeeds in physically assaulting an officer or another person by
means of body weapons (hands, feet kicks, punches, elbow strikes
spitting, biting etc.)Armed: Subject fails to comply with verbal
commands from an officer to submit to arrest and displays or claims to
possess a weapon, threatens to obtain or use a weapon, makes overt
actions consistent with being armed, or is reported to be armed.
Excessive Emotional Tension: Subject fails to comply with verbal commands
from an officer to submit to arrest and is belligerent, yelling or argumentative
towards the officer or another person. Actions are often behavioral cues
indicating preparation for physical exertion to avoid having the officer take
control.Ceased All Movement: Subject fails to comply with verbal commands
from an officer to submit to arrest and abruptly stops all movement. This is often
a behavioral cue that the subject is forming a plan to resist the officer.
Information:
Information:
Revised 05/05/09, Replaces 08/12/08
3
12.545
Beanbag shotgun and 40mm foam rounds: The beanbag shotgun and 40mm
foam rounds are impact projectile devices that offer a less lethal alternative for
subduing or incapacitating a subject to prevent imminent physical harm, while
maintaining officer safety.
These types of police tools have been designed for law enforcement to assist in
resolving situations which could otherwise result in the use of deadly force.
They are designed to enable officers to subdue or incapacitate a subject while
preventing imminent physical harm to the officer or another person due to the
ability to maintain greater distance between officers and the subject. Most of the
time, these tools are used when a subject is armed with, or simulating the
possession of, a potentially deadly instrument. These subjects are often
emotionally disturbed, intoxicated, or suicidal. These tools are designed to deescalate the deadly force potential and allow the subject to be controlled with a
lower level of force.
Use of these types of tools is reasonable in situations when allowing the subject
to leave would pose an imminent continuing threat to others, including the
subject.
These types of impact projectiles may not be used to prevent theft or minor
vandalism.
Beanbag shotgun and 40mm foam rounds may only be used to subdue or
incapacitate a subject to prevent imminent physical harm. In certain
circumstances, it may be inappropriate to use these impact projectile tools, even
if the only alternative is to allow the subject to escape. Officers must consider
the severity of the crime, whether the subject poses an immediate threat of
imminent physical harm to officers or other persons, and whether the subject is
actively resisting arrest.
Revised 05/05/09, Replaces 08/12/08
4
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Chemical irritant: Chemical irritant offers a non-lethal alternative for controlling,
subduing, or apprehending a suspect(s). Chemical irritant leaves an invisible
ultraviolet, light-sensitive dye on an individual, which can aid in identification.
The use of chemical irritant, including the use of chemical irritant against a crowd
or a group of individuals is only permitted in those cases in which such force is
necessary to protect the officer, the subject, or another party from physical harm;
or is necessary to effect the arrest of an actively resisting subject; or prevent the
escape of that subject.
Chemical irritant or the X26 Taser (in the drive stun mode) is the primary
response to prevent persons from swallowing evidence or contraband. The use
of chemical irritant or the X26 Taser (in the drive stun mode) on an individual
attempting to swallow evidence or contraband is only permitted when all of the
following apply:
•
There is a clear indication that the object or substance in the subject’s mouth
is contraband and;
•
There are exigent circumstances such as the imminent destruction of
evidence or medical emergency and;
•
The officer has issued verbal commands to spit out any contraband and the
subject refuses to comply.
Personnel may only use chemical irritant to control a resisting subject when
verbal commands and other techniques that do not require the use of force would
be ineffective or where issuing verbal commands would present a danger to the
officer or others.
When possible, a verbal warning must be issued to the subject that chemical
irritant will be used prior to the use of chemical irritant unless exigent
circumstances exist that would make it imprudent to do so. When possible, the
officer will defer using chemical irritant for a reasonable time to allow the subject
to comply with the warning. Chemical irritant should only be aimed at the
subject’s face and upper torso.
Employee Tracking Solution: If the Employee Tracking Solution (ETS) is down
due to maintenance or mechanical problems, supervisors should document a use
of force incident on the appropriate form on the H: drive. Supervisors should
complete a draft copy of the use of force report and fax it to the required units.
Supervisors should then retain the draft document until ETS is operational, at
which point the information from the draft document should be entered into ETS
and processed according to this procedure.
Monadnock AutoLock Batons: Monadnock AutoLock batons are impact tools
that offer a less lethal method for subduing and apprehending violent and/or
actively resisting subjects. Compared to empty hand counter strikes, the baton is
less likely to cause injury to the officer and provides added distance from the
subject. Officers should target center mass of a subject’s torso, arms, and legs,
and avoid the subject’s head, throat, neck, heart, and groin, unless threatened
with serious physical harm.
Revised 05/05/09, Replaces 08/12/08
5
12.545
PepperBall: The PepperBall launcher is a non-lethal tool that provides another
alternative to assist in apprehending violent and/or actively resisting individuals
while maintaining officer safety. This impact and chemical irritant device is
capable of incapacitating subjects, thereby reducing their ability to continue
aggressive action.
X26 Taser: The X26 Taser is an electronic control device that is a non-lethal
force alternative used to assist officers in the performance of their duties. The
X26 Taser is designed to temporarily immobilize a non-compliant, violent or
potentially violent subject. It generates electricity in a small, hand-held, battery
operated unit about the size of a handgun.
When properly used, the X26 Taser generates an electrical current that
dominates the existing neuromuscular and sensory nervous system. Subjects
become physically incapacitated and unable to control muscle movement,
allowing officers to gain control.
The X26 Taser may be used in situations where time and conditions permit. It
can be an extremely effective control device for close range incapacitation.
When deploying a cartridge from the X26 Taser, it should never be aimed at the
subject’s head, neck, eyes, or groin. When deployed in the drive stun mode, the
neck and groin areas are acceptable targets.
Each X26 Taser has an internal tracking chip. This chip stores the time and date
of the last 2000 times the trigger was engaged on the X26 Taser. Supervisors
can retrieve information stored in the data chip by connecting to the data port on
the rear of the weapon and downloading the information into the Department’s
computer system.
Each January 1, April 1, July 1, and October 1, supervisors will download the
previous three months’ data stored on the X26 Taser data chip of their personnel.
The downloaded information will be stored in the “Taser_Downloads” folder
located on the H: drive. Instructions for electronically saving downloaded data
can be accessed by opening the PDF file titled, “Taser_Download instructions”
located in the “Taser_Downloads” folder on the H: drive. The downloaded Taser
information is also to be printed out and stored separately in a file at the officer’s
unit of assignment.
District/section/unit commanders will ensure a supervisor reviews each quarterly
download for activations not consistent with daily spark tests or previously
documented use of force incidents. The following activations require the
investigating supervisor to provide a brief hand-written response on the quarterly
Taser download sheet justifying the activation, including the corresponding ETS
number, if applicable
• Activations lasting ten seconds or longer in duration.
• Three or more consecutive activations with minimal time in between the
activations.
Unresolved activations which require further investigation must be documented
on a Form 17 to the Police Chief.
Revised 05/05/09, Replaces 08/12/08
6
12.545
Use of Force Review Board: The Use of Force Review Board will conduct
comprehensive reviews of the following use of force incidents:
•
a use of force resulting in hospitalization or serious injury to a subject or
police officer involved in a use of force incident;
•
a use of force that includes a citizen’s complaint of unnecessary or
excessive force by an officer;
•
any use of force incident recommended for review by a
district/section/unit commander and approved by the Police Chief.
Use of force incidents involving the discharge of firearms by police are not
included in this process and are addressed by the Firearms Discharge Board
(Procedure 12.550). Uses of force involving beanbag and 40mm foam round
discharges are reviewable by the Use of Force Review Board.
The Use of Force Review Board consists of:
•
•
•
•
•
affected district/section commander;
one captain from Investigations or Patrol Bureau (rotating assignment);
Training Section Commander;
Inspections Section Commander;
one bureau commander (rotating assignment).
Internal Investigations Section will coordinate Use of Force Review Board action
and will schedule Review Board meetings and provide all documentation to
board members on cases assigned by the Police Chief.
The bureau commander will chair the Review Board meetings. The Review
Board will prepare a final report to the Police Chief containing a description of the
incident including all uses of force, a summary and analysis of all relevant
evidence, proposed findings, and analysis to support those findings.
The Review Board will determine whether all uses of force during the encounter
were consistent with Department policy and training, whether the involved
officers employed proper tactics, and whether lesser force alternatives were
reasonably available.
Policy:
Cincinnati police officers must recognize and respect the value and dignity of
every person.
In vesting officers with the lawful authority to use force to protect the public’s
welfare, a careful balancing of all human interests is required.
Courtesy in all public contacts encourages understanding and cooperation. The
most desirable method for effecting an arrest is where a suspect complies with
simple directions given by an officer.
Revised 05/05/09, Replaces 08/12/08
7
12.545
When officers are confronted with a situation where control is required to affect
an arrest or protect the public’s safety, officers should attempt to achieve control
through advice, warnings, and persuasion.
The suspect should be allowed to submit to arrest before force is used unless
this causes unnecessary danger to the officer or others.
When officers have a right to make an arrest, they may use whatever force is
reasonably necessary to apprehend the offender or effect the arrest and no
more. Just as officers must be prepared to respond appropriately to rising levels
of resistance, they must likewise be prepared to immediately de-escalate the use
of force as the subject de-escalates or comes under police control.
Officers must avoid using unnecessary violence. Their privilege to use force is
not limited to that amount of force necessary to protect themselves or others, but
extends to that amount reasonably necessary to enable them to effect the arrest
of a resistant subject.
Force situations often do not allow for an ordinal progression up a continuum of
force and officers must be ready to escalate or de-escalate as the situation
evolves.
Disengagement is a reasonable option in consideration of officer safety and the
necessity to apprehend immediately. Disengagement, area containment,
surveillance, waiting out a subject, summoning reinforcements, or calling in
specialized units may be an appropriate response to a situation and should be
considered.
Force options may be used simultaneously, for instance, combining verbal
commands with use of chemical irritant. The officer must choose the necessary
response based on law, department policy, training, and experience. The officer
must exercise proper use of force decision making, which means the use of
reasonable force, including proper tactics, and de-escalation techniques.
All members have a duty to ensure that the use of force and any citizen
allegation of excessive force are reported to the Police Department. Whenever
employees use deadly force, force, hard hand tactics, chemical irritant, the X26
Taser; or confront resistance that results in an injury or complaint of injury to a
citizen; or have knowledge of any of the above; or are aware of a citizen
complaint of excessive force, they will immediately notify a supervisor. The
supervisor or command officer investigating the incident must be of at least the
next higher rank than the officer(s) who used force.
The only exception is when a lieutenant uses force and there is no captain or
above working, but an acting Night Chief (lieutenant) is available. In this case,
the acting Night Chief can conduct the investigation.
Officers who use excessive force will be subject to discipline, possible criminal
prosecution, and/or civil liability.
Following any use of force resulting in a citizen’s injury, officers will ensure
appropriate first aid is rendered immediately once the incident scene is stabilized.
Revised 05/05/09, Replaces 08/12/08
8
12.545
Use of Force Continuum
SUBJECT RESISTANCE:
FORCE OPTIONS:
OFFICER/SUBJECT FACTORS:
Compliant/Cooperative
Subject complies with verbal commands and other
directions.
Officer presence
Physical size
Verbal skills
Influence of alcohol or drugs on subject
Uncooperative
Subject fails to respond to verbal commands or other
directions.
X26 Taser/Chemical irritant
Subject’s mental capacity or impairment
Escort techniques
Multiple suspects
Active Resistance
Subject is making physically evasive movements to defeat
the officer’s attempt at control, including bracing, tensing,
or pushing, or verbally signaling an intention to avoid or
prevent being taken into or retained in custody.
Balance displacement
Assault or Threat of Assault
Subject assumes fighting stance, charges, strikes or kicks an
officer or verbally or physically indicates an intention to
commit an assault combined with the subject’s capability to
assault.
Life Threatening Assault or Assault Likely to Cause
Serious Physical Harm
Subject commits an attack using an object, a weapon, or an
empty hand assault, wherein the officer reasonably believes
the assault will result in serious physical harm and/or death.
Hard hands (pressure points/strikes)
SPECIAL CIRCUMSTANCES:
Monadnock AutoLock batons
Environmental factors
PepperBall launcher (Non-lethal)
Beanbag shotgun (Less than lethal)
40mm foam round (Less than lethal)
Distance from subject
Deadly force
Proximity of weapon
Officer injury exhaustion
Officer on ground
Special knowledge
Crime involved
History/knowledge of subject
Each force situation is unique and this continuum is intended only as an illustration of the various force options that are available to an officer facing a given level of subject
resistance. This continuum is not intended to preclude a force option when that option would not exceed the amount of force reasonably necessary to affect a lawful arrest
(Graham v. Connor, 490 U.S. 386 (1989). Good judgment and the circumstances of each situation will dictate the level on the continuum of force at which an officer will start.
Depending on the circumstances, officers may find it necessary to escalate and de-escalate the use of force by progressing up and down the force continuum. It is not the intent
of this continuum to require officers to try each of the options before moving to the next, as long as the level of force used is reasonable under the circumstances.
Disengagement, area containment, surveillance, waiting out a suspect, summoning reinforcements, or calling in specialized units may be an appropriate response to a situation.
Revised 05/05/09, Replaces 08/12/08
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12.545
Procedure:
A.
Use of the X26 Taser
1.
2.
3.
4.
Use the X26 Taser to control actively resisting subjects, aggressive
non-compliant subjects, or violent or potentially violent subjects.
When possible, give the subject a verbal warning that the Taser will be
deployed unless exigent circumstances exist that would make it
imprudent to do so.
a.
Officers should avoid using the X26 Taser on obviously pregnant
females and those individuals under the age of 7 or over the age
of 70 due to the potential for these individuals to fall when
incapacitated by the Taser, unless the encounter rises to the
level of a deadly force situation.
b.
Officers should avoid using the X26 Taser on individuals who are
on an elevated surface unless the encounter rises to the level of
a deadly force situation.
Officers should, if possible, obtain backup before using the X26 Taser
to control the subject.
a.
Deploy personnel in such a manner that will enable them to use
other means to subdue the subject if the X26 Taser is ineffective.
b.
Officers will use caution and avoid standing near the subject.
Depressing the trigger on the X26 Taser will propel two darts from the
attached cartridge. Once the X26 Taser is fired, it will automatically
cycle for five seconds. The officer can turn it off before the fivesecond cycle stops. However, it is recommended that officers let the
X26 Taser cycle for the full five seconds to maximize its effectiveness.
Officers should give commands to the suspect and attempt to gain
compliance.
a.
It is necessary for both darts in a cartridge to hit some part of the
suspect's clothing or body for total incapacitation. However, if
only one dart penetrates the subject, the X26 Taser is only
partially effective. Should this occur and the subject continues to
act aggressively, place the X26 Taser against the subject’s body
to complete the circuit, causing complete incapacitation.
b.
The X26 Taser has a red dot laser and a built in flashlight that
activates as soon as the X26 Taser is turned on. Both of these
features can be deactivated, if desired.
If a first shot does not make contact or is ineffective, the officer may
reload and attempt a second shot. If the X26 Taser deployments do
not make contact or are ineffective, it may be used in the drive stun
mode. The X26 Taser can operate in the drive stun mode with or
without the fired cartridge attached. You cannot use the X26 Taser in
the drive stun mode on the neck or groin area with a non-fired
cartridge attached to the Taser.
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5.
a.
While operating the X26 Taser in the drive stun mode, the
carotid/brachial, groin, and common peroneal nerve are the
preferred target areas of the body. A drive stun is described as
pushing the X26 Taser aggressively against the subject’s body
while pulling the trigger. This will deliver a shock to that area of
the body. A drive stun is intended to gain compliance from
actively resisting subjects, aggressive non-compliant subjects,
violent or potentially violent subjects, and persons attempting to
swallow evidence or contraband.
b.
Due to the high voltage electronic spark of the X26 Taser, never
fire the X26 Taser near flammable materials (such as
chemical irritant with an alcohol-based propellant, gasoline,
kerosene, or in a natural gas environment).
c.
After an officer has fired an X26 Taser cartridge, a new cartridge
will be issued to the officer by their immediate supervisor.
When possible, avoid prolonged, extended, uninterrupted discharges
or extensive multiple discharges.
a.
6.
7.
Use of the Taser should be combined with physical restraint
techniques to minimize the total duration of the struggle and
Taser use.
1)
Additional officers on the scene of a Taser deployment can
attempt to restrain and handcuff a subject during an active
Taser cycle.
2)
Officers should transition to a different force option if
multiple Taser deployments fail to gain compliance or
continued Taser applications are not making sufficient
progress toward gaining compliance.
Discharging the X26 Taser at Animals
a.
The X26 Taser is an effective tool for stopping the aggressive
behavior of wild or potentially dangerous animals. The X26
Taser is especially effective for vicious and/or dangerous dogs.
b.
Officers using a Taser on an animal may need to adjust their aim
to ensure contact is made with both probes.
Medical Treatment
a.
Officers will obtain appropriate medical treatment for suspects
when necessary. After successful X26 Taser deployment,
request Cincinnati Fire Department (CFD) respond to evaluate
the subject.
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b.
Officers may remove darts embedded in a subject's skin using
the appropriate technique provided the darts are not embedded
in soft body tissue, i.e., genitals, breast tissue, or any area above
the collar bone.
1)
2)
B.
If the darts are embedded in the soft body tissue described
above:
a)
Transport to University Hospital for treatment and dart
removal any person 13 years of age and older.
b)
Transport to Children’s Hospital for treatment and dart
removal any person 12 years of age and under.
Used X26 Taser cartridges and darts are considered a
biohazard. Place the used cartridge and darts in a
biohazard receptacle at a fire station or hospital.
Use of Chemical Irritant
1.
When possible, a verbal warning must be issued to the subject that
chemical irritant will be used prior to the use of chemical irritant unless
exigent circumstances exist that would make it imprudent to do so.
2.
When feasible, officers will defer using the chemical irritant a
reasonable time to allow the individual to comply with the verbal
warning.
3.
Officers may only use chemical irritant on a restrained individual when
the restrained individual is likely to escape or suffer injury; or another
person is likely to suffer injury, absent the use of the chemical irritant.
4.
If it is necessary to use chemical irritant on a violent prisoner who is
handcuffed and in the rear seat of the police vehicle, officers will not
open the rear doors of the police vehicle to spray the prisoner.
Instead, officers will spray the prisoner through the protective screen.
a.
If the vehicle is equipped with a Plexiglas partition, officers can
either slide the partition to an open position and spray the
prisoner through the opening or spray the prisoner through the
rear door window nearest the prisoner’s face.
b.
This should be rare and used only after officers issue a verbal
warning and when other uses of force would be ineffective.
5.
When spraying chemical irritant, target an individual’s face and upper
torso. If possible, stay five to ten feet away from an individual and
administer the chemical irritant in 3 second bursts.
6.
Officers may not keep a sprayed individual in a face-down position
any longer than necessary to handcuff or end the threat of harm or
escape.
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7.
8.
Absent exigent circumstances, officers will offer to decontaminate
every sprayed individual within 20 minutes of the use of chemical
irritant.
a.
Expose individuals sprayed with chemical irritant to fresh air.
Give them an opportunity to rinse their face with plenty of clear,
cool water; or the use of a decontamination wipe.
b.
Individuals should not rub or hold their faces, or use any oils,
creams, or ointments.
Officers are required to request medical assistance for sprayed
individuals in the following circumstances:
a.
When the individual complains of continued effects after having
been decontaminated.
b.
The individual indicates that they have a pre-existing medical
condition that may be aggravated by the chemical irritant, e.g.,
asthma, emphysema, bronchitis, heart ailment, etc.
c.
Immediately request a supervisor and Cincinnati Fire
Department (CFD) respond to the scene if a person is suspected
of putting in their mouth, swallowing, or attempting to swallow
any substance or item suspected as capable of causing physical
harm, injury, or death.
1)
If necessary, CFD will transport the suspect for immediate
medical treatment. If CFD requests the Police Department
transport the suspect, officers will:
a)
Immediately transport to University Hospital any
person 13 years of age and older.
b)
Immediately transport to Children’s Hospital any
person 12 years of age and under.
Police officers have a number of options available when confronted
with a situation that requires use of force. Force decision making will
reflect not only the amount of resistance encountered but also factors
related to the officer and subject involved as well as circumstances in
the particular environment where the incident occurs. There may be
circumstances where the best option is to disengage and wait for
other officers, contain the individual without engaging him, or simply
wait him out.
Force situations often do not allow for a neat progression up a
continuum of force and officers must be ready to escalate or deescalate as the situation evolves. Force options may be used
simultaneously, for instance, combining verbal skills with use of
chemical irritant. The officer must choose the necessary response
based on law, department policy, training, and experience.
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C.
Force Options
Officer/Subject Factors
Officer Presence
Verbal Skills
Chemical Irritant
Assistance from other
Officers
Soft Hands (Escort,
Restrain)
Hard Hands (Pressure
Points, Strikes
PR-24 (Baton)
Less than lethal (taser,
beanbag shotgun, 40 mm
sponge round, pepperball)
Deadly Force (Firearm,
other)
Disengage
Physical Size
Alcohol/Drug Use
Mental Illness
Multiple Subjects
Special Circumstances
Environmental Factors
Distance from Subject
Injury or Exhaustion
Proximity of Weapon
Officer on the Ground
Special Knowledge
Use of PepperBall
1.
PepperBall launchers will be assigned to the districts at the discretion
of the Police Chief.
2.
The PepperBall round consists of a small, hard, plastic sphere
containing Oleoresin Capsicum (OC) pepper powder.
3.
The PepperBall launcher is a semi-automatic, shoulder-mounted, high
capacity weapon, powered by compressed air.
a.
Each district will be assigned one Self Contained Breathing
Apparatus (SCBA) compressed air tank and a PepperBall fill
adapter.
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b.
4.
5.
Only supervisors and officers trained in the use of PepperBall
launchers are permitted to use the weapons.
a.
The presence of a second officer is highly recommended in the
event the officer using the PepperBall launcher encounters lethal
resistance.
b.
If serious injury requiring hospitalization occurs from the use of
the PepperBall, follow the notification process for shots fired as
outlined in Procedure 12.550, Discharging of Firearms by Police
Personnel.
When using the PepperBall launcher, aim at center mass. Avoid the
head, neck, and groin areas, if possible. The effective range of the
PepperBall is 0 to 30 feet for targeting individuals; and up to 100 feet
for area saturation.
a.
Generally, four to ten rounds should be deployed at a subject.
More rounds may be utilized, if in the opinion of the officer, the
additional rounds will assist in gaining compliance of the
individual.
b.
Heavy clothing can hinder the effectiveness of the PepperBall
rounds. If a subject is wearing heavy clothing, consider targeting
the legs.
c.
Subjects struck with PepperBall rounds often lower their head
and turn away from the source of impact. It is important to
anticipate this reaction when employing PepperBall rounds.
d.
Decontamination for individuals exposed to PepperBall OC
powder is fresh air and clear, cool water.
6.
PepperBall rounds can be used to saturate an area with OC powder
by aiming the rounds at solid objects such as buildings, walls, or the
ground.
7.
After using the PepperBall launcher, and after the individual is under
control, inform onlookers that the PepperBall launcher is a non-lethal
alternative designed to apprehend individuals without causing serious
injury.
a.
D.
SCBA tanks can be refilled by the Cincinnati Fire Department at
their facility located on 5th Street at Central Avenue.
Officers are exempt from the notification requirements during
incidents involving civil unrest.
Use of Beanbag Shotgun
1.
Two supervisors' cars and ten beat cars in each district are equipped
with beanbag shotguns.
a.
Supervisors are responsible for loading beanbag shotguns.
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b.
2.
A beanbag shotgun shell is a standard 2 3/4 inch, 12 gauge shotgun
shell with a transparent hull.
a.
3.
Never load regular shotgun ammunition into beanbag shotguns
or vice versa.
Stocks on beanbag shotguns are orange and clearly labeled as
"less-lethal".
Beanbag shotguns will be carried with four rounds loaded in the
magazine tube and no round in the chamber. They will be stored decocked with the safety on, in secured boxes in the trunks of assigned
vehicles.
a.
A breakaway seal will be on each box.
b.
Do not remove and inspect the beanbag shotgun at the
beginning of each shift.
1)
Open the trunk and check the seal. If the seal is intact, the
weapon is ready to be used.
2)
If the seal is broken, call for a supervisor to inspect the
weapon and reseal the box.
4.
If the shotgun is removed during the shift, a supervisor must inspect
the shotgun and reseal it in the box.
5.
Supervisors will ensure beanbag shotguns are evenly disbursed
geographically throughout each district.
6.
Neither permission from, nor the presence of, a supervisor is required
for officers to use beanbag shotguns, except in crowd control
situations.
a.
The presence of a second officer is highly recommended in the
event the officer using the beanbag shotgun encounters lethal
resistance.
7.
Where the distance between the officer and the target makes it
practical, verbal warnings will be given prior to use, absent exigent
circumstances. When feasible, officers will allow a reasonable time
between the warning and use of the beanbag shotgun.
8.
When using a beanbag shotgun, the recommended distance is no less
than 20 feet and no more than 75 feet from a suspect. Beanbag
rounds have an optimal effective range of 20 to 50 feet with a
maximum effective range of 75 feet.
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9.
a.
Using a beanbag shotgun within 20 feet of an individual
increases the chance of serious injury. In cases involving selfdefense, defense of another, or a situation where the round is
used as an alternative to deadly force when deadly force would
be appropriate, the use of the beanbag round at a distance less
than 20 feet is acceptable.
b.
If serious injury requiring hospitalization occurs from using a
beanbag shotgun, follow the notification process for shots fired
as outlined in Procedure 12.550.
When using a beanbag shotgun, target a specific part of the body.
Avoid the head, neck, heart, and groin areas, if possible.
a.
Transport any person 13 years of age and older struck with a
beanbag round to University Hospital for medical evaluation.
b.
Transport any person 12 years of age and younger struck with a
beanbag round to Children’s Hospital for medical evaluation.
10.
While multiple beanbag rounds may be expended as necessary, no
more than two beanbag shotguns should be simultaneously deployed
on an individual.
11.
If four rounds prove to be ineffective, officers need to consider another
option.
12.
After using a beanbag shotgun, and after an individual is under
control, notify onlookers that a beanbag shotgun, not a regular
shotgun, was used. Inform the onlookers that the beanbag shotgun is
a less lethal alternative designed to apprehend individuals without
causing serious injury.
a.
E.
Officers are exempt from the notification requirements during
incidents involving civil unrest.
Use of 40mm Foam Round
1.
40mm foam round launchers are assigned to SWAT.
2.
The 40mm foam round consists of a soft rubber sponged nose
attached to a hard plastic carrier.
3.
The 40mm foam round launcher is a single shot, shoulder-mounted
weapon.
4.
Only SWAT officers trained in the use of the 40mm foam round
launcher are permitted to use the weapon.
a.
The presence of a second officer is highly recommended in the
event the officer using the 40mm foam round launcher
encounters lethal resistance.
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5.
b.
Where the distance between the officer and the target makes it
practical, verbal warnings will be given prior to use, absent
exigent circumstances. When feasible, officers will allow a
reasonable time between the warning and use of the foam
round.
c.
If serious injury requiring hospitalization occurs from using a
40mm foam round, follow the notification process for shots fired
as outlined in Procedure 12.550.
When using the 40mm foam round, target a specific part of the body.
Avoid the head, neck, heart, and groin areas, if possible. The 40mm
foam round will prove most successful for incapacitation when used
within its optimal energy range of approximately 10 to 75 feet,
although it may be used in situations from 5 to 120 feet.
a.
Take an individual struck with a 40mm foam round to University
Hospital for medical evaluation.
6.
If four rounds prove to be ineffective, officers need to consider another
option.
7.
After using the 40mm foam round launcher, and after an individual is
under control, inform onlookers that the 40mm foam round is a less
lethal alternative designed to apprehend individuals without causing
serious injury.
a.
Officers are exempt from the notification requirements during
incidents involving civil unrest.
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Policy:
Cincinnati Police Officers must recognize and respect the value and dignity
of every person. In vesting officers with the lawful authority to use force to
protect the public’s welfare, a careful balancing of all human interests is
required.
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Courtesy in all public contacts encourages understanding and cooperation.
The most desirable method for effectuating an arrest is where a suspect
complies with simple directions given by an officer.
When officers are confronted with a situation where control is required to
effect arrest or protect the public’s safety, officers should attempt to achieve
control through advice, warnings, and persuasion. The suspect should always
be allowed to submit to arrest before force is used, unless this causes
unnecessary danger to the officer.
When officers have a right to make an arrest, they may use whatever force is
reasonably necessary to apprehend the offender or effect the arrest, and no
more. Just as officers must be prepared to respond appropriately to rising
levels of resistance, they must likewise be prepared to immediately deescalate
the use of force as the subject deescalates or comes under police control.
They must avoid using unnecessary violence. Their privilege to use force is
not limited to that amount of force necessary to protect themselves, but
extends to that amount reasonably necessary to enable them to effect the
arrest of a resistant subject.
Service of court orders or arrest warrants will be done with extreme caution
and, when possible, only after adequate numbers of officers are on the scene.
The taser electronic control device may be used in situations where time and
conditions permit the consideration of an alternate force. The taser can be an
extremely effective control device for close range immobilization. Only
officers successfully completing the Department taser training program will
use the taser.
Beanbag shotguns, 40mm foam rounds and pepperball rounds may be used
anytime officers encounter individuals actively resisting arrest or threatening
harm to themselves or others. They may not be used to prevent theft or minor
vandalism.
If the offender resists, the officer may use such force as required under the
circumstances to overcome the resistance, even to the extent of taking life, if
that is necessary. They may not use deadly force merely to prevent escape in
misdemeanor cases.
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The use of deadly force to prevent escape of felony suspects is
constitutionally unreasonable except where the escape presents an immediate
risk of death or serious physical harm to the officer or another.
Where the suspect poses no immediate threat of death or serious physical
harm to others, the harm resulting from failing to apprehend the suspect does
not justify the use of deadly force to do so. If officers use unnecessary and
excessive force, or act wantonly and maliciously, they will be subjected to
disciplinary action, possible criminal prosecution, and/or civil liability.
When possible, personnel will use chemical irritant as the primary response to aggressive
citizen behavior when verbal commands and other techniques that do not require the use
of force would be ineffective, or where issuing verbal commands would present a danger
to the officer or others. Aggressive citizen behavior is defined as any citizen who displays
or engages in any of the following behaviors resistive tension, conspicuously ignoring,
exaggerated movement, combative/assaultive behavior, armed, excessive emotional
tension, subject ceased all movement, and/or subject has a violent history, as those terms
are further defined above.
Officers will sign the appropriate criminal charges following a use of chemical irritant or
force incident associated with the signing of a state mental hold.
A charge of Resisting Arrest is not appropriate when the only other action is the signing
of an Emergency Hospitalization Examination/state mental hold.Reporting Use of Force
Force used
Reporting requirement
Deployment of police canine (no bite).
Form 18C, explaining circumstances that led to
the deployment.
Escorting or handcuffing a person, with no or
minimal resistance.
No special reporting required other than the
narrative of the arrest report.
“Hard hands” use of force by means of leverage
displacement, joint manipulation, pain
compliance, or pressure point control tactics
without injury or complaint.
The arresting officer(s) are required to notify a
supervisor and document a narrative account of
the subject’s form(s) of resistance and the officer’s
specific defensive tactic used to overcome that
resistance in the narrative of the arrest report and
complete Form 18NC, Noncompliant
Suspect/Arrestee Report, to be reviewed and
approved by a supervisor. The use of force report
will require the officer to identify the events
leading up to the use of force and the supervisor
will be required to evaluate the tactics used by the
officer.
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“Hard hands” use of force with injury or
complaint of injury.
The arresting officer(s) are required to notify a
supervisor. The supervisor’s report will include
the following information in the narrative portion
of the report: description of the events leading to
the use of force; description of the subject’s
resistance; description of the use of force by
police to overcome resistance, including a
description of all empty hand controls used by the
officer; supervisor’s evaluation of the propriety of
the initial contact and the propriety of the use of
force; supervisor’s evaluation of a foot pursuit if
applicable.
Force using any physical strike or instrumental
contact with a person; chemical irritant; choke
holds; deployment of a canine resulting in a bite;
beanbag shotgun and 40mm foam rounds; X26
Taser; or PepperBall.
Supervisors will be called to the scene and
conduct a supervisory investigation including the
supervisor’s narrative description of the events
preceding the use of force, the officer(s)’
description of events, and audio taped statements
of all witnesses including the officer(s), subject(s),
medical treating personnel (if practicable), and
third-parties. For chemical irritant use and X26
Taser deployment, taped statements are only
required if the use occurs after handcuffing.
All serious uses of force (as defined in the
Definitions section) and canine bites that cause
serious injury or hospital admission.
CIS and IIS will respond to the scene and
investigate.
Procedure:F.
1.
2.
Reporting a Use of Force
The investigating supervisor will immediately notify the
district/section/unit OIC (officer in charge), or the Night Chief, if on
duty. The use of force will not be investigated by any officer who used
force or chemical irritant, whose conduct led to an injury to a prisoner,
or who authorized the conduct that led to the reportable incident.
a.
If none of the above are on duty, ensure the next command
officer who comes on duty is notified.
b.
Contact the Internal Investigations Section (IIS) Commander, the
Criminal Investigation Section (CIS) Commander, and the
officer's district/section/unit commander for all serious uses of
force and all canine bites which cause serious injury or hospital
admission.
c.
Contact the IIS Commander and the officer's district/section/unit
commander if more than the necessary amount of force appears
to have been used, or the injuries are inconsistent with the
reported force.
The supervisor will conduct a preliminary fact finding interview of
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witnesses and officers at the scene and search for evidentiary
materials. The supervisor will then conduct a thorough investigation
and evaluate the propriety of the action taken. The supervisor or
command officer investigating the incident must be of at least the next
higher rank than the officer(s) who used force. The only exception is
when a lieutenant uses force and there is no captain or above
working, but an acting Night Chief (lieutenant) is available. In this
case, the acting Night Chief can conduct the investigation.
a.
Other than a use of chemical irritant or Taser, a supervisor will
ensure neutral officers transport the prisoner to the appropriate
facility, if applicable.
1)
Officers may remove a prisoner to a safe location to
prevent an escalation of the incident.
b.
Detail supervisors will be responsible for the investigation of a
use of force involving officers under their supervision.
c.
A supervisor in the district where the force occurred will
investigate and report incidents when the officer is off duty.
1)
d.
If a use of force occurs outside the city limits, a supervisor
from the closest district will investigate the incident.
If an officer is involved in a use of force outside a 50-mile radius
of the city, the officer will immediately contact a Police
Communications Section (PCS) supervisor and notify him of the
use of force. The officer will leave a phone number where he
can be contacted.
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12.545
3.
PCS will contact the involved officer's assigned
district/section/unit commander and notify him of the
incident.
2)
The district/section/unit commander will call the officer to
determine the correct course of action.
After the preliminary fact finding interview, tape record all further
interviews with the arrested, civilian witnesses, and police officer
witnesses in incidents involving canine bites or the physical use of
force. Attach the interview tapes to the original report.
a.
4.
1)
The tape recorded interview will contain the following
information:
1)
Date, time, and location of interview.
2)
Interviewer's name and title.
3)
Reason for the interview, e.g., "I am investigating the arrest
of John Doe which took place at 1012 Ludlow Avenue."
4)
Identity of the person interviewed.
5)
Explanation of what happened with specific reference to
how the injury occurred. Do not ask leading or suggestive
questions.
b.
If more information is needed, ask the appropriate questions.
c.
Upon completion, conclude the taped interview by identifying
yourself, the person interviewed, and state the time, e.g., "This is
Sergeant Neudigate concluding this interview with Mr. John Doe.
The time is 2000 hours."
The investigating supervisor will interview and examine the subject of
the use of force. Be sure the arrested is fully aware of the
supervisor's rank and purpose of the interview. The supervisor is
responsible for examining the subject for any injuries and is
responsible to ensure that any necessary medical attention is secured.
a.
The investigating supervisor will take Polaroid photographs of
the subject. Take specific photos of any injury, or claimed injury,
to the subject.
1)
The investigating supervisor will record his name, badge
number, date, time and name of the subject on the
photographs. Attach the photographs to the original report.
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b.
Anytime the subject of a use of force goes to a hospital, a
supervisor will respond and:
1)
Ask permission of the medical staff to view the arrested to
note the total extent of the injuries.
2)
Interview the arrested, tape recording the interview.
3)
Interview the treating physician and include the diagnosis
in the report. Tape record the interview if the physician
permits it.
a)
5.
If the treating physician cannot release a diagnosis of
the subject’s injuries due to doctor-patient
confidentiality, the supervisor will note it in the report.
4)
If possible, obtain a hospital and Department release for
medical records from the arrested. Attach the release to
the original investigative report.
5)
Note on the Form 18F, Supervisor’s Use of Force
Investigation Report, if the subject refuses treatment at the
hospital.
If the arrested is seriously injured or admitted to a hospital,
immediately notify the district/section/unit commander of the involved
officer, the IIS Commander, the CIS Commander, and the Night
Chief/Duty Officer, if on duty.
a.
The Homicide Unit and IIS will conduct an investigation with the
assistance of the affected district/section/unit when the injury is a
result of the use of force.
1)
The district/section/unit commander will coordinate the
investigation in the absence of an IIS investigator.
a)
The CIS and IIS Commanders will forward all findings
and reports to the Police Chief’s Office through
command channels.
b)
When IIS or the Homicide Unit is conducting the use
of force investigation, the unit responsible for the
primary investigation will complete a Form 18F.
b.
If the arrested is admitted to a hospital for psychiatric evaluation
only without serious injury (PES, etc.), the above notifications are
not required.
c.
If the arrested remains at a hospital for observation purposes as
the result of the use of force, notify the affected bureau
commander and the Night Chief/Duty Officer who will determine
whether CIS and IIS will be notified.
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12.545
6.
The investigating supervisor will complete an appropriate Form 18F in
the Employee Tracking Solution (ETS).
a.
Ensure all blocks are completed. Multiple blocks may be
checked, as applicable, in the following defined categories:
• Ceased All Movement: Subject fails to comply with verbal
commands from an officer to submit to arrest and abruptly
stops all movement. This is often a behavioral cue that the
subject is forming a plan to resist the officer.
• Conspicuously Ignoring: Subject fails to comply with
verbal commands from an officer to submit to arrest and
fails to respond to questions or orders, refuses to
acknowledge the officer’s presence, engages in other
activities, or attempts to leave the area.
• Resistive Tension: Subject fails to comply with verbal
commands from an officer to submit to arrest and makes
their body rigid by tensing the muscles. This rigidity can be
full body resistance or a particular body part. The goal of
the action is to prevent control by means of superior
strength.
• Exaggerated Movement: Subject fails to comply with
verbal commands from an officer to submit to arrest and
exhibits rapid body movements, such as flailing of the
arms, excited pacing, bouncing or similar actions. Actions
are often behavioral cues indicating preparation for
physical exertion to avoid having the officer take control.
• Excessive Emotional Tension: Subject fails to comply
with verbal commands from an officer to submit to arrest
and is belligerent, yelling or argumentative towards the
officer or another person. Actions are often behavioral
cues indicating preparation for physical exertion to avoid
having the officer take control.
• Combative/Assaultive: Subject fails to comply with verbal
commands from an officer to submit to arrest and attempts,
threatens or succeeds in physically assaulting an officer or
another person by means of body weapons (hands, feet,
kicks, punches, elbow strikes, spitting, biting, etc.).
• Armed: Subject fails to comply with verbal commands
from an officer to submit to arrest and displays or claims to
possess a weapon, threatens to obtain or use a weapon,
makes overt actions consistent with being armed, or is
reported to be armed.
b.
Include concise statements addressing corroboration or
contradiction for each witness.
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12.545
c.
Type a brief summary of the use of force incident on the Form 18
that includes the following information:
1)
Decision to arrest, including the basis for the stop and
seizure.
2)
How the subject resisted arrest.
3)
Subject’s resistive behavior.
4)
Officer’s tactics and actions to counter resistance/assault.
5)
The supervisor’s analysis of the propriety of the officer’s
use of force.
6)
A statement indicating that the subject of the use of force
was interviewed as part of the investigation. Include the
identity of the supervisor who conducted the interview.
7.
If while investigating a use of force, an individual alleges excessive
force, the investigating supervisor will complete Form 648, Citizen
Complaint or Information, and include it in the use of force case folder.
The supervisor will investigate the complaint thoroughly while all
participants and witnesses are present. If the original use of force
does not require the investigation to be tape recorded, but there is an
excessive force allegation in conjunction with the use of force, the
supervisor will tape record the interview of the subject of the use of
force. This is only required when an excessive force complaint
accompanies a use of force investigation. The main focus of the
interview should be the complaint allegation, not the use of force.
Refer to Procedure 15.100, Citizen Complaints, for routing of the form.
8.
The investigating supervisor will ensure the completion of and sign the
Form 527, Arrest and Investigation Report, and Form 527A, Case and
Bond Information Sheet, listing the prisoner's physical condition. The
Form 527 will accompany the prisoner to Central Intake at the
Hamilton County Justice Center.
9.
Form 18F will be work-flowed to the assigned district/section/unit
commander through the chain of command.
a.
Upon work-flowing Form 18F, the investigating supervisor will
use the “Add Notification” function to include the following units:
1)
Internal Investigations Section.
2)
Inspections Section.
3)
Patrol Bureau.
Revised 05/05/09, Replaces 08/12/08
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12.545
b.
10.
If the Form 18F is not complete and the investigating supervisor
needs to retain the document to complete their investigation,
they should work-flow the document to themselves while still
notifying the above listed units by the “Add Notification” function.
Do not use the “Add Recipient” function.
The district/section/unit commander will review the original report and
complete a use of force supplement, which will be attached to the
appropriate use of force case folder in ETS. Within seven days, the
district/section/unit commander will forward the taped statements and
photos to the Police Chief's Office through the affected bureau
commander in a sealed envelope.
a.
Inspections Section will file the photographs and tapes.
11.
If an additional investigation is required, note it on the supplement.
12.
The investigating supervisor will make a blotter entry describing the
incident and action taken.
13.
Following each use of force investigation conducted by a supervising
officer, an officer at the rank of lieutenant or higher will review the
investigation, identify any discrepancies, and require the supervising
officer who conducted the investigation to correct any such
deficiencies. Appropriate non-disciplinary corrective action and/or
disciplinary action will be taken when a supervising officer fails to
conduct a thorough investigation or fails to properly adjudicate an
incident, or when a reviewing lieutenant neglects to recommend
appropriate corrective action.
B.
Use of the Taser:
1.
2.
3.
Use the taser to control violent or potentially violent
suspects under the following conditions:
a.
Attempts to subdue the subject by conventional
tactics are inappropriate or ineffective.
b.
There is reasonable expectation it will be unsafe for
officers to approach within contact range of the
suspect.
Officers should, if possible, obtain sufficient backup before
using the taser to control the suspect.
a.
Deploy personnel in such a manner that will enable
them to use other appropriate means to subdue the
subject if the taser is ineffective.
b.
Officers will use extreme caution and avoid standing
near the subject.
Depressing the taser release bar will propel two darts. The
darts pull two fine conducting wires from a cassette.
Revised 05/05/09, Replaces 08/12/08
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12.545
a.
b.
It is necessary for both darts in a cassette to hit some
part of the suspect's clothing or body for the taser to
be effective.
1)
If the suspect is wearing heavy clothing, the
taser may not be effective.
2)
If a first shot does not make contact or is
ineffective, attempt a second shot.
3)
If a second shot does not make contact or is
ineffective, end taser deployment.
Due to the high voltage electronic spark of the taser,
never test or fire it near flammable materials.
1)
4.
Medical Treatment Guidelines:
a.
Officers will obtain appropriate medical treatment for
suspects when necessary.
b.
Only medical personnel may remove darts embedded
in a subject's skin.
1)
5.
Do not use the department issued chemical
irritant and the taser simultaneously.
Transport the individual to University Hospital for
removal.
Charging and Care of the Taser:
a.
Designated vehicles in Park Unit, Traffic Unit, and the
districts are equipped with unloaded tasers.
Revised 05/05/09, Replaces 08/12/08
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12.545
1)
C.
Do not store taser cartridges at temperatures
above 150 degrees Fahrenheit. Extreme
temperatures can cause defects in the
cartridges. Supervisors will remove the taser
and cartridges from police vehicles not in use
when temperatures could exceed the
recommended storing temperatures.
b.
All districts, the Park Unit, and Traffic Unit have taser
battery chargers.
c.
When the taser is used, replace with a fully charged
battery. When used for a brief test activation, replace
the battery with a fully charged battery at shift
completion.
d.
Do not leave the same battery in a taser for more than
two weeks without recharging, even if the taser was
not used.
e.
Nickel cadium batteries are spent after 500 to 1000
charges. This equates to approximately six months
field use.
Use of Beanbag Shotgun
1.
2.
Two supervisors' cars and ten beat cars in each district are
equipped with beanbag shotguns.
a.
Supervisors are responsible for loading beanbag
shotguns.
b.
Never load regular shotgun ammunition into beanbag
shotguns or vice versa.
A beanbag shotgun shell is a standard 2 3/4 inch, 12 gauge
shotgun shell with a transparent hull for easy identification.
a.
3.
Stocks on beanbag shotguns are orange and clearly
labeled as "less lethal."
Beanbag shotguns will be carried with four rounds loaded
in the magazine tube and no round in the chamber. They
will be decocked with safety on, in secured boxes, in the
trunks of vehicles.
a.
A breakaway seal will be on each box.
b.
Do not remove and inspect the beanbag shotgun at
the beginning of each shift.
1)
Open the trunk and check the seal. If the seal is
intact, the weapon is ready to be used.
Revised 05/05/09, Replaces 08/12/08
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12.545
2)
If the seal is broken, call for a supervisor to
inspect the weapon and reseal the box.
4.
If the shotgun is removed during the shift, a supervisor
must inspect the shotgun and reseal it in the box.
5.
Supervisors will ensure beanbag shotguns are evenly
disbursed geographically throughout each district.
6.
Neither permission from nor the presence of a supervisor is
required for officers to use beanbag shotguns, except in
crowd control situations.
a.
The presence of a second officer is highly
recommended in the event the officer using the
beanbag shotgun encounters lethal resistance.
7.
Unless it would present a danger to the officer or another,
verbal warnings must be issued prior to use. Where
feasible, officers will allow a reasonable time between the
warning and use of the beanbag shotgun.
8.
When using a beanbag shotgun, an officer should be no
less than 20 feet and no more than 75 feet from a suspect.
Beanbag rounds have an optimal effective range of 20 to
50 feet with a maximum effective range of 75 feet
according to the manufacturer’s specifications.
a.
Using a beanbag shotgun within 30 feet of an
individual increases the chance of serious injury.
Revised 05/05/09, Replaces 08/12/08
31
12.545
b.
9.
If serious injury requiring hospitalization occurs from
using a beanbag shotgun, follow the notification
process for shots fired as outlined in Procedure
12.550.
When using a beanbag shotgun, aim at center mass. Avoid
the head, neck, and groin areas, if possible.
a.Take any individual struck with a beanbag round to
University Hospital for medical evaluation.
Formatted: Bullets and Numbering
10.
While multiple beanbag rounds may be expended as
necessary, no more than two beanbag shotguns should be
simultaneously deployed on an individual.
11.
If four rounds prove to be ineffective, officers need to
consider another option.
12.
After using a beanbag shotgun, and after an individual is
under control, immediately notify onlookers that a beanbag
shotgun, not a regular shotgun, was used. Inform the
onlookers that the beanbag shotgun is a less lethal
alternative designed to apprehend individuals without
causing serious injury.
a.
D.
Officers are exempt from the notification requirements
during incidents involving civil unrest.
Use of 40mm Foam Round
1.
A 40mm foam round launcher will be assigned to each district.
2.
The 40mm foam round consists of a soft rubber sponged nose attached to
a hard plastic carrier.
3.
The 40mm foam round launcher is a single shot shoulder mounted weapon.
a.
A holographic sight is attached to the launcher to assist with aiming and
shot placement.
4.
Only supervisors and officers trained in the use of the 40mm foam round
launcher are permitted to use the weapon.
a.The presence of a second officer is highly recommended in the event the
officer using the 40mm foam round launcher encounters lethal resistance.
Formatted: Bullets and Numbering
b.Unless it would present a danger to the officer or another, verbal warnings
must be issued prior to use. Where feasible, officers will allow a reasonable
time between the warning and use of the foam round.
Formatted: Bullets and Numbering
c.
If serious injury requiring hospitalization occurs from using a 40mm foam
round, follow the notification process for shots fired as outlined in Procedure
12.550.
5.
When using the 40mm foam round, aim at center mass. Avoid the head,
Revised 05/05/09, Replaces 08/12/08
32
12.545
neck, and groin areas, if possible. The 40mm exact impact sponge round
will prove most successful for incapacitation when used within its optimal
energy range of approximately 10 to 75 feet, although it may be used in
situations from 5 to 120 feet.
a.
Take an individual struck with a 40mm foam round to University Hospital for
medical evaluation.
6.
If four rounds prove to be ineffective, officers need to consider another
option.
7.
After using the 40mm foam round launcher, and after an individual in under
control, inform onlookers that the 40mm foam round is a less lethal
alternative designed to apprehend individuals without causing serious
injury.
a.
Officers are exempt from the notification requirements during incidents
involving civil unrest.
E.
Use of Pepperball
1.
Pepperball launchers will be assigned to the districts at the discretion of the
Police Chief.
2.
The Pepperball round consists of a small hard plastic sphere containing OC
pepper powder.
The Pepperball launcher is a semi-automatic shoulder mounted, high
capacity weapon powered by compressed air.
3.
a.
Each district will be assigned one SCUBA compressed air tank and a
Pepperball fill adapter.
b.
Any member of Cincinnati Fire Squad 52 can refill SCUBA tanks at the
firehouse at 5th and Central Avenues.
4.
Only supervisors and officers trained in the use of Pepperball launchers are
permitted to use the weapons.
a.
The presence of a second officer is highly recommended in the event the
officer using Pepperball encounters lethal resistance.
b.
If serious injury requiring hospitalization occurs from the use of Pepperball,
follow the notification process for shots fired as outlined in Procedure
12.550.
5.
When using Pepperball, aim at center mass. Avoid the head, neck and
groin areas if possible. The effective range of the Pepperball is 0 to 30 feet
for targeting individuals and up to 100 feet for area saturation according to
manufacturer’s specifications.
a.
Generally, four to ten rounds should be deployed at a subject. More rounds
may be utilized, if in the opinion of the officer, the additional rounds will
assist in gaining compliance of the individual.
Revised 05/05/09, Replaces 08/12/08
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12.545
b.
Heavy clothing can hinder the effectiveness of the Pepperball rounds. If a
subject is wearing heavy clothing, consider targeting the legs.
c.
Subjects struck with Pepperball rounds often lower their head and turn
away from the source of impact. It is important to anticipate this reaction
when employing Pepperball rounds.
d.
Decontamination for individuals exposed to Pepperball OC powder is fresh
air and clear cool water.
6.
Pepperball rounds can be used to saturate an area with OC powder by
aiming the rounds at solid objects such as buildings, walls or the ground.
7.
After using Pepperball, and after the individual is under control, inform
onlookers that Pepperball is a non-lethal alternative designed to apprehend
individuals without causing serious injury.
a.
Officers are exempt from the notification requirements during incidents
involving civil unrest.
F.
Use of Chemical Irritant:
1.
Unless it would present a danger to the officer or another, a verbal warning
to the individual that chemical irritant will be used must be issued prior to
use.
2.
Where feasible, officers will defer using the chemical irritant a reasonable
time to allow the individual to comply with the verbal warning.
3.
Officers may use chemical irritant on handcuffed or otherwise restrained
individuals to prevent injury to the individual or another person or to prevent
escape.
4.
If it is necessary to use chemical irritant on a violent prisoner after
handcuffing and placing him in the rear seat of the police vehicle, officers
will not open the rear doors of the police vehicle to spray the prisoner.
Instead officers will spray the prisoner through the protective screen.
a.
If the vehicle is equipped with a plexiglass partition, officers can either slide
the partition to an open position and spray the prisoner through the
opening, or through the rear door window nearest the prisoner’s face.
Revised 05/05/09, Replaces 08/12/08
34
12.545
5.
When spraying chemical irritant, if possible spray five to ten feet from an
individual using a 3 second burst(s). The target should be an individual's
face and upper torso.
6.
Officers may not keep a sprayed individual in a face-down position any
longer than necessary to handcuff or end the threat of harm or escape.
7.
Absent exigent circumstances, officers will offer to decontaminate every
sprayed individual within 20 minutes of the use of chemical irritant.
a.
Expose individuals sprayed with chemical irritant to fresh air. Give them an
opportunity to rinse their face with plenty of clear, cool water.
b.
Individuals should not rub or hold their faces, or use any oils, creams, or
ointments.
8.
Officers are required to request medical assistance for sprayed individuals
in the following circumstances:
a.
When the individual complains of continued effects after having been
decontaminated.
b.
The individual indicates that they have a pre-existing medical condition (e.g.
asthma, emphysema, bronchitis, heart ailment, etc.) that may be
aggravated by the chemical irritant.
G.
Reporting Process for Use of Taser/Beanbag Shotgun/40mm Foam
Round/PepperBall Launcher
1.
Supervisors must complete a detailed Form 18TBFP, Use of
Taser/Beanbag/40mm Foam Round/PepperBall, in ETS after an
officer uses one of the above tools. Form 18TBFP must be completed
whether or not an individual is struck with a beanbag, 40mm,
PepperBall round, or Taser barb.
a.
After each X26 Taser deployment, the investigating supervisor
will retrieve the data stored on the X26 Taser data chip, print out
the X26 Taser data port download and record the necessary
information on the Form 18TBFP. The supervisor will then scan
the data port download sheet into the computer and attach it to
the appropriate use of force case folder in ETS.
b.
Complete Form 18T, Taser Silhouette Report, for X26 Taser use
and attach it to the Form 18TBFP. Attach the electronic Form
18T to the appropriate use of force case folder in ETS.
1)
Report any accidental discharges on a Form 17 and route
via the chain of command.
Revised 05/05/09, Replaces 08/12/08
35
12.545
2)
c.
Work-flow the report to the district/section/unit commander. After
review, the district/section/unit commander will work-flow the
original report to Inspections Section through the affected bureau
commander.
1)
2.
H.
Report any discharges at an animal on a Form 18A,
Weapons Discharge at an Animal, and route via the chain
of command.
When work-flowing the Form 18TBFP, use the “Add
Notification” function for the following units:
a)
Inspections Section.
b)
Patrol Bureau.
d.
No supplementary report is necessary unless requested by the
Police Chief or bureau commander.
e.
The relief officer in charge is responsible for providing a media
voice mail, as soon as possible after the incident, describing the
incident and the use of the X26 Taser/beanbag shotgun/40mm
foam round/PepperBall launcher.
The investigating supervisor will make a blotter entry describing the
incident and action taken.
Reporting and Notification Process for an Injury to Prisoner
1.
Supervisors will complete a Form 18I, Injury to Prisoner, in ETS for
any injury to the arrested not the result of the use of force, while under
or just prior to police control, and as a result of police activity,
including the ingestion of contraband.
a.
If the arrested has ingested contraband which results in either
seizures, convulsions, loss of consciousness, or other serious
medical conditions; or if the arrested remains at a hospital for
observation purposes, or is admitted to a hospital, immediately
notify the affected bureau commander and the Night Chief/Duty
Officer who will determine whether CIS and IIS will be notified.
b.
In the event of an incident wherein the underlying police use of
force meets the threshold that requires an officer to complete a
Form 18NC, Noncompliant Suspect/Arrestee Report, to
document the incident, and the subject is injured or complains of
injury as a result of the force, the incident will be investigated by
a supervisor as an injury to prisoner and documented on a Form
18I.
1)
If a serious injury occurs, follow the notification process as
outlined in Section F.5. of this procedure.
Revised 05/05/09, Replaces 08/12/08
36
12.545
2.
The narrative section of the Form 18I will be brief and concise,
containing the information in the Reporting Use of Force chart. If the
incident also involved the use of chemical irritant, the narrative must
address the circumstances warranting chemical irritant usage as well
as the circumstances of the injury.
3.
Work-flow the Form 18I to the district/section/unit commander through
the chain of command. Forward any original documents,
photographs, or tapes.
a.
b.
4.
I.
When work-flowing the Form 18I, “Add Notification” for the
following units:
1)
Inspections Section.
2)
Patrol Bureau.
The district/section/unit commander will evaluate the propriety of
the initial contact and the use of force and will note his findings
on the Form 18I.
The investigating supervisor will make a blotter entry describing the
incident and action taken.
Reporting Process for Use of Chemical Irritant
1.
Supervisors will complete Form 18CI in ETS when reporting the use of
chemical irritant.
a.
Work-flow the Form 18CI to the district/section/unit commander
through the chain of command.
1)
b.
2.
J.
Upon work-flowing the Form 18CI, use the “Add
Notification” function for the following units:
a)
Inspections Section.
b)
Patrol Bureau.
The investigating supervisor will make a blotter entry describing
the incident and action taken.
After review, the district/section/unit commander will work-flow the
report to Inspections Section through the affected bureau commander.
Priority of Forms
1.
If more than one act by an individual occurs, only one report is
needed, e.g., use of force and a use of beanbag shotgun.
Revised 05/05/09, Replaces 08/12/08
37
12.545
2.
Listed below is the order in which a report is made, with "a" being the
highest priority:
a.
b.
Use of Force.
1)
Include X26 Taser/beanbag shotgun/40mm foam
round/PepperBall information, if applicable.
2)
Include canine information, if applicable.
X26 Taser/Beanbag Shotgun/40mm Foam Round/PepperBall.
1)
K.
Include canine information, if applicable.
c.
Canine.
d.
Injury to Prisoner.
e.
Chemical Irritant.
f.
Noncompliant Suspect/Arrestee Report.
Documentation Needed for Each Form
1.
2.
Form 18F, Supervisor's Use of Force Investigation Report:
a.
Taped statement(s).
b.
Photos.
c.
Form 527, Arrest and Investigation Report.
d.
Computer Aided Dispatch (CAD) Incident History.
e.
Medical release, if treated.
f.
Summary of doctor’s diagnosis, if treated.
g.
Copy of MVR/DVR if incident is captured on video.
Form 18TBFP, Use of Taser/Beanbag/40mm Foam
Round/PepperBall:
a.
Taped statement(s) (X26 Taser deployment is exempt from this
requirement unless the subject was handcuffed at the time of
use or unless there is a complaint of excessive force in
conjunction with the use of force investigation).
b.
Photos.
c.
Form 527, Arrest and Investigation Report.
d.
Computer Aided Dispatch (CAD) Incident History.
Revised 05/05/09, Replaces 08/12/08
38
12.545
3.
4.
5.
e.
Medical release, if treated.
f.
Summary of doctor’s diagnosis, if treated.
g.
X26 Taser data port download, if applicable.
h.
Form 18T with the use of the X26 Taser.
i.
Copy of MVR/DVR if incident is captured on video.
Form 18C, Use of Canine:
a.
Taped statement(s).
b.
Photos.
c.
Form 527, Arrest and Investigation Report.
d.
Computer Aided Dispatch (CAD) Incident History.
e.
Medical release, if treated.
f.
Summary of doctor’s diagnosis, if treated.
g.
Copy of MVR/DVR if incident is captured on video.
Form 18CI, Use of Chemical Irritant:
a.
Short narrative.
b.
Form 527, Arrest and Investigation Report.
c.
Computer Aided Dispatch (CAD) Incident History.
d.
Taped statement(s) only if the subject was handcuffed at the
time or there is an excessive force complaint in conjunction with
the use of force investigation.
e.
Copy of MVR/DVR if incident is captured on video.
Form 18I, Injury to Prisoner:
a.
Photos.
b.
Form 527, Arrest and Investigation Report.
c.
Computer Aided Dispatch (CAD) Incident History.
d.
Taped statement(s) only if there is an excessive force allegation
in conjunction with the use of force investigation.
e.
Brief, concise narrative to include information from the Reporting
Use of Force chart.
Revised 05/05/09, Replaces 08/12/08
39
12.545
6.
7.
L.
f.
Medical release, if treated.
g.
Summary of doctor’s diagnosis, if treated.
h.
Copy of MVR/DVR if incident is captured on video.
Form 18NC, Noncompliant Suspect/Arrestee Report:
a.
Brief, concise narrative of resistance met and force used.
b.
Form 527, Arrest and Investigation Report.
c.
Computer Aided Dispatch (CAD) Incident History.
d.
Supervisory review before end of tour.
e.
Copy for district files, original to Inspections Section.
f.
Taped statement(s) only if there is an excessive force allegation
in conjunction with the use of force investigation.
g.
Copy of MVR/DVR if incident is captured on video.
Place all original documents, photos, tapes and copies of MVR/DVRs
in the Use of Force Case Jacket with the routing label attached and
forward to the district/section/unit commander.
Responsibilities of Inspections Section to Insure Policy and Procedure
Compliance and Implementation:
1.
Inspections Section will review, evaluate in writing, and submit for the
Police Chief’s approval all supervisor reported use of force, use of
beanbag shotgun, 40mm foam round, AutoLock baton, and all canine
bites (except those causing serious injury or hospital admission).
a.
Inspections Section is exempt from reviewing use of force cases
assigned to the Use of Force Review Board.
2.
Inspections Section will review, evaluate, and submit for the Police
Chief’s approval all investigations of Taser or chemical irritant use on
handcuffed individuals.
3.
Inspections Section will review all Forms 18NC for trends and training
issues.
Revised 05/05/09, Replaces 08/12/08
40
12.550
12.550 DISCHARGING OF FIREARMS BY POLICE PERSONNEL
Reference:
Manual of Rules and Regulations - 1.23, 1.24, 1.25
Ohio Revised Code Section 2901.01
Procedure 12.545 - Use of Force
Procedure 19.105 - Sick/Injured With Pay & Special Leaves
Tennessee vs. Garner, 471 US 1 (1985)
Policy:
The most serious act in which a police officer can engage is the use of deadly
force. The authority to carry and use firearms in the course of public service also
carries with it the highest level of responsibility. Respect for human life requires
that police officers exhaust all other reasonable means before resorting to the
use of firearms and then only when an officer reasonably believes that such use
of firearms is necessary to protect the officer or another from the risk of serious
physical harm or loss of life.
In considering the use of firearms, understand that you are responsible for your
acts and that you may be required to justify your acts in a court of law. The
Hamilton County Prosecutor’s Office will determine the legality of actions taken.
You are not required to retreat in lieu of the justifiable use of deadly physical
force.
The safety of innocent persons is of paramount importance. Where there is substantial
risk to the safety or life of an innocent citizen, the safety of the citizen should take
precedence over the apprehension of the suspect.
Police officers may not use deadly force merely to prevent escape in misdemeanor
cases. The use of deadly force to prevent escape of felony suspects is constitutionally
unreasonable except where the escape presents an immediate risk of death or serious
physical harm to another.
Where the suspect poses no immediate threat of death or serious physical harm to
others, the harm resulting from failing to apprehend him does not justify the use of
deadly force to do so. If an officer uses unnecessary and/or excessive force, or acts
wantonly and maliciously, he could be found guilty of assault, even of culpable
homicide if he kills the person he is attempting to arrest.
At such time as a police officer perceives what he interprets to be a threat of loss of life
or serious physical harm to himself or others at the hands of another, he has the
authority to display a firearm, with finger outside the trigger guard and have it ready
for self-defense. The finger is only to be placed on the trigger when on target and
ready to engage a threat.
Self-Defense: A police officer is authorized to use that force reasonably necessary to
protect himself or others from death or serious physical harm at the hands of another.
•
There must be an apprehension of real or immediate danger based on an overt
and/or constructive act by another.
Rev. 09/23/03, Replaces 05/20/03
1
12.550
Warning Shots: Officers should only use warning shots if convinced a warning shot will
possibly save a life or alleviate the need of taking a life. As with any shot an officer fires,
the officer must know it will not endanger innocent bystanders. Supervisors should
report and investigate warning shots as outlined in Section A.
Felonies: When all other reasonable means at the officer's disposal have failed, the use
of firearms is authorized, only under the following circumstances, as a last resort to
apprehend a fleeing felon:
•
The officer has probable cause to believe the suspect has committed or is
committing a felony, and
•
The suspect presents an immediate risk of death or serious physical harm, either
to the officer or another person if not immediately apprehended.
•
If possible, the officer will give verbal warning before using the firearm.
•
By itself, notification by Police Communications Section (PCS) resulting from a
general information broadcast or computer query that a subject is wanted will not
provide authority for the police officer to use a firearm.
All Other Felonies and Misdemeanors: In all other felonies or misdemeanors, police
personnel will not fire shots even if the perpetrator attempts or succeeds in his attempt
to flee.
Juveniles: A police officer will not discharge a firearm at a person known to be or
suspected of being a juvenile (person less than 18 years of age) except under
circumstances which come within the provisions of the self-defense policy.
Moving Vehicles: Officers shall not discharge their firearms at a moving vehicle
or its occupants unless the occupants are using deadly physical force against
the officer or another person present, by means other than the vehicle.
Shots Fired at Animals: An officer will use firearms only as a last resort or for protection
of himself or others. Often, firing a shot at an animal will create a more dangerous
situation than the animal itself. If possible, use one of the following alternative solutions:
•
Call the Society for the Prevention of Cruelty to Animals (SPCA). This organization
has equipment to handle most animals safely.
•
In some instances, Cincinnati Zoological Society personnel will respond upon
request.
•
The use of department issued chemical irritant is effective on many animals.
Information:
The Police Chief has authorized a comprehensive review of critical firearm discharges
by Department employees. A Critical Firearm discharge is defined as:
All shots fired by Department employees with the exception of:
a)
b)
Beanbag Rounds.
40mm foam rounds.
Rev. 09/23/03, Replaces 05/20/03
2
12.550
c)
d)
e)
At animals.
While hunting.
Training accidents when proper safety procedures were followed.
The review will begin at the Police Chief’s direction. If a criminal investigation is
warranted, the review will commence after the completion of any criminal investigation
or court proceedings into the matter.
To facilitate this process, the Police Chief has established a Firearm Discharge Board
(FDB) to conduct all such reviews. The Board’s review will include CIS and IIS
investigative files and interviews of the principal CIS and IIS investigators. The review
will be concluded within 90 days of commencement. The FDB will act as a quality
control mechanism for all critical firearm discharges, with responsibility to return to the
Police Chief all incomplete or mishandled shooting or firearm discharge investigations.
The FDB will have the authority and responsibility to recommend to the Police Chief
investigative protocols and standards for all critical firearm discharge investigations.
The core members of the board will consist of a CPD command staff officer, the
Director of Training, the affected bureau commander, the Police Department Advocate,
and an attorney from the Solicitor's Office. All appointments will occur on or about the
first day of January and be effective for one year.
The Inspections Section Commander will serve as the chairperson of the FDB. The
chairperson is responsible for coordinating all meetings and ensuring all relevant
material compiled during any criminal or administrative investigation is reviewed. The
chairperson is also responsible for submitting a written report to the Police Chief within
the established timelines.
The Police Chief may appoint additional FDB members as needed. The Police Chief will
appoint a replacement member in the event a board member retires, or is no longer
able to fulfill membership duties. The Police Chief may disqualify a FDB member at
anytime.
All efforts will be made to conclude reviews within the established timelines. If the Police
Chief determines extenuating circumstances exist, the Police Chief may extend the
established timelines.
Proceedings by the FDB are to be conducted informally, directed towards the issues of
the appropriateness of Department policies and procedures, member’s judgment, and
the training adequacies with respect to the member’s knowledge, skill, and resources.
The chairperson will determine what evidence is relevant and reliable without regard for
technical or formal rules of evidence. The chairperson will determine the need to call
witnesses and may order witnesses to be separated during the review.
The chairperson will prepare a final report to the Police Chief that will become part of
the investigation file. The report will include a description of the incident (including all
uses of force), a summary and analysis of all relevant evidence, proposed findings and
analysis to support those findings. In particular, the board will determine: a) whether all
uses of force during the encounter were consistent with Department policy and training,
b) whether the officer(s) involved employed proper tactics, and c) whether lesser force
alternatives reasonably were available.
Rev. 09/23/03, Replaces 05/20/03
3
12.550
On or before the first day of February, the FDB chairperson will prepare and present to
the Police Chief a summary report reviewing each closed critical firearm discharge from
the preceding year. This report will include analysis of patterns and problems
discovered during the review.
Procedure:
A.
Shots Fired
1.
B.
Report all shots fired by police personnel to an on-duty supervisor
immediately regardless of the circumstances. Personnel having knowledge
of a shot fired by another officer will report the incident to an on-duty
supervisor immediately. This includes:
a.
Shots fired at or taking effect against an individual.
b.
Warning shots.
c.
Shots fired at animals.
d.
Accidental discharges.
e.
Shots fired from any firearm by off-duty personnel except:
1)
Target or competition shooting.
2)
Hunting.
3)
Military service.
2.
Personnel are not required to report shots fired while participating in
department authorized firearms training.
3.
The investigating supervisor will notify PCS.
4.
PCS will notify the appropriate personnel on the Situational Occurrences
Notification List.
Shots Fired at Individuals:
1.
The investigating supervisor will:
a.
Ensure protection of the scene.
b.
Notify PCS.
1)
PCS will notify the Criminal Investigation Section (CIS) desk
officer who will make CIS notifies according to CIS SOP. PCS will
then notify the appropriate personnel listed on the Situational
Occurrences Notification List.
Rev. 09/23/03, Replaces 05/20/03
4
12.550
c.
No one will take the officer(s’) pistol or gun belt at the scene. The
officer(s’) pistol will remain in his holster and the officer will wear his
gun belt until possession is transferred to a Homicide Unit supervisor.
1)
Under no circumstances will the officer(s’) pistol be examined or
unloaded. If safety is an issue, a Homicide Unit supervisor will be
immediately contacted for instructions.
2)
If an officer(s) is transported to the hospital for treatment, a
district/section/unit supervisor will respond and take possession of
the officer(s’) pistol and gun belt. That supervisor will document
date, time, location, and from whom the officer(s’) equipment was
obtained and contact a Homicide supervisor.
3)
A supervisor will be assigned to take control of the officer(s)
involved in a shots fired that take effect. They will remain at the
scene. At the direction of a Homicide supervisor, district
supervisor(s) will transport the involved officer(s) to CIS and
remain with the officer(s) until relieved by a CIS supervisor.
a)
No one will be permitted access to the officer(s') pistol or
gun belt without the approval/consent of a Homicide
supervisor.
b)
When multiple officers are involved, a separate supervisor
will be assigned to each officer. If there is a need, request a
supervisor(s) from another district(s).
d.
Locate witnesses to the incident. If possible, separate the witnesses
and have them held at or near the scene until they have conferred with
a Homicide Unit supervisor or a Personal Crimes Unit supervisor.
Ensure their transportation to CIS for interview by CIS and Internal
Investigation Section (IIS).
e.
Conduct a preliminary fact finding investigation at the scene.
1)
f.
Do not publicly comment about the propriety of the action taken.
Brief Homicide Unit and IIS investigators.
2.
The CIS Commander, Homicide Unit Commander, Personal Crimes Unit
Commander, and IIS Commander will respond to the scene. The Homicide
Unit Commander and IIS Commander will conduct independent, parallel
investigations of the incident. The involved officer(s') unit of assignment will
assist CIS and IIS with the investigation. The Major Offenders Unit
Commander will respond to the hospital or Coroner's office if an injury or
death has occurred.
3.
Homicide Unit/IIS investigators will:
a.
Conduct an investigation and report per their standard operating
procedure (SOP). All investigations will include, to the extent possible,
appropriate crime scene analysis, gunshot residue tests, and ballistic
tests including bullet trajectory tests.
Rev. 09/23/03, Replaces 05/20/03
5
12.550
1)
b.
Collaborate in preparing a Form 18F, Supervisor’s Use of Force
Investigation, without a conclusion, with Internal Investigations Section
completing the Form 18F.
1)
c.
C.
The original Form 18F will remain with the involved officer’s unit of
assignment.
Immediately fax the Form 18F to the following locations:
1)
Police Chief's Office
2)
Internal Investigations Section
3)
Patrol Bureau
4.
The district/section/unit commander will respond to the scene and coordinate
the activities of the field personnel at the scene.
5.
IIS will respond and coordinate the Department investigations.
Shots Fired at Animals
1.
Notify PCS.
a.
2.
3.
PCS will notify the appropriate personnel on the Situational
Occurrences Notification List.
The investigating supervisor will complete a Form 18A, Supervisor’s
Preliminary Investigation: Weapons Discharge at an Animal.
a.
D.
Investigators will ensure, to the extent possible, that the
investigation accounts for all shots and the locations of all officers
who discharged their firearms.
Fax the Form 18A to Inspections Section.
If the shots take effect, notify the SPCA to pick up the dead animal pending
a later examination by the Board of Health.
Personnel Injured by Department Authorized Firearms during Training Exercises
1.
The OIC will immediately notify PCS.
a.
PCS will notify the appropriate personnel on the Situational
Occurrences Notification List.
1)
2.
The command officer notified will determine IIS involvement.
A Firearms Training Unit supervisor will investigate all firearms related, nonserious harm injuries:
a.
That occurs during firearms training.
Rev. 09/23/03, Replaces 05/20/03
6
12.550
b.
Where all safety rules and procedures have been followed.
Example: A person is struck and injured by a piece of lead that has
blown back from a target.
3.
E.
F.
c.
For reporting, refer to Procedure 19.105, Section E., Personnel Injured
on Duty.
d.
A Firearms Training Unit supervisor will immediately notify PCS for
Situational Occurrences Notification and the Training Section Director
of injuries which require medical attention at a hospital.
Life threatening or serious injuries, injuries due to intentional acts, or injuries
that occur as a result of violations of safety rules and/or procedures:
a.
Follow Section B. of this procedure.
b.
If the incident occurs outside of the city limits, the criminal investigation
will be made by the law enforcement agency in whose jurisdiction the
incident occurred.
c.
CIS may assist the law enforcement agency in its investigation.
Unintentional Discharge
1.
Unintentional discharges which are the proximate result of an officer's
conduct during a tactical situation will be investigated as outlined in Section
B. and presented to the Firearm Discharge Board for review.
2.
Unintentional discharges associated with the care and maintenance of a
firearm will be thoroughly investigated by the district/section/unit commander.
A Form 17 will be prepared and forwarded to the Police Chief giving a full
account of the incident, including a recommendation for disposition and
closure.
Firearm Discharge Board
1.
The Police Chief will review and forward to IIS the CIS investigation report,
letter from the Hamilton County Prosecutor, and any other material deemed
relevant to the Firearm Discharge Board (FDB). The FDB will issue its final
report to the Police Chief within 90 days of receipt of the material.
2.
Within 30 days of receipt of the material, the IIS Commander will notify and
arrange a meeting between the FDB, CIS Commander, and investigators.
3.
Recommendations made by the FDB should be unanimous or by consensus.
If consensus can not be reached, a majority/minority opinion will be prepared
at the direction of the chairperson. The report presented by the FDB will
identify training issues, outline any recommended policy and/or procedure
changes, and identify individual officer training needs and corrective
measures. References to specific policies, procedures, or training will be
included in all recommendations.
Rev. 09/23/03, Replaces 05/20/03
7
12.550
G.
Loading and Unloading of Firearms for Inspection
1.
Maintain a distance of 15 feet from the designated safe wall when unloading
a firearm.
2.
The OIC will give the command to form a line facing the safe wall and for
officers to unload firearms at the same time. Firearms will be pointed
towards the safe wall while unloading.
3.
Once the firearm has been inspected, the OIC will give the command to
reload.
Rev. 09/23/03, Replaces 05/20/03
8
12.554
12.554 INVESTIGATORY STOPS
Reference:
Procedure 12.205 - Traffic Enforcement
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and
Felony Offenders
Procedure 17.100 - Police Records: Storage and Maintenance, and Initiating
New Records and Forms
Terry v. Ohio, 392 US 1, (1968)
Florida v. J.L., US Supreme Court (2000)
City Ordinance 88-2001
Information:
There are three levels of police/citizen contact.
The first level is a consensual encounter. A police officer may approach any
person in a public place and request to talk to him. So long as the person is free
to leave whenever he wants, no Fourth Amendment seizure has occurred and no
reasonable suspicion or probable cause is required.
The next level is the "Terry" type encounter. Here the officer has reasonable
suspicion to believe the citizen is committing or has committed a crime. Based
on this reasonable suspicion, the officer may forcibly stop and detain the citizen
for a brief investigatory period. Failure to answer the questions asked by the
officer or to properly identify oneself cannot provide the justification for detaining
a person past the period necessary to complete the brief "Terry" type
investigation. Once the reasonable suspicion is determined to be unfounded,
the citizen must be released.
The third level of police/citizen contact is the arrest. The arrest occurs when the
citizen is no longer free to leave and the officer has the intent to arrest. The
arrest must be supported by probable cause to believe the citizen is committing
or has committed a criminal offense.
Information or descriptions resulting from anonymous tips is not sufficient
probable cause to stop and search individuals. Officers must carefully develop
reasonable suspicion in cases involving anonymous tips. Officer’s observations
while on the scene, securing more complete information from the anonymous
caller and other circumstances which would tend to support the information
received are all ways that officers can use to articulate reasonable suspicion
allowing a “Terry” stop.
Every "Terry" type stop does not automatically authorize a frisk. If a frisk is
conducted, the officer must be able to articulate specific facts which led them to
believe the individual could be armed and dangerous.
Access to the FIR Card Database for query purposes is available at select
computer terminals in investigative units throughout the Department.
Rev. 03/21/06, Replaces 11/25/03
1
12.554
Policy:
No law enforcement agency should condone or promote the use of any illegal
profiling system in its enforcement program. Criminal elements exist in every
segment of our society. An officer whose enforcement stops are based on race
or ethnicity is engaged in a practice which undermines legitimate law
enforcement and may face claims in Federal courts of civil rights violations. To
focus on a single segment of society is to limit enforcement efforts.
Awareness is the key to success in criminal interdiction. Observations must be
evaluated in the aggregate - not isolation. An officer must use all senses while
avoiding the development of tunnel vision. An important factor to remember
when conducting an enforcement stop is to take the time to do it right. Do not
rush through the stop or an important indicator of illegal activity may be missed.
Except in exigent circumstances, when a citizen is stopped or detained and then
released as part of an investigation, the officer will explain to the citizen in a
professional, courteous manner why he or she was stopped or detained.
For purpose of the above sentence, the term “exigent circumstances” refers only
to those conditions occurring after the stop had been made which, for safety
reasons, would make it unreasonable for the officer to remain at the scene of the
stop to explain the basis for the stop.
Procedure:
A.
Completing a Form 534, Contact Card
1.
2.
A Contact Card must be completed any time an officer stops a motor
vehicle or conducts an inquiry of individuals in a stopped motor
vehicle.
a.
When more than one vehicle is stopped as result of a single
incident (same CAD number), officers will note the vehicle
number (#2, #3, #4, etc.) in the designated block on the Contact
Card. If only one vehicle is stopped it is not necessary to put #1
in the block.
b.
A Contact Card is required in addition to any other
documentation of the incident (i.e., Form 527, Arrest Report,
NTA, MUTT, etc.).
A Contact Card must be completed for any vehicle passenger or
pedestrian detention which meets the definition of a “Terry” stop.
a.
An officer may complete a Contact Card for any consensual
citizen contact when the officer believes completing the card will
provide intelligence information and the information is provided
voluntarily by a citizen.
Rev. 03/21/06, Replaces 11/25/03
2
12.554
3.
B.
When completing a Contact Card, and while the subject is still in their
presence, officers will:
a.
Determine if the subject is wanted by checking the computer
system: RCIC, NCIC, and LEADS.
b.
Record all pertinent information on the Contact Card: social
security number, driver's license number, vehicle license
number, etc.
4.
The initiating officer will make a copy of Contact Cards pertaining to
gang members or associates and forward them to the Intelligence
Unit.
5.
The initiating officer will make a copy of those Contact Cards
pertaining to violations of the “stay-away order” and forward them to
the Probation Department (refer to Procedure 12.555).
Processing a Contact Card
1.
Officers will submit all Contact Cards with their daily paperwork at the
end of the tour of duty.
a.
All companion Contact Cards will be stapled together.
b.
Contact Cards completed as a result of a vehicle stop (where a
citation is issued) will be submitted with the Ohio Multi-Count
Uniform Traffic Ticket (MUTT) for processing.
1)
c.
2.
C.
A Contact Card is not required when the MUTT is issued
as a result of an automobile accident.
All other Contact Cards will be submitted with the Form 436A,
Daily Activity Record.
Supervisors will review and approve all Contact Cards.
a.
In all incidents were a Contact Card is required all fields on the
front of the card must be completed.
b.
All Contact Cards will be forwarded to Records Section once
approved by a supervisor.
Records Section Processing
1.
All Contact Cards will be entered by Records Section personnel into
the Contact Card Database.
a.
Contact Cards will be filed by the date of contact after entry into
the database.
Rev. 03/21/06, Replaces 11/25/03
3
12.555
12.555 ARREST/CITATION: PROCESSING OF ADULT
MISDEMEANOR AND FELONY OFFENDERS
Reference:
Procedure 12.220 - Pedestrian Traffic - Law Enforcement
Procedure 12.235 - Operating a Vehicle Under the Influence (OVI): Processing &
Arrest
Procedure 12.240 - Ohio Multi-Count Uniform Traffic Ticket
Procedure 12.412 - Domestic Violence
Procedure 12.505 - Military A.W.O.L. Arrests
Procedure 12.605 - Identification of Persons in Police Custody and Wanted
Persons
Procedure 12.727 - Warrant Computer Entries, Prisoner Return and Extradition
Procedure 12.715 - Property and Evidence: Confiscation, Accountability,
Processing, Storage and Release
Procedure 12.805 - Direct Presentation to the Grand Jury by the County
Prosecutor
Procedure 12.815 - Court Appearances, Jury Duty and Other Hearings
Procedure 12.900 - Processing Juvenile Offenders
Manual of Rules and Regulations - 1.16A, B, C, D
Ohio Revised Code - Rules of Criminal Procedure, Rule 4
Definitions:
Warrant - An instrument giving power to arrest an offender. Original arrest
warrant is one in which defendant has not been before a court of record.
Capias - A warrant issued for the arrest of a defendant who has either failed to
appear in court, failed to follow an order of the court, pay fines or attend
programs, etc.
Primary Officer - The officer who can establish probable cause that a crime was
committed and the person(s) arrested is responsible for the commission of that
crime. The officer who signs the complaint(s) and is designated as needed for
court on the Form 527, Arrest and Investigation Report, and the Form 527A,
Case and Bond Information Sheet, is the primary officer. In situations of a more
complex nature, different officers may be necessary to present different
evidence. A primary officer should still be identified for testimony at the
preliminary hearing.
Alternate Officer(s) - Other officer(s) who has sufficient knowledge to proceed
on the case, but not listed as needed for court on the arrest slip.
Case Presentation Officer (CPO) – Officer(s) who presents the daily docket of
cases to the Hamilton County Grand Jury in cooperation with the Grand Jury
Prosecutor. Testimony is derived from the review of all felony arrest reports,
case/bond information sheets and associated documents.
Rev. 11/11/08, Replaces 08/29/06
1
12.555
Project DISARM – Program which identifies felony firearm arrests that may be
eligible for federally enhanced prosecution. A system based on prior criminal
convictions and current criminal/personal status is used to determine if the
criteria is met for Project DISARM. This program would also include Youth Crime
Gun Initiative cases from the Bureau of Alcohol, Tobacco and Firearms.
Purpose:
To protect the constitutional rights of all individuals through the fair and impartial
enforcement of Federal, State and Local laws.
To establish Department arrest procedures in compliance with Ohio Revised
Code and Ohio Rules of Criminal Procedure.
To ensure the presentation of all felony arrests to the Grand Jury are within the
time specifications defined by the Ohio Revised Code.
Policy:
Department personnel will not undertake any investigation or other official action
not part of their regular duties without obtaining permission from their
district/section/unit commander unless the circumstances require immediate
police action.
Officers will not leave a prisoner unattended for any reason. This includes
instances during prisoner processing at the Hamilton County Justice Center
(HCJC). Officers are responsible for prisoners under their control until they are
released by HCJC personnel. For purposes of this procedure, officers are
released once the HCJC medical evaluation form and the search of the prisoner
have been completed and the officers are told they can leave.
Information:
Police Communications Section (PCS) has a list of Department personnel skilled
in various foreign languages and sign language. They can be called in routine
situations to assist with investigations or routine communication. PCS also has
access to a certified sign language interpreter on a 24-hour basis.
There is no requirement for the operator of a motor vehicle to have their driver’s
license on their person. In Ohio, in order for a person to drive a car, he/she must
have been issued a valid driver’s license (Ohio Revised Code §4507.02).
Columbus v. Henry specifically held that it is not a crime for an Ohio resident to
drive within the state without having his/her operator’s license on his/her person.
Ohio Revised Code §4507.35 requires the operator of a motor vehicle to furnish
satisfactory proof that he/she has a valid license, upon demand of a peace
officer. This proof may consist of the violator’s name, address and social security
number, which, when queried, returns information describing the person and
verifying the license is valid. The mere lack of a driver’s license on a violator’s
person is not probable cause for an arrest.
Rev. 11/11/08, Replaces 08/29/06
2
12.555
All paperwork related to an arrest (Form 527, Form 527B, criminal complaints,
etc.) must be completed before entering the Hamilton County Justice Center.
Deputies will no longer place prisoners in holding cells while officers complete
paperwork. Officers must either complete the paperwork at their
district/section/unit, or carry the proper forms in their vehicle. The only exception
to this policy will be in instances where prisoners are so unruly that they are in
danger of causing injury to themselves or another. In these cases, officers will
continue to have PCS contact the Justice Center while en route to advise
deputies they have a disorderly prisoner and will need assistance.
Procedure:
A.
Felony Arrest
1.
Officers will make a physical arrest on all original felony arrests, felony
warrants, and felony capiases.
a.
The arresting officer(s) in all felony arrests where a firearm is
confiscated in connection with the arrest (whether or not a
weapons offense has been charged) will conduct a preliminary
investigation of the incident and criminal history of the arrested
subject. Document findings of any Civil Protection Order or
Temporary Protection Order in effect (out of state included) on a
Form 527, Arrest and Investigation Report.
1)
2.
Unless extenuating circumstances exist, all firearms where
weapons charges apply must be test fired as soon as
possible following recovery.
Officers will complete a Form 527E, Case Investigation Jacket, on all
original felony arrests including felony Domestic Violence. The only
exception is Operating a Vehicle under the Influence (OVI) arrests.
a.
The Form 527E will include copies of all pertinent paperwork
needed to prove the facts of the case, including probable cause,
elements of the crime and evidence showing the suspect
committed the crime.
b.
A supervisor must review the contents for accuracy and
completeness and sign the Form 527E.
c.
The completed Form 527E will be entered into the
district/section/unit Form 527E log book.
d.
The approved Form 527E will be logged out of the log book and
hand carried to Rapid Indictment Program (RIP) office by the
officer assigned the property run on the next business day.
1)
The Form 527E will be entered into the RIP logbook and
assigned a Case Presentation Officer.
Rev. 11/11/08, Replaces 08/29/06
3
12.555
e.
After presentation to the Grand Jury, the Form 527E will be
returned to district/section/unit unit of assignment and reentered
into the district/section/unit logbook by the officer assigned the
property run.
f.
All Forms 527E returned from RIP will be stored in a secure
cabinet at the district/section/unit. Officers needing the case
jacket for court will sign it out in the log book.
1)
g.
3.
Units making direct presentations to the Grand Jury are not
required to complete a Form 527E.
Case Presentation Officer (CPO) Review
a.
b.
B.
A designated first shift supervisor will review the log book
on a weekly basis to ensure jackets are being logged
appropriately and returned in a timely manner.
The CPO will review all felony arrest reports, case/bond
information and associated documents for accuracy,
completeness and conformance to Department policy.
1)
Any Form 527 E determined to be incomplete or inaccurate
will be returned with a Rapid Indictment Program Request
Form to the primary officer’s district/section/unit
commander for correction.
2)
The CPO will provide a mandatory due date for return of
requested information.
3)
The CPO will require copies of any report in which missing,
incomplete, or inaccurate information has been corrected.
4)
All corrections or added information are to be completed on
the correct report.
The CPO will review all felony firearm arrests to determine if the
criteria are met for federally enhanced prosecution and forward
paperwork through channels according to their SOP.
Misdemeanor Arrest and Misdemeanor Warrant Service
1.
All adults charged with misdemeanor offenses are eligible for release
via a Form 314, Notice to Appear (NTA), unless:
a.
Charged with a sex offense - excluding prostitution and public
indecency.
b.
Charged with a weapons offense.
c.
Charged with OVI as a third offender.
d.
Charged with domestic violence.
Rev. 11/11/08, Replaces 08/29/06
4
12.555
e.
Living and/or working in an area where extradition is necessary.
f.
Specific language on the arrest document requires physical
arrest, i.e., probation warrant.
g.
Wanted on a warrant with a case number that begins with the
letter "A, B, F, or P".
1)
2.
3.
These cases require disposal through Common Pleas
Court.
Officers will cite eligible defendants with an outstanding warrant
issued by the Hamilton County Municipal Court Clerk, regardless of
which Hamilton County police agency originated the initial charge.
a.
Officer(s) will notify their supervisor when citing eligible
defendants. The arresting officer will confirm the warrant via the
MDC, radio, or through the district/section/unit. The arresting
officer will fax a copy of the NTA or arrest slip to the Central
Warrants Processing Unit (CWPU) before the end of shift to
ensure warrant and capias cancellation occurs in a timely
manner. The fax number for CWPU is 946-6229.
b.
Retain a district/section/unit copy of the fax transmission for 30
days.
Transport individuals arrested for misdemeanor offenses listed in
Procedure 12.605, requiring fingerprinting and photographing, to the
Hamilton County Justice Center. Use a Form 527 instead of an NTA.
a.
If the officer recommends release after processing, check the
block marked "O.R. Bond". The arresting officer should consider
whether:
1)
The danger exists the offense will continue.
2)
Potential physical injury to the arrested individual, police
officer, or another individual is likely to occur.
3)
The individual understands he has been arrested and must
appear in court.
b.
The arrested must sign the Form 527.
c.
Central Intake personnel will release the individual only after
processing and proof of identity is completed.
4.
Contact the Hamilton County Juvenile Court Clerk's Office when an
adult has an active juvenile warrant to obtain processing procedure.
5.
Officers will complete a Form 527E on all subjects arrested on an
original, reportable misdemeanor charge, except OVI. The case
jacket will include copies of all related documentation supporting the
charge(s), as well as statements, location of evidence recovered, etc.
Rev. 11/11/08, Replaces 08/29/06
5
12.555
a.
The completed Form 527E will be entered into the
district/section/unit Form 527E log book and submitted for review
to a supervisor prior to securing the tour of duty.
1)
C.
Traffic Warrants
1.
The arresting officer may cite an individual on any traffic warrant,
except Mayor's Court. Mayor's Court requires verbal approval from the
affected agency. The date and time of the court appearance is
supplied by the affected agency.
2.
If the officer does not have the warrant in his possession when he
issues the citation, he will:
a.
Confirm by MDC, radio, or district/section/unit computer that the
warrant exists.
1)
b.
D.
The supervisor will insure all paperwork is complete and
includes all elements necessary to support the arrest of the
suspect.
If the subject shows a previous citation for the warrant in
question, verification through CWPU (via computer terminal
or telephone), is necessary.
Record the arrest information on the Form 682, Citation Arrest
Summary, and attach the remaining copies of the NTA to the
citation board.
3.
CWPU will recall the warrant based on the information contained in
the "Officer's Notes" section on the back of the NTA.
4.
In cases where a violator of a traffic or criminal minor misdemeanor
(either on a warrant or on-view arrest) is physically arrested and not
cited, note the reasons under the "Facts of Arrest" section on the
Form 527.
Minor Misdemeanor Citations
1.
A police officer must issue a citation to appear in court rather than
physically arrest an individual for any violation which is a minor
misdemeanor, whether it be a state statute or city ordinance,
regardless of the violator's place of residence, unless one of the
following applies:
a.
The offender requires medical care or is unable to provide for his
safety.
b.
The offender cannot or does not offer satisfactory proof of
identity, except pedestrian violations (refer to Procedure 12.220).
c.
The offender refuses to sign the citation.
Rev. 11/11/08, Replaces 08/29/06
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12.555
2.
An officer may not make a physical arrest on traffic or criminal minor
misdemeanors except as outlined above. Officers must issue a
citation in the field at the point of contact with the offender.
a.
It is not legal to remove the offender from the scene for only a
minor misdemeanor violation.
1)
E.
Exception: The officer may only remove the offender from
the scene a reasonable distance for the safety of the
offender and/or the officer in order to complete the citation.
b.
An officer has the right to investigate further when he has
probable cause to believe a more serious offense has occurred.
He may follow normal investigative procedures.
c.
The officer may only pat down or frisk the subject to assure his
safety. The officer must have reasonable suspicion that the
subject is armed and poses a threat of harm. No search is
permitted as would be lawful in an actual arrest.
Capias Arrests
1.
When an officer arrests a wanted individual on a capias, he must have
the capias in his possession or know where to obtain it within a
reasonable time period.
a.
2.
All Hamilton County Municipal Court capiases require a physical
arrest.
1)
Under certain circumstances such as voluntary surrender,
a one-time exception may be granted to the defendant if
the defendant responds to the Failure to Appear Unit (FTA)
at the Hamilton County Justice Center (1000 Sycamore
Street), room 116 or by calling 946-6153. If the defendant
has not used the service before, the capias will be recalled.
2)
If an officer chooses to cite due to mitigating
circumstances, a supervisor will respond to grant
permission. The supervisor will indicate his permission
under “Details” on the Form 314, Notice to Appear.
If a person arrested on a capias for a “Stay to Pay” has the money to
pay the fine, transport the arrested to the Clerk's Office (1000
Sycamore Street) to pay his fine (original and all penalties) and then
release him. The clerk will recall the capias.
a.
Traffic capiases are processed in room 115, Monday through
Friday, 0800 -1600 hours. Persons arrested for a traffic capias
after 1600 hours and on weekends will be processed in room
112.
b.
Criminal capiases are processed in room 112.
Rev. 11/11/08, Replaces 08/29/06
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c.
F.
Complete an arrest report showing the subject was released at
the Clerk's Office after payment of the fine and forward it to the
Records Section.
3.
When an adult has an active juvenile capias, contact the Hamilton
County Juvenile Court Clerk's Office to obtain the processing
procedure.
4.
A capias issued by a local Mayor's Court is not eligible for citation
unless verbal permission is granted by the affected jurisdiction. The
date and time of the court appearance is supplied by the affected
agency.
a.
Officers will notify their supervisor when citing eligible
defendants. The arresting officer will confirm the capias via the
MDC, radio, or through the district/section/unit. The district/
section/unit will ensure a copy of the NTA or arrest slip is faxed
to the Mayor’s Court with jurisdiction. The original NTA is mailed
to the Mayor’s Court with jurisdiction.
b.
Retain a district/section/unit copy of the fax transmission for 30
days.
Completion of the Form 527 for Adult Felony and Misdemeanor Physical
Arrests
1.
If the defendant is unable or refuses to supply the requested
information, the officer will complete the form to the extent possible.
a.
2.
If the defendant refuses to supply the requested information,
mark "Refused" on the arrest slip to bring to the prosecutor's
attention.
The arresting officer will query RCIC/NCIC to determine a prior record
and any outstanding warrants/capiases for the defendant. Note on the
arrest report if the computer is inoperable and contact CWPU to
perform a hand check for wants. Provide CWPU with the subjects
name and control number.
a.
Confirm warrants/capiases from any police jurisdiction in
Hamilton County through CWPU.
b.
The arresting officer will confirm warrants/capiases, not issued
through CWPU, by contacting the appropriate jurisdiction.
c.
If a computer check reveals a warrant or capias, and the
individual states it has already been processed or paid out, the
police officer will verify if the warrant or capias is still in effect.
1)
The officer will contact CWPU, the Clerk of Courts Office,
or the appropriate jurisdiction for verification.
Rev. 11/11/08, Replaces 08/29/06
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2)
3.
If a warrant or capias cannot be confirmed, the officer will
release the subject and notify the effected
district/section/unit supervisor. The supervisor will
document the incident on a Form 17 and forward it through
the chain of command to the Police Chief.
If the defendant has been arrested for felony drug abuse/trafficking or
prostitution, the arresting officer will:
a.
Determine if the subject meets the following criteria for “Request
for Condition of Probation”. If the subject meets the following
criteria and is convicted, this form provides the sentencing judge
to include, as a condition of probation, an order to stay out of the
area where he was arrested.
1) A person cannot be a resident of the area.
2) They cannot be legally employed in the area.
3) They cannot have other legitimate business in the area or
have legitimate reasons for being in the area (visiting friends
is not a valid reason).
b.
Once the officer has established that the person qualifies, he will
complete the “Request for Condition of Probation” (RCP) form.
1) The form will include the following:
a)
The name and address of the arrested.
b)
The charge(s) for which they were arrested.
c)
The address where the subject was arrested.
d)
The arresting officer’s name, badge number and
assignment.
c. After the RCP form has been completed, staple it to the Trial
Preparation Form for felony drug abuse/trafficking or to the
complaint form for prostitution.
1)
d.
This will ensure the form will travel through the court
system to the prosecutor. The prosecutor can then make
the request without having the officer present in the
courtroom.
Once the condition of probation has been granted, the
information will be entered into the computer system by the
Probation Department for access by officers via the MDC.
1)
If an officer encounters and queries a subject who has this
condition of probation, an indicator will be generated giving
the specifics of the restrictions (stay-away order
conditions).
Rev. 11/11/08, Replaces 08/29/06
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e.
If a subject is in violation of the condition of probation.
1)
Complete a Form 534, Contact Card.
a)
2)
Forward a copy of the Form 534 to the Probation
Department through interdepartmental mail.
a)
3)
4.
In addition to completing a Form 527 for any original
charges.
The Probation Department will ensure the appropriate
Probation Officer receives the information
Officers should not arrest the subject immediately upon
determining a violation of the condition of probation has
occurred. The Probation Department will be responsible
for violating the subject’s probation, maintaining computer
entries and tracking statistical information.
Physical and mental condition of prisoner
a.
The arresting officer will document the prisoner's visible physical
and mental condition and any injuries or complaint of injuries on
Line 5 of the Form 527.
1)
Ask all prisoners if they have health problems which police
or jail personnel should be aware. Note this information on
Line 5 of the Form 527. Have PCS notify the HCJC if the
arrested may be an unusual security risk.
b.
Briefly describe any injuries and how they occurred. Explain if
the injuries occurred before, during, or after the arrest.
c.
If the arrested received medical attention and/or was admitted to
a hospital, note the details in the "Facts of Arrest" section of the
Form 527. Have PCS notify the HCJC if the arrested may be an
unusual security risk.
d.
List on the Form 527, in the “Other Reports Made” box, any
reports made, e.g., Use of Force, Form 316, Form 301, Form 18,
etc.
e.
Personnel accepting prisoners for transportation, incarceration,
etc., should verify the condition listed on the arrest report.
5.
List the appropriate name, section, and subsection number of the
charge(s) in the "Charges" block.
6.
Identify the primary officer for court. Arresting officers listed on the
form must check the block after their name showing whether they are
needed or not needed for court.
Rev. 11/11/08, Replaces 08/29/06
10
12.555
a.
If more than one officer is needed:
1)
A supervisor must sign the Forms 527 and 527A to ensure
the same officers are listed on both reports.
2)
State in the “Facts of Arrest” section the charges/cases for
which each officer is needed.
7.
State the facts of arrest in the space provided on the Form 527. This
statement should contain enough information to establish the
elements of the offense.
8.
If the offender is physically arrested and has citable outstanding traffic
and/or criminal warrants or capiases on file at CWPU, add these
charges in the "Charges" block of the Form 527 and process as part of
the physical arrest.
9.
If co-defendants are involved, complete the appropriate section.
a.
10.
If there are more than two co-defendants, complete a Form 527B.
Check the "Vice Activity Arrest" block to ensure district/section/unit
collators record vice related activities.
a.
Collators must review each arrest report for vice related arrests
to accurately record this information.
1)
b.
11.
13.
Accurate information is imperative since this information will
replace the Form 526, Vice Activity Report, when vice arrests
occur.
Complete the "Evidence Information" section after processing the
prisoner.
a.
12.
Forward a copy of the Form 527 to the Central Vice Control
Section (CVCS) if vice activity is indicated.
"Page" and "Line" blocks should coincide with district/section/unit
property log books.
The arresting officer will complete the appropriate complaint form and
have it notarized.
a.
The original will accompany the defendant to the Hamilton
County Justice Center.
b.
Give a copy to the defendant.
To ensure appearance on the next court docket, transport arrested
individuals to the Hamilton County Justice Center before 0300 hours
to allow for arrest document processing.
Rev. 11/11/08, Replaces 08/29/06
11
12.555
14.
Form 527A, Case and Bond Information Sheet
a.
Complete the bond recommendation portion of the Form 527A
when:
1)
Any felony arrest is made.
a)
15.
Bond information is for use by the bond project
personnel in the Hamilton County Justice Center.
b.
Complete any areas necessary when additional information is
necessary.
c.
Complete the witness portion for non-reportable misdemeanor
arrests, as necessary.
Form 527B, Trial Preparation Form
a.
Officers will complete a Form 527B:
1)
Whenever a police officer signs a felony warrant or
reportable misdemeanor warrant.
a)
The Clerk's Office will attach the Form 527B to the
complaint.
1]
b)
2)
The Clerk’s Office will not accept a complaint
without a completed Form 527B. Witness
information will not be entered on the affidavit.
All witnesses must be listed on the Form 527B.
When an individual is arrested on a felony warrant,
the arresting officer will add any pertinent information
to the Form 527B including the facts of the arrest,
new evidence, or any statements made by the
arrested.
On all original felony arrests and original, reportable
misdemeanor arrests, except OVI.
b.
The "Statement of Facts" section provides additional space for a
more detailed description of the facts.
c.
Complete the “Victim/Witness” section for use as a praecipe.
1)
Indicate appropriate courtrooms for each
officer/victim/witness and give a brief statement of their role
in the case.
a)
On multiple charges, note on which charge each
officer is needed.
Rev. 11/11/08, Replaces 08/29/06
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2)
16.
G.
It is important that the officer signing the warrant supply the
names, addresses, and telephone numbers of all
witnesses, with a summary of their testimony. If additional
space is necessary, officers may use the “Statement of
Facts” area, or attach an additional sheet.
a)
Give specific addresses. Include apartment numbers,
floor, business names, etc., so subpoenas can be
served.
b)
Note any statements obtained.
c)
If a witness shows reluctance to appear in court and
the arresting officer wishes to serve a subpoena on
the individual, the officer should write "Reluctant
Witness" behind the name of this witness and explain
briefly.
d.
A supervisor must approve the Form 527B.
e.
The officer will fax both sides of the completed 527B to RIP at
line 352-6924.
If the arrested is a current University of Cincinnati (UC) or Xavier
University (XU) student, the arresting officer will fax a copy of the
completed 527 to the appropriate University Public Safety
Department. UC’s Fax# 556-4940, XU’s Fax# 745-3861.
Completing the NTA for Adults
1.
Before issuing a citation of any type, the police officer will query
RCIC/NCIC for outstanding warrants or capiases.
2.
Complete a separate NTA for each charge, except in the service of
warrants.
3.
Write all of the elements of the violation in the "Complaint" section of
the NTA using the correct title and section number of the charge. This
section serves as the complaint for minor misdemeanors.
4.
List the facts as completely as possible.
a.
Use the rear of the prosecutor's copy. These facts are important
for the prosecutor in presenting the case in court in the event the
defendant decides upon a court appearance.
b.
Include witnesses' names and specific addresses such as
apartment numbers or business names so subpoenas can be
served.
5.
Have the offender sign the NTA. Give him the defendant's copy.
6.
A supervisor will notarize the minor misdemeanor NTA complaint and
check for correctness and completeness.
Rev. 11/11/08, Replaces 08/29/06
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7.
H.
If the arrested is a current UC or XU student, the arresting officer will
fax a copy of the completed NTA to the appropriate University Public
Safety Department. UC’s Fax# 556-4940, XU’s Fax# 745-3861.
Court Citation Scheduling
1.
Individuals cited to adult court for misdemeanors should be given a
court date 10-14 calendar days from the date of the citation. The two
exceptions are an original OVI arrest or a Driving Under Suspension
(DUS) arrest with a vehicle held for pretrial seizure. These must be
given a court date 5 days from the date of citation. If the fifth day is a
Saturday, Sunday, or legal holiday, use the next court date.
2.
Keep all cases together. Cite individuals with multiple cases to the
court of the most serious offense according to the following order:
3.
a.
OVI charges
b.
Criminal misdemeanors
c.
City traffic misdemeanors
d.
County traffic and minor misdemeanors
Court assignments for cited original arrests and all citations for
warrants and/or capiases are listed below:
a.
OVI original arrest
Room A – 1230 hours
1000 Sycamore St.
5 days
b.
DUS, vehicle seized (types SR/NC/SS/SJ/SF)
Room B – 1300 hours
1000 Sycamore St.
5 days
c.
DUS, no vehicle seizure (all types of suspensions)
Room B – 1300 hours
1000 Sycamore St.
10-14 days
d.
All City criminal misdemeanors (original arrest citation,
warrant/capias citations)
Room A – 1230 hours
1000 Sycamore St.
10-14 days (except vicious dogs, cite for 5 days. Refer to
Procedure 12.115, Section C.6.)
Rev. 11/11/08, Replaces 08/29/06
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12.555
e.
All City traffic (original citation, warrant/capias citations)
Room B - 1300 hours
1000 Sycamore St.
7-10 days for auto accidents when cited for a minor
misdemeanor only
10-14 days for all traffic citations/warrants/capias
f.
All County criminal and traffic warrant/capias citations
Room 121 – 1230 hours
1000 Main St.
10-14 days
4.
Citable probation violations should have the courtroom noted on the
warrant. If the room number is missing, cite all traffic except OVI to
Room B at 1300 hours; cite all criminal to Room A at 1230 hours.
5.
If a defendant has a County and a City traffic warrant or capias, cite to
Room B at 1300 hours.
6.
Warrants with no prefix or the "S" prefix are City warrants. Warrants
with a "C" prefix were issued by Hamilton County. Warrants with an
"A, B, F, or P" prefix are not eligible for citation.
7.
Warrants with a preceding four letter mnemonic other than CWU or
CPR are warrants issued by a Mayor's Court. Officers may not cite on
a Mayor's Court warrant without verbal permission from the affected
jurisdiction.
8.
a.
The Mayor’s Court will advise the officer of the appropriate court
date and time.
b.
The officer must send the citation, Form 314, to the Mayor’s
Court by either U.S. mail or hand delivery.
Send the Form 314 to the agency which confirms the warrant or
capias.
a.
I.
If a subject has multiple jurisdiction warrants and Mayor’s Court
warrants or capiases included, a separate Form 314 must be
made. Verbal verification must be received from each affected
Mayor’s Court.
Supervisory Review
1.
Officers must contact a supervisor for a review of arrests in which the
prisoner:
a.
Has obvious physical injuries or claims physical abuse by police
at the time of arrest.
b.
Is charged with Assault on a Police Officer or Resisting Arrest.
c.
Is refused admission to the Hamilton County Justice Center due
to injuries.
Rev. 11/11/08, Replaces 08/29/06
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2.
J.
d.
Requires an interview or observation by a supervisor as needed
by other procedures (use of force or chemical irritant, strip
search, etc.).
e.
Is being arrested for a felony.
Supervisors must review and approve the completed Forms 527,
527B and 527E on all original felony and original reportable
misdemeanor arrests.
Form 682, Citation Arrest Summary
1.
2.
Each district/section/unit maintains a daily Form 682 board at the front
desk. Officers issuing misdemeanor citations and/or warrant/capias
citations will list the citations on the Form 682 as indicated below:
a.
Citations issued for a single misdemeanor or traffic
warrant/capias are placed on the citation board.
b.
Citations issued for multiple misdemeanor or traffic
warrants/capiases are prepared according to Section H.3. List
all cases on the citation board of the most serious offense as
shown in Section H.2.
At 0700 hours each day, the district/section/unit desk officer will
prepare two copies of the Form 682. The desk officer will ensure all
misdemeanor citation arrests and warrant citations from the previous
24-hour period are recorded on the citation board.
a.
The desk officer will place the Form 682 from the board in an
envelope with the appropriate arrest documents. The envelope
must be hand delivered to CWPU no later than 0900 hours daily.
3.
The clerk at CWPU will initial and time-stamp the first copy of each
Form 682. These copies will serve as a receipt to ensure the
complaints, as well as the Forms 527 and NTAs, are not out of place.
The delivering officer will return the copies for the district/section/unit
files. The second copy will remain at CWPU.
4.
Records Section personnel will respond to CWPU each workday to
pick up each Form 682.
a.
Records Section personnel will enter the citations into the RCIC
computer system and then forward the documents to the Clerk's
Office.
1)
K.
Records Section will retain a copy of the NTA for its files.
Investigations or Other Official Actions Not Part of Regular Duties
1.
Off-duty within the City of Cincinnati corporation limits:
a.
Off-duty officers observing a criminal violation necessitating
enforcement action will contact PCS.
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b.
The officer will request an on-duty police officer and supervisor
respond to the scene and assist in the investigation and
arrest/citation.
1)
c.
2.
This does not apply to officers working outside employment
details as an extension of police service.
In some cases, an officer must take immediate action. After
taking action, the officer will contact PCS and request an on-duty
supervisor. PCS will:
1)
Contact a supervisor from the district of occurrence.
2)
The responding supervisor will evaluate the situation and
report to the Police Chief via a Form 17.
Off-duty outside the City of Cincinnati limits:
a.
Off-duty officers observing a criminal violation necessitating
enforcement action will contact the proper police agency in that
jurisdiction.
b.
In some cases involving felony violations, an officer may be
obligated to take immediate action and then contact the proper
police agency in that jurisdiction.
1)
After taking action, the officer will also contact PCS and
request an on-duty supervisor. PCS will:
a)
If outside Cincinnati city limits but within Hamilton
County, contact a supervisor from the closest district
of occurrence.
1]
b)
c.
3.
The responding supervisor will evaluate the
situation and report to the Police Chief via a
Form 17.
If beyond Hamilton County, contact the Night Chief or
a command officer.
Officers outside City limits do not have the authority to
detain/arrest individuals for misdemeanor violations.
Officers will not attempt to stop vehicles while off duty unless it is a
life-threatening situation which, if permitted to continue, could cause
serious physical harm to innocent victims.
Rev. 11/11/08, Replaces 08/29/06
17
12.600
12.600 PRISONERS: SECURING, HANDLING, AND
TRANSPORTING
References:
Procedure 12.545 - Use of Force
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and
Felony Offenders
Procedure 12.610 - Prisoners: Guarding Hospitalized
Procedure 12.900 - Processing Juvenile Offenders
Procedure 18.120 – Release of Information and Public Records
Cincinnati Police Academy Training Bulletin #2003-1 – Sudden Custody Deaths
and Positional Asphyxia
Ohio Revised Code 2933.32 - Body Cavity and Strip Searches; Conducting
Unauthorized Search; Failure to Prepare Proper
Report
Definitions:
Body Cavity Search - an inspection of the anal or vaginal cavity of a person that
is conducted visually, manually, by means of any instrument, apparatus, or
object, or in any manner while the person is detained or arrested for a criminal or
traffic offense.
Strip Search - an inspection of the genitalia, buttocks, breasts, or
undergarments of a person that is preceded by the removal or rearrangement of
some or all of the person’s clothing directly covering the person’s genitalia,
buttocks, breasts, or undergarments and that is conducted visually, manually, by
means of any instrument, apparatus, or object, or in any manner while the
person is detained or arrested for a criminal or traffic offense.
Policy:
Arresting officers who suspect a prisoner of putting in their mouth, swallowing, or
attempting to swallow any substance or item suspected as capable of causing
physical harm, injury, or death will immediately request a supervisor and the
Cincinnati Fire Department respond to the scene.
Arresting officers must maintain control of prisoners until relieved by a
supervisor, Hamilton County Sheriff’s Office employee, or other law enforcement
agency.
Immediately notify a supervisor when prisoners have visible or claimed injuries,
or when any Hamilton County detention facility refuses admission.
Investigating supervisors will ensure all officers who witnessed a use of force or
injury to prisoner provide a statement regarding the incident. Refer to Procedure
12.545, Use of Force, to determine if the statement is required to be tape
recorded. The investigating supervisor will ensure all use of force and injury to
prisoner reports identify all officers who were involved in the incident or on the
scene when it occurred. The investigating supervisor will ensure all use of force
and injury to prisoner reports indicate whether medical care was provided, and
whether the subject refused medical treatment.
Rev. 03/10/09, Replaces 05/22/07
1
12.600
Arresting officers are responsible for minor and adult dependents of physically
arrested persons. Physically or mentally impaired adults are examples of adult
dependents. Arrested persons can advise with whom they want their
dependents placed. Record the location of minor or adult dependents in the
district/unit blotter.
Call the Hamilton County Department of Job and Family Services when unable
to place dependents with responsible adults.
For minors, call 241-KIDS.
For dependents 60 and over, call 421-LIFE.
The transporting officer has a duty of care to protect the prisoner from injury.
Officers transporting prisoners will not become involved in any other activity
unless there is a clear and grave risk to a third party and the risk to the prisoner
is minimal. Officers should always be aware of intentional diversions that may
be used to free a prisoner.
When transporting prisoners to another agency, the transporting officer will notify
that agency when the prisoner is considered an unusual security risk. The
transporting officer may request the receiving agency provide additional
restraints or officers.
Prisoners are only allowed to communicate with a physician, attorney, or
immediate family member with approval of arresting officer.
Information:
The following factors place an individual at a higher risk for positional asphyxia:
•
Cocaine induced delirium – a side effect suffered by some cocaine users
characterized by disorientation, hallucinations, and an increased heart
rate.
•
Other drug/alcohol use – intoxication may reduce respiratory function.
•
Physical build – obesity can increase an individual’s risk.
•
Environment – extreme temperatures increase risk.
•
Underlying health problems – asthma, emphysema, and heart disease.
•
Involvement in a struggle lasting longer than three minutes.
•
Pressure applied to back during arrest.
•
Suspect position – suspects on their stomach, particularly on a hard
surface, are at increased risk.
Rev. 03/10/09, Replaces 05/22/07
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12.600
Procedure:
A.
Handcuffing
1.
When possible, handcuff all prisoners with their hands behind their
back. Apply handcuffs between the hand and protruding wrist bone
with the prisoner's palms facing out and the keyholes facing up.
a.
Apply handcuffs directly over the skin. Never apply them over
clothing or jewelry. They should be reasonably snug and double
locked.
2.
Do not leave handcuffed individuals prone on the ground. Once
individuals are under control immediately move them to a seated
position as soon as possible.
3.
When necessary, handcuff physically handicapped, injured, or
pregnant prisoners in front.
a.
4.
Two officers will transport a prisoner handcuffed in front of the
body.
When handcuffing two prisoners together, use the right wrist to right
wrist or left wrist to left wrist method.
a.
Do not handcuff male prisoners to female prisoners or adults to
juveniles except in emergency arrest situations.
5.
Remove handcuffed persons from public view as soon as possible.
6.
For officer safety, it may be necessary to temporarily handcuff citable
persons or persons under investigation.
7.
On a case by case basis, officers are permitted to temporarily remove
handcuffs from arrested persons for various reasons:
8.
a.
Seriously injured and requiring medical treatment.
b.
Interviewing and processing (fingerprints/OVI arrests).
1)
Prisoners will be thoroughly searched prior to removing
handcuffs.
2)
Two officers will remain with unhandcuffed prisoner(s).
When transferring a prisoner from one set of handcuffs to another,
keep the original handcuffs on the prisoner. Place the second set of
handcuffs on the prisoner underneath the first pair, ensuring handcuff
keyholes are accessible.
Rev. 03/10/09, Replaces 05/22/07
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12.600
9.
B.
Flexcuffs are permitted only in the following situations:
a.
SWAT operations.
b.
Mass arrests at demonstrations or civil disturbances.
c.
Under exigent circumstances with supervisory approval.
Prisoner Searches
1.
Thoroughly search all handcuffed prisoners from the rear.
2.
Transporting officer(s) will conduct a separate and additional search
of prisoners coming into their custody.
3.
Whenever possible, use female officers to search female prisoners
and male officers to search male prisoners.
4.
a.
If necessary, handcuff opposite sex prisoners and watch them
until an officer of the same sex arrives to complete a detailed
search.
b.
When opposite sex searches must occur, limit the search to
finding weapons.
1)
Use the blade edge of the hand.
2)
Retrieve weapons immediately from any body area when
there is immediate danger.
Strip searches and body cavity searches:
a.
Perform a strip or body cavity search only when there is
probable cause to believe the prisoner is concealing evidence,
contraband, or weapons.
b.
A supervisor must approve and sign a Form 602, Search
Authorization, before:
1)
A police officer conducts a strip search.
2)
A search warrant for a body cavity search is sought.
c.
Only officers of the same sex will conduct strip searches.
d.
Only one officer will conduct a strip search.
1)
Have an officer just outside the view of the search in case
the searching officer needs help.
2)
The officer conducting the search will not, under any
circumstances, insert their finger or any other instrument
into a prisoner’s orifice during the strip search.
Rev. 03/10/09, Replaces 05/22/07
4
12.600
3)
If, while conducting a strip search, the officer visually
observes what is believed to be contraband partially
protruding from the prisoner’s orifice (vagina or anal cavity),
the officer will request the prisoner to remove the object.
4)
If the prisoner refuses to remove the object, the officer will
not attempt to remove it. A body cavity search warrant will
be required to recover the contraband.
The officer who observed the contraband in a prisoner’s
orifice should immediately end the strip search and follow
the guidelines for obtaining a body cavity search warrant.
5)
e.
f.
After getting a search warrant for a body cavity search, respond
to University Hospital to conduct the actual search.
1)
University Hospital's policy is to perform a body cavity
search or stomach pumping only for medical reasons with
the patient's consent. The hospital will give the recovered
evidence to the police.
2)
A doctor, registered nurse, or practical nurse licensed by
the State of Ohio must perform the body cavity search. No
one is permitted to witness the search.
3)
If the prisoner refuses to allow a medical professional to
conduct the body cavity search in accordance with the
search warrant, the officer will:
a)
Notify a supervisor.
b)
List the medical professional on the Form 527, Arrest
and Investigation, as a witness to the presence of the
contraband if they saw it.
4)
A person suspected of having contraband in an orifice will
not be accepted at a detention facility. A supervisor will
contact the Duty Officer or Night Chief for further
instructions.
5)
If the prisoner consents and the medical professional
refuses to conduct the body cavity search, a supervisor will
notify the Duty Officer or Night Chief for further instructions.
After transporting prisoners to the Hamilton County Justice
Center (HCJC), officers will advise the Hamilton County Sheriff’s
deputies when they believe a prisoner is concealing contraband.
1)
Hamilton County Sheriff’s deputies maintain a list of
offenses for which they routinely conduct strip searches.
2)
Department personnel must have an approved Form 602
prior to requesting sheriff’s deputies to conduct a strip
search.
Rev. 03/10/09, Replaces 05/22/07
5
12.600
g.
Officers transporting prisoners to the Hamilton County Juvenile
Court Youth Center (HCJCYC) will not attempt to conduct a strip
search within that facility.
1)
2)
After transporting prisoners to HCJCYC, officers will advise
the detention facility employee when they suspect a
prisoner is concealing contraband in an orifice or other
areas of the genitalia.
The detention facility employee will notify the Supervisor on
Duty (SOD), who will respond and make the final decision
whether to conduct a strip search of the prisoner.
a)
3)
If the SOD refuses to authorize a requested strip search,
the requesting officer will advise a supervisor, who will
evaluate the circumstances and complete a Form 17
Incident Report if the refusal is believed to be unwarranted.
a)
5.
The officer must be able to adequately articulate
probable cause to justify a strip search.
The SOD is required to complete an Incident Report
to the HCJCYC facility superintendent whenever they
refuse to conduct a requested strip search.
h.
After strip or body cavity searches, the officer who conducted the
strip search or authorized the body cavity search must give the
person searched a completed copy of the Form 602.
i.
Immediately forward the original Form 602 to the Police Chief.
1)
Inspections Section files the original.
2)
The originating unit files a copy.
Persons in custody suspected of putting in their mouth, swallowing, or
attempting to swallow any substance or item suspected as capable of
causing physical harm, injury, or death, i.e., drugs, poison, etc.
a.
Immediately request a supervisor and Cincinnati Fire
Department (CFD) respond to the scene. If necessary CFD will
transport the suspect for immediate medical treatment. If CFD
requests the Police Department transport, the following
guidelines apply:
1)
Immediately transport any subject 13 years of age and
older, suspected of putting in their mouth, swallowing, or
attempting to swallow any substance or item suspected as
capable of causing physical harm, injury, or death to
University Hospital.
a)
University Hospital’s policy is to perform a body cavity
search or stomach pumping only for medical reasons
with the patient’s consent. The hospital will give the
recovered evidence to the police.
Rev. 03/10/09, Replaces 05/22/07
6
12.600
b)
2)
Immediately transport any subject 12 years of age and
under, suspected of putting in their mouth, swallowing, or
attempting to swallow any substance or item suspected as
capable of causing physical harm, injury, or death to
Children’s Hospital.
a)
b.
C.
If unable to gain consent, a supervisor will determine
the proper course of action.
Children’s Hospital’s policy is to perform stomach
pumping only for medical reasons with or without
parental consent. The hospital will give the recovered
evidence to the police.
The responding supervisor will conduct a thorough investigation
of the incident and complete a Form 18I, Injury to Prisoner, for
the ingestion.
Holding/Interviewing Prisoners in Police Facilities
1.
Instructions on how to interview witnesses, victims or suspects can be
found in the Department Investigations Manual.
a.
2.
A description of the interview room and items that should be
maintained in the room can also be found in the Investigations
Manual.
Do not use police facilities as jails or holding cells.
a.
Use interviewing rooms for processing and interviewing persons
or prisoners on official police business.
1)
Never leave prisoners alone.
2)
Officers will inspect the interview room prior to bringing in a
person to be questioned.
3)
Two officers should be present while interviewing suspects
or persons under arrest. Notify the desk personnel of
persons brought into the facility in case the interviewing
officer should call for assistance.
4)
Un-cuffing prisoners is sometimes required during an
interview. Weapons control should be a priority
consideration before uncuffing a person in a confined
space.
5)
Make a blotter entry noting an interview has taken place.
Include the name of the officer, the time in and out of the
room and the supervisor notified.
Rev. 03/10/09, Replaces 05/22/07
7
12.600
6)
3.
The district/section/unit officer in charge (OIC) and desk personnel will
remain informed about prisoners in their station. They will:
a.
b.
D.
Persons being held should be allowed reasonable access
to restrooms. If a prisoner becomes aggressive or
uncooperative they should be transported to the Hamilton
County Justice Center.
Provide pertinent information when answering phone calls about
prisoners in custody, or previously in custody.
1)
Refer to Procedure 18.120, Release of Information and
Public Records, for guidelines in releasing prisoner
information to the public.
2)
When callers need more information, refer them to HCJC
Intake or the HCJCYC.
Interview rooms will be inspected by a relief supervisor once
during each shift. The inspection will be documented in the
supervisor’s Daily Rounds.
Prisoner Transporting
1.
All prisoners subject to physical arrest will be transported to the
appropriate facility.
a.
When transporting a prisoner, the MVR/DVR will be activated for
recording purposes. The camera will be turned to face the rear
seat to record the prisoner’s actions for the entire transport.
With the digital DVR system, to activate the recording
capabilities inside of a police car, one of the two Sure Talk
microphones must be removed from the docking station and
placed in an appropriate area inside the driver’s compartment of
the vehicle. The microphone must be manually activated by
pressing the ACT button to record audio transmissions during
the transport process.
b.
Vehicles equipped with an Eyewitness ION DVR system have a
third microphone permanently installed in the rear passenger
compartment around the rear window. To record audio inside a
vehicle, the In-car Microphone (ICM) must be manually activated
by pressing the ICM button located on the left panel of the
overhead console.
c.
Use the transport command (TR) on the Mobile Data Computer
(MDC) and enter the location to where the prisoner is being
transported in brackets [ ] not parentheses ( ), and enter the
starting mileage when beginning transport. Upon arrival, use the
transport complete command (TRC), and enter the ending
mileage.
Example: TR [HCJC], start mileage 12345
TRC, end mileage 12348
Rev. 03/10/09, Replaces 05/22/07
8
12.600
d.
Receive permission from a supervisor before transporting a
prisoner to any hospital or other non-police facility.
e.
Arresting officers involved in a use of force, other than the use of
chemical irritant or the deployment of the X26 Taser, will not
transport a prisoner who is the subject of the use of force.
1)
2.
Officers may remove a prisoner to a safe location to
prevent an escalation of the incident. Neutral officers will
respond and transport the prisoner.
When arresting officers cannot transport their own prisoner, they must
provide transporting officers the completed paperwork or at least the
minimum following information:
a.
Name, badge number, and unit of the arresting officer.
b.
Specific charge(s) placed against the prisoner.
3.
When possible, two officers will transport a prisoner who is
incapacitated from intoxication or injury to prevent falls or additional
injury.
4.
Two officers will transport a prisoner on a stretcher. The second
officer will ride in the rear to monitor the prisoner and to give or
summon medical aid if necessary.
a.
Whenever possible, officers will place the prisoner on their back
to avoid positional asphyxiation and/or cocaine psychosis.
5.
Never leave a prisoner unattended inside a vehicle.
6.
Search seating areas of transporting vehicles before and after each
prisoner transport.
7.
Use marked police vehicles equipped with screens.
8.
a.
In vehicles with security screens, transport a single prisoner on
the right side of the rear seat.
b.
Use the seat belt and lap restraint bar whenever possible.
c.
Engage the rear door and window locking system on vehicles
having this option.
d.
Secure sliding partition in vehicles equipped with Plexiglas.
One officer may transport two prisoners provided the vehicle is
equipped with a security screen and both prisoners are secured in the
rear seat with seat belts.
Rev. 03/10/09, Replaces 05/22/07
9
12.600
a.
9.
No more than two prisoners will be transported in any one
Department vehicle, with the exception of the Personnel
Transport Van stored at District One.
Officers will not transport prisoners in a vehicle without a screen.
a.
Under exigent circumstances a supervisor may approve the
transport of a prisoner in a vehicle without a screen.
1)
10.
Personnel Transport Van
a.
b.
11.
Districts/sections/units can borrow the Personnel Transport Van
parked in the 14th Street lot behind District One.
1)
Request the keys from a District One shift supervisor.
2)
Make a blotter entry at District One showing the:
Operating officer and unit of assignment.
b)
Date, time, and expected return.
c)
Reason for using the vehicle.
Notify the HCJC when expecting physical arrests numbering 20
or more.
Request the Hamilton County Sheriff's Patrol Wagon in advance
when expecting numerous physical arrests at planned events.
1)
E.
a)
Hamilton County Sheriff's Patrol Wagon
a.
12.
When transporting in vehicles without screens, use two
officers. The second officer sits in the rear seat behind the
driver with the prisoner to their right.
Call the HCJC Intake supervisor to request the wagon.
Upon arrival at the appropriate detention facility, officers will:
a.
Secure their firearms in the provided lock box or the trunk of the
police vehicle.
b.
Remove restraining devices from prisoners inside the detention
facility.
c.
Deliver all applicable arrest forms to the receiving officer.
d.
Obtain a signature for receipt of the prisoner.
Handling or Transferring Prisoners of Other Local Police Agencies
1.
Officers will verify the identity of a prisoner accepted from another
agency prior to transporting the prisoner to a detention facility.
Rev. 03/10/09, Replaces 05/22/07
10
12.600
2.
a.
Compare the other agency’s paperwork with the identification
and information (name, address, DOB, Social Security number,
etc.) provided by the prisoner.
b.
Officers will ensure that all necessary paperwork accompanies
the prisoner.
c.
Officers should note on the Form 527 any known or suspected
escape or suicidal tendencies and notify the detention facility.
When arresting an individual on a warrant issued by another local
police agency, the officer will:
a.
b.
F.
G.
Cite according to Procedure 12.555, Arrest/Citation: Processing
of Adult Misdemeanor and Felony Offenders, completing a Form
314, Notice to Appear, if the warrant was issued by a Hamilton
County jurisdiction, except Mayor's Court, and does not require a
physical arrest.
Immediately arrange to transfer the prisoner into that agency’s
custody if the warrant is for Mayor’s Court.
c.
Transport to the HCJC Intake if the warrant is not citable.
d.
When an officer makes an original physical arrest and the
individual has an outstanding warrant from another jurisdiction,
list the information on a Form 527 and contact the appropriate
jurisdiction to send a holder to Intake.
e.
When arresting an individual on a warrant issued by an adjoining
county, with no original charges from our department,
immediately arrange to transfer the prisoner into that agency's
custody.
1)
Contact the agency by phone to confirm the time and place
of transfer. If possible, arrange to meet in the field.
2)
When bringing a prisoner into a Cincinnati Police facility to
wait for the other agency, remain with the prisoner until the
other agency takes custody or until relieved by a
supervisor.
Prisoner Injuries
1.
Officers will document prisoner injuries occurring before police control
on a Form 527.
2.
Per Procedure 12.545, Use of Force, a supervisor will complete a
Form 18I, Injury to Prisoner, when a prisoner is injured, not the result
of force, while under or just prior to police control.
Hospitalized Prisoners
Rev. 03/10/09, Replaces 05/22/07
11
12.600
1.
2.
If not citable, complete a Form 527. Include in the "Facts" section:
a.
The name of the hospital.
b.
A brief description of the injury, illness, or mental condition.
c.
A complete description of the prisoner's clothing, and anything
else to help identify or locate the subject in case of escape.
When a prisoner is hospitalized at University Hospital:
a.
3.
4.
Notify the University of Cincinnati (UC) Police.
1)
Complete holder forms when requested by UC Police.
2)
Write the phone number of Police Communications Section
(PCS) on hospital holder forms and the yellow copy of
Form 527.
3)
Ask UC Police to notify PCS before discharging the
prisoner.
b.
Staple the yellow copy of Form 527 to the top copy of the holder
form and request UC Police keep the paperwork with the
prisoner for the next transporting officer. Hospital holder forms
stay at the hospital.
c.
Refer to Procedure 12.610, Prisoners: Guarding Hospitalized, for
guidelines in guarding prisoners at University Hospital.
When a prisoner is hospitalized at any other hospital:
a.
Notify hospital security.
b.
Request hospital security keep the yellow copy of Form 527 with
the prisoner for the next transporting officer.
c.
Write the phone number of PCS on the yellow copy of Form 527.
d.
Ask hospital security to notify PCS before discharging the
prisoner.
Processing the Form 527, Arrest Report
a.
During normal business hours – Monday through Friday from
0730 to 1700 hours, immediately deliver the Form 527 and
complaints/warrants to the Records Section, City Hall, 801 Plum
Street, Room 328.
1)
Records Section will immediately enter the arrest
information into the computer, placing the case on the next
available court docket.
Rev. 03/10/09, Replaces 05/22/07
12
12.600
a)
b.
For all other times (Monday through Friday from 1700 to 0730
hours, weekends, and holidays) immediately deliver the Form
527 and complaint/warrants to the Hamilton County Justice
Center (HCJC) Intake.
1)
HCJC will make a computer entry of the hospitalized
prisoner case information, placing it on the next available
court docket.
a)
c.
5.
Officers will remain at the Records Section until the
arrest information is entered. Officers will then hand
deliver the completed forms to the Hamilton County
Clerk's Office.
HCJC will deliver completed forms to the Hamilton
County Clerk’s Office.
For juvenile prisoners, immediately deliver the Form 527 and
complaints/warrants to the Juvenile Court Clerk's Office, 2020
Auburn Avenue.
Prisoner released from a hospital.
a.
If the prisoner was admitted, PCS will dispatch a uniformed unit
from the district where the hospital is located.
b.
If the prisoner was treated at the emergency room but not
admitted, PCS will dispatch a uniformed unit from the arresting
officer's district/section/unit.
c.
Transporting officers will:
1)
Contact hospital security to get the yellow copy of the
original Form 527.
2)
Query the prisoner through RCIC/NCIC.
3)
Contact the Hamilton County Clerk's Office to check for
any new charges filed on the prisoner.
4)
Contact the Central Warrant Processing Unit (CWPU) to
determine if the court issued a capias on the prisoner.
5)
a)
If a capias was issued for the original charge,
complete a new Form 527.
b)
Attach the yellow copy of the old Form 527 to the new
Form 527.
Unless the prisoner has a capias, the only paperwork
needed for transportation is the yellow copy of the original
Form 527.
Rev. 03/10/09, Replaces 05/22/07
13
12.600
6)
H.
I.
Handcuff, search, and transport a hospitalized prisoner the
same as original arrests.
Prisoner Escapes
1.
Immediately notify PCS.
2.
PCS will make an all county broadcast (ACB) and include the
following information:
a.
A complete description of the prisoner.
b.
Method and direction of travel if known.
c.
Offense the subject was in custody for.
d.
Prisoner's home address or other possible destination.
e.
Any other pertinent information.
3.
Notify a supervisor.
4.
The investigating supervisor will notify the involved district/section/unit
OIC. Notify the Night Chief if during working hours.
5.
The OIC of the involved district/section/unit will submit a Form 17 to
the Police Chief detailing the circumstances of all prisoner escapes
and attempts.
6.
File appropriate charges against the escapee.
Transporting Sick, Injured, or Disabled Prisoners
1.
Sick or injured prisoners.
a.
If a prisoner becomes sick or injured subsequent to arrest,
officers will immediately seek medical attention.
b.
Prisoners will remain handcuffed if possible.
c.
If possible, transport the prisoner to University Hospital and
notify a supervisor. If the prisoner is 12 years of age and under,
transport to Children’s Hospital.
d.
If the illness or injury requires EMT or paramedics, summon the
Fire Department to render aid and transport the prisoner to the
hospital.
1)
Notify a supervisor and another unit if the transporting unit
is one-person.
2)
One officer will remain with the prisoner while the other
responds to the hospital in non-emergency status.
Rev. 03/10/09, Replaces 05/22/07
14
12.600
2.
Transporting physically and mentally disabled prisoners
a.
Officers will transport a physically or mentally disabled prisoner
using a vehicle appropriate for providing the necessary care for
the prisoner.
b.
If a patrol vehicle is not appropriate consider using the following:
1)
Scout car.
2)
Prisoner van.
Rev. 03/10/09, Replaces 05/22/07
15
12.605
12.605 IDENTIFICATION OF PERSONS IN POLICE
CUSTODY AND WANTED PERSONS
Reference:
Ohio Revised Code - 109.60, 109.61
Ohio Revised Code 2921.31: - Obstructing Official Business
Procedure 12.555 - Arrest/Citation: Processing Of Adult Misdemeanor and
Felony Offenses
A.
B.
Purpose:
1.
To provide for orderly and uniform processing and identification of
arrested persons.
2.
To establish guidelines for placing a suspect in the Ten Most Wanted
File.
Procedure:
1.
All persons arrested under the following circumstances (O.R.C.
Sections 109.60 & 109.61) shall be fingerprinted and photographed.
a.
Any felony
1)
b.
Major case prints (includes palm prints) will be obtained in
the following specific felonies:
a)
Homicide and related offenses
b)
Rape, Gross Sexual Imposition, Sexual Imposition,
Felonious Sexual Penetration
c)
All robbery type offenses
d)
All burglary type offenses
e)
Forgery and Passing Bad Checks, repeat offenders
f)
Complicity in any of the above
g)
At the request of the officer for a serious or unusual
crime
Any of the following misdemeanors:
1)
All sex offenses:
a) Prostitutes processed during the past twelve (12)
months will not require processing for subsequent
arrests when charged with Prostitution, Soliciting or
Public Indecency.
Rev. 2/86, Replaces 6/86
1
12.605
2)
Any gambling offenses (except Public Gaming)
3)
All drug offenses (except Glue Sniffing and minor
misdemeanor possession of marijuana)
4)
All offenses involving a deadly weapon
5)
Unlawful Possession of a Deadly Ordnance
6)
Any Theft Offense
7)
Tampering With Coin Machines
8) Unauthorized Use of a Vehicle
9)
Passing Bad Checks
10) Misuse of a Credit Card
11) Defrauding a Livery or Hostelry
12) Receiving Stolen Property
13) Possession of Criminal Tools
14) Possession of Counterfeiting Materials
15) Endangering Children
16) Child Stealing
17) Criminal Child Enticement
18) Vehicular Homicide
19) Domestic Violence
20) Assault on a Police Officer
21) Resisting Arrest (supervisor's determination based on the
degree of resistance).
2.
Identification process will be handled by Sheriff's Office personnel at
Central Intake in accordance with their guidelines and procedures.
3.
In addition to the offenses outlined in B.1.b., arresting officers may
request Central Intake personnel to process:
a.
An arrest resulting from an unusual or serious offense as
determined by the arresting officer's supervisor.
b.
If a need for future identification is anticipated by the arresting
officer and his supervisor.
Rev. 2/86, Replaces 6/86
2
12.605
4.
Individuals arrested for an offense that is listed in section B. of this
procedure or that is a misdemeanor on the first offense and a felony
on subsequent offenses must be transported to Hamilton County
Justice Center Central Intake for identification processing, utilize
Arrest Form 527.
a.
C.
The individual may be eligible for release only after processing
and verification of identity is completed.
1)
If the officer recommends release after processing, check
block marked "O.R. Bond."
2)
Transporting officer will not wait for processing. However,
if a prisoner is discovered to be an impostor,
Warrant/Identification Unit (W/IU) will check for additional
warrants, and add existing warrants (if any) and the alias to
the Form 527 before final processing.
a)
W/IU will then contact Central Intake of the additions
and changes.
b)
W/IU will then contact the arresting officer, by phone,
if he is still on duty. If the arresting officer is off duty
W/IU will mail a copy of the amended Form 527 to
him through interdepartmental mail.
Wanted Persons File:
1.
2.
Each unit in the Investigation and Patrol Bureaus will keep a file of the
ten persons who have been identified and selected as The Crime
Stoppers Ten Most Wanted persons.
a.
The unit commander will identify a bulletin board to be used for
display of the most wanted photographs.
b.
The unit commander or his designee will make additions and
deletions to this file as soon as possible after they are received.
c.
When an addition to the file is received, it will be read at roll calls
for three consecutive days.
The ten most wanted will consist of persons approved by the Crime
Stoppers Most Wanted Advisory Board.
a.
The board will be comprised of:
1)
Police personnel assigned to the Crime Stoppers Program
2)
A representative from the Police Intelligence Coordinating
Agency (P.I.C.A.)
3)
A representative from the Northern Kentucky Intelligence
Network (N.K.I.N.)
Rev. 2/86, Replaces 6/86
3
12.605
4)
3.
Criteria for inclusion of subjects:
a.
b.
4.
The Cincinnati Police Department Property Crimes Unit
Commander
Subjects who are wanted on warrants or indictments charging
them with a serious felony offense or a series of felony offenses
will be considered.
1)
Information should be provided to indicate that the subject
is attempting to avoid arrest.
2)
It should also be shown that the subject's behavior is such
that he poses a significant hazard to the general welfare of
the persons and property in the Greater Cincinnati area.
No subject will be considered unless there is a warrant or
indictment on file.
Method for requesting a subject to be placed on the Crime Stoppers
Ten Most Wanted list:
a.
Information on the offenses involved, identifying data on the
subject and any other pertinent information will be submitted to
the Property Crimes Unit Commander for presentation to the
Crime Stoppers Most Wanted Advisory Board.
1)
This should be done in accordance with accepted
procedures established in the respective police agencies.
a)
b.
Cincinnati Police Department members must make
this request as follows:
1]
The investigator assigned to the case, upon
approval of his immediate supervisor, will submit
a Form 17, through channels, to the Criminal
Investigation Section Commander describing the
subject, the crime and other information
pertinent to the investigation.
2]
A copy of the warrant or indictment will be
included with this request.
3]
A photograph of the subject that is suitable for
reproduction and public dissemination must also
be included.
4]
Upon approval by the Criminal Investigation
Section Commander, this request will be given
to the Property Crimes Unit Commander.
An emergency request for a subject to be included on the most
wanted list can be directed to any member of the Crime
Stoppers Most Wanted Advisory Board.
Rev. 2/86, Replaces 6/86
4
12.605
1)
5.
Distribution of Wanted Person Bulletins
a.
Within Hamilton County, Ohio
1)
All law enforcement agencies will be notified of additions
and bulletins via R.C.I.C. administrative message.
2)
Agencies will be requested to obtain these bulletins at the
Cincinnati Police Criminal Investigation Section.
b.
Northern Kentucky Police Chiefs Association will be responsible
for distribution to Northern Kentucky police agencies.
c.
Notification of removal will be handled in the same manner as
distribution notices.
1)
6.
Upon removal notification, each agency will be requested
to properly destroy all outdated bulletins.
Routine Updating of Most Wanted List
a.
An accurate updated summary of the Crime Stoppers Ten Most
Wanted List will be prepared and distributed on a monthly basis.
1)
7.
This method of presentation is for emergency use only, an
immediate and imminent risk of serious physical harm must
exist.
This will assure that all agencies have current lists and that
any and all deletions have been removed.
Requests for removal should be processed the same as requests for
inclusion.
Rev. 2/86, Replaces 6/86
5
12.610
12.610
PRISONERS: GUARDING HOSPITALIZED
Reference:
Procedure 12.600 – Prisoners: Securing, Handling and Transporting
Procedure 12.900 – Processing Juvenile Offenders
Policy:
The officer assigned to guard a hospitalized prisoner will immediately notify the
investigating unit of any voluntary statements made by the prisoner pertaining to
any criminal activity or offense. Specifically, the officer should be alert for
accounts or descriptions of the offense for which the prisoner is currently under
investigation.
Information:
In instances where a hospital other than University Hospital is used for guarding
prisoners, the arresting unit will contact Criminal Investigation Section for
instructions.
Procedure:
A.
A supervisor from the arresting unit will decide whether or not to place a
police guard on a hospitalized prisoner. Supervisors should normally limit
decisions to guard prisoners to felony arrests and base the decision upon
the prisoner's physical condition.
1.
The supervisor who initiates the police guard at University Hospital will
notify the Patrol Bureau Commander in writing and the district in which
the arrest was made by telephone.
2.
A supervisor from the arresting district will notify Criminal Investigation
Section (CIS) and a District Four supervisor. The supervisor from the
arresting district is responsible for scheduling the initial guard detail as
set out below.
a.
The district in which the arrest occurred is responsible for the
guard for the remainder of the current shift and the next full shift.
The detail will then rotate among the five police districts on
successive shifts. CIS will notify other districts of their detail
times.
Rev. 05/16/06, Replaces 10/98
1
12.610
Example: A prisoner requiring a guard is arrested in District
Two. District Two will provide the guard for the
remainder of the current shift and the next full shift.
District Three will then assume responsibility for the
next successive shift, followed by District Four, Five,
and One in that order. Repeat the cycle until the
guard detail is over.
1)
Starting times for the guard detail are 0700, 1500, and
2300 hours. Guarding officers will report to the guard detail
in the uniform of the day with all related equipment. The
guarding officer will monitor Talk Group 4.
a)
2)
Officers responding to University Hospital may park in
Lot #27 (Highland Avenue Garage), located on
Highland Avenue at Goodman Street. Enter the lot
from Highland Avenue.
1]
This lot is available 24 hours a day. The Police
Department will pay the fee.
2]
Officers will identify themselves to the lot
attendant and explain the reason for parking.
3]
To maintain adequate records for billing
purposes, officers will sign their name, badge
number, and district of assignment on the
parking ticket. The lot attendant will keep the
ticket when the officer leaves.
4]
Lot attendant hours are 7:00 A.M. - 9:00 P.M.
Officers leaving when the attendant is off-duty
must have a University Hospital officer meet
them at the lot. The officer will operate the gate
to allow the guarding officer to leave.
If guarding a prisoner becomes a problem because of a
personnel shortage, a supervisor will contact the Patrol
Bureau Commander or his designee, during duty hours. At
other times contact the Night Chief or the designated Duty
Officer.
Rev. 05/16/06, Replaces 10/98
2
12.610
B.
District Four Supervisor Responsibilities
1.
Respond to University Hospital with leg irons, Form 661, Visitors
Registration, and Form 662, Prisoner Phone Log. These items are
assigned to District Four for exclusive use at University Hospital.
2.
Accompany the initial guarding officer and examine the location where
the prisoner is lodged. Give standard and special instructions to the
officer on a Form 311, Supplementary Offense Report, to provide
consistency between the shifts.
a.
C.
The guarding officer will pass these instructions on to the next
officer assigned to guard duty.
3.
Notify University Hospital Police at the start and again at the end of
the guard detail.
4.
Monitor the activities of personnel detailed to guard duty and provide
for meals and other relief as required.
Leg Irons
1.
The guarding officer will keep the prisoner in leg irons except when
removal is necessary for medical treatment.
a.
b.
Always secure one ankle to the bed frame.
1)
Attach the leg irons in a manner which give a degree of
comfort to the prisoner, while still maintaining security.
2)
Keep leg irons double locked.
Whenever the prisoner needs to use the bathroom, place the leg
iron attached to the bed frame onto the prisoner's other ankle.
1)
For safety reasons, attach the leg irons from the rear of the
prisoner.
2)
Check the bathroom to ensure nothing is inside that the
prisoner could use as a weapon or potential escape device.
Rev. 05/16/06, Replaces 10/98
3
12.610
D.
Transporting Prisoners Within The Hospital
1.
Guarding officers will remain alert and keep the prisoner in view at all
times. Notify a District Four supervisor at once if official hospital
activities (moving the prisoner to X-ray, etc.) endanger the security of
the prisoner.
a.
E.
Before moving the prisoner throughout the hospital, the officer
will notify University Hospital Police of the prisoner's destination
within the hospital.
Prisoner Visitation
1.
Admit only the spouse, parents, attorney, or clergy member of the
prisoner for contact visitation. The district or unit initiating the police
guard will approve visitation before any visit. A District Four
supervisor may approve additional visitors if a guarded prisoner is
near death. Limit these additional visitors to members of the
prisoner's immediate family only.
a.
Permit only one visitor at any one time.
b.
Visits must conform to visiting hours set by the hospital.
c.
Require each visitor to read and sign the Form 661. The officer
will verify the information and initial the Form 661. Refuse
admission if the visitor fails to comply.
d.
The guarding officer will phone the information on the Form 661
to CIS before ending his tour of duty.
e.
The guarding officer will watch visitors while with the prisoner to
protect against the exchange of weapons or contraband.
1)
2.
Prisoners may receive reading material only.
Prisoners may make one supervised telephone call per day of
reasonable duration (not to exceed thirty minutes) unless security
needs dictate the suspension of phone calls.
a.
Prisoners are not allowed to have cellular phones.
b.
Complete Form 662 each time a call is made. Log all telephone
calls by date, time, person called, and phone number. Contact
the floor charge nurse to get a telephone. The guarding officer
will place the call for the prisoner. Permit only local calls.
Rev. 05/16/06, Replaces 10/98
4
12.610
F.
Prisoner Release
1.
Whenever a guarded prisoner is released from the hospital, it is the
immediate responsibility of the on-duty police guard to notify District
Four and CIS. A District Four supervisor will respond and ensure all
equipment is returned to District Four special inventory. CIS will
immediately notify the districts the detail is over.
a.
2.
The responding District Four supervisor will send all copies of
the Form 661 and Form 662 to CIS.
The guarding officer is responsible for delivering the prisoner to the
Hamilton County Justice Center or the Hamilton County Juvenile
Court Youth Center. A District Four unit will meet the guard detail at
the hospital and transport the officer and prisoner to the jail.
Rev. 05/16/06, Replaces 10/98
5
12.615
12.615 DECEASED PERSONS/PRISONERS
Reference:
Procedure 12.230 - Fatal Crash Investigation and Placement of Related Charges
Procedure 12.616 - Notifications: Deceased Persons and Police Action Resulting
in Life Threatening Injuries/Death
Procedure 12.705 - Property Confiscation
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage
and Release
Ohio Revised Code 313.12 – Notice to Coroner of Violent, Suspicious, Unusual
or Sudden Death or any Death of a Mentally
Handicapped or Developmentally Disabled Person
Ohio Revised Code 313.13(A) - Autopsy
Hamilton County Coroner’s Office Manual: General Office Policies and
Procedures, Sections 2.4 & 2.18.0
Cincinnati Police Department Investigations Manual
Definitions:
Mentally Handicapped Person – A person having significantly subaverage
general intellectual functioning existing concurrently with deficiencies in adaptive
behavior, manifested during the developmental period.
Developmental Disability - A severe and chronic disability characterized by all
of the following:
1.
It is attributable to a mental or physical impairment or a combination
of mental and physical impairments, other than a mental or physical
impairment solely caused by mental illness as defined in division (A)
of section 5122.01 of the Revised Code.
2.
It is manifested before age twenty-two.
3.
It is likely to continue indefinitely.
4.
It results in one of the following:
a.
In the case of a person under three years of age, at least one
developmental delay or established risk;
b.
In the case of a person at least three years of age but under six
years of age, at least two developmental delays or an
established risk;
c.
In the case of a person six years of age or older, a substantial
functional limitation in at least three of the following areas of
major life activity, as appropriate for the person’s age: self-care,
receptive and expressive language, learning, mobility, selfdirection, capacity for independent living, and, if the person is at
least sixteen years of age, capacity for economic self-sufficiency.
Rev. 03/10/09, Replaces 06/27/06
1
12.615
5.
It causes the person to need a combination and sequence of special,
interdisciplinary, or other type of care, treatment, or provision of
services for an extended period of time that is individually planned
and coordinated for the person.
Purpose:
To ensure the timely and efficient investigation of incidents involving deceased
persons, while preserving potential evidence of a crime by securing the site
pending the release of the body by the Hamilton County Coroner.
To protect the dignity of persons who have died and to lessen the effects of the
death on members of the decedent’s family.
To ensure the timely transfer of information between the Police Department and
the Hamilton County Coroner’s Office.
Ensure proper handling of evidence in cases involving deceased persons.
Policy:
Officers will exhaust all reasonable means to determine whether a person is
deceased. It is better to make the mistake of sending someone to the hospital
who is already dead than for a person to die as a result of a wrong assumption.
A supervisor must respond to the scene of all deceased persons.
The Hamilton County Coroner or Coroner’s investigator will respond on all
deceased persons that are determined to be Coroner’s cases. They will make
the determination as to whether the case is considered a Coroner’s case or not.
No officer will touch or move the body unless advised by the Coroner or his
investigator; this includes removing identification.
Information:
A Hamilton County Sheriff’s Office (HCSO) prisoner detail will transport all
deceased persons that are determined to be Coroner’s cases.
The Police Department is required by law to report all deaths of mentally
handicapped and/or developmentally disabled individuals to the Coroner’s Office
regardless of the circumstances.
Procedure:
A.
Investigation of Non-Suspicious or Natural Deaths
1.
Officer’s Responsibilities:
a.
Upon the discovery of a deceased person, use all reasonable
means to determine whether the person is dead:
1)
Inspect the body for any signs of life. Check for airway
obstructions, breathing, and pulse.
Rev. 03/10/09, Replaces 06/27/06
2
12.615
2)
If unable to determine after using all reasonable means,
request the Fire Department respond.
b.
The on-scene officer will notify a supervisor.
c.
Secure the scene until the arrival of a supervisor.
d.
1)
Do not touch or move the body. This includes removing a
wallet, looking for identification or rolling the body to take
photographs.
2)
Do not move anything or alter the scene. This includes
opening windows, changing thermostats or fans, or turning
on or off lights.
The initial investigating officer will complete a Form 316A,
Deceased Person Report.
1)
If the officer obtains complete information at the scene, the
Hamilton County Coroner's Office may be able to authorize
release of the body directly to a funeral director.
a)
Advise the funeral home to contact the reporting
district with the death pronouncement information
required for the Form 316A.
1]
e.
2.
The district will fax the completed Form 316A to
the Coroner's Office.
A physician on the scene may make the official death
pronouncement. The officer must still receive instructions from
the Hamilton County Coroner's Office regarding disposition of
the body.
Supervisor’s Responsibilities
a.
The district supervisor on the scene will assume command of the
initial investigation and immediately contact the Hamilton County
Coroner’s Office.
1)
Notification to the Hamilton County Coroner’s Office will be
made in all accidental or natural deaths, except natural
deaths at nursing homes (see Section F.) and the death of
a child who was an in-patient at Children’s Hospital (see
Section B.2.). These exemptions do not apply to
individuals who were mentally handicapped or
developmentally disabled. The supervisor must notify the
Coroner’s Office in all cases where the deceased was
mentally handicapped or developmentally disabled.
2)
The Coroner's Office will evaluate the circumstances of the
death with the supervisor. The Coroner's Office will
determine if the case is a Coroner’s case.
Rev. 03/10/09, Replaces 06/27/06
3
12.615
b.
a)
If the Coroner's Office sends an investigator and/or
forensic pathologist to the scene, the supervisor will
remain at the scene and coordinate the investigation
with the Coroner's Office.
b)
If the Coroner's Office does not send an investigator
and/or forensic pathologist to the scene, the district
supervisor will proceed with the death investigation.
If the Coroner’s Office does not respond, photograph the body in
the position it was discovered.
1)
Unless prevented by scene restrictions, take additional
photographs of the right, left, top, and bottom sides of the
body, moving the body to photograph, if necessary.
2)
Properly label photographs with the date, time, address,
and identity of the photographer.
a)
c.
Make arrangements for next of kin notification in accordance
with Procedure 12.616, Notifications: Deceased Persons and
Police Action Resulting in Life Threatening Injuries/Death.
1)
If the deceased is determined to be indigent, officers will
contact the Northern Kentucky and Cincinnati Mortuary
Services at 1-800-884-6739. They will respond to transport
the body.
a)
B.
Attach photographs to the Form 316A.
If there is a dispute between the mortuary service and
the supervisor as to the financial status of the
deceased, contact the Hamilton County Coroner’s
Office for direction.
Investigation of Homicide or Suspicious Deaths
1.
If there is evidence the death was due to homicide, suicide, suspected
suicide, fire, death while in police custody, death involving suspicious
circumstances, or the death of a child seven years of age or younger,
a supervisor will immediately secure the crime scene and post an
officer or officers to restrict entry into the scene.
a.
A supervisor will assign an officer to complete a Form 390,
Crime Scene Admittance Log, documenting the personnel who
have entered the scene, the time and date they entered, the
reason for entering, and the time and date they exited the scene.
1)
No one is to touch or move the body. This includes
removing a wallet, looking for identification or rolling the
body to take photographs.
Rev. 03/10/09, Replaces 06/27/06
4
12.615
2)
b.
No one is to alter the scene. This includes opening
windows, changing the thermostat or fans, or turning on or
off lights.
A district supervisor will contact the Homicide Unit explaining the
circumstances requiring their response. The first officer on the
scene, the notifying supervisor, and any other officer with
pertinent information will remain on the scene. No one will be
released except by a Homicide Unit supervisor or ranking
Homicide Unit investigator.
1)
When the Homicide Unit arrives, the ranking Homicide Unit
supervisor or investigator will take command of the
investigation.
a)
Homicide Unit personnel are responsible for
completing the Form 301, Cincinnati Police
Department Incident Report, for the homicide.
b)
District personnel on scene are responsible for the
completion of any other reports.
1]
c.
2.
3.
The investigating officer will complete a Form
316A and fax it to Criminal Investigation Section
(CIS).
Homicide Unit personnel will insure the Coroner’s Office was
notified for all deaths involving homicide, suicide, suspected
suicide, fire, suspicious circumstances, children seven years of
age or younger, mentally handicapped or developmentally
disabled individuals who died as the result of an above listed
occurrence; or if the death occurred while in police custody.
Homicide Unit personnel will provide the relevant preliminary
information regarding the death.
Officers dispatched to Children’s Hospital regarding the death of a
child will immediately notify the Homicide Unit and request a district
supervisor respond.
a.
Homicide Unit personnel will respond to consult with the
attending physician and assume command of the investigation.
b.
The attending physician at Children’s Hospital is responsible for
notifying the Coroner’s Office prior to requesting an officer
respond.
The HCSO will investigate all deaths occurring at the Hamilton County
Justice Center, River City Correctional Center, Queensgate
Correctional Facility, and the Hamilton County Juvenile Court Youth
Center.
Rev. 03/10/09, Replaces 06/27/06
5
12.615
C.
Deceased Prisoners
1.
Officers will immediately notify a supervisor.
2.
The responding supervisor will summon the Homicide Unit and
Internal Investigations Section (IIS) when a person, while under or just
prior to police control and as a result of police activity, dies or suffers
life threatening injuries.
3.
D.
a.
Homicide Unit and IIS will conduct a prompt and thorough
investigation of any incident where a person dies while in police
custody.
b.
Police personnel will cooperate fully in the investigation.
Notify the District Commander or, if at night, the Night Chief.
Crime Scene Protection
1.
The first supervisor on the scene will ensure the crime scene is
secure.
2.
The supervisor on the scene will assign an officer to complete a Form
390 documenting the personnel who have entered the scene, the time
and date they entered, the reason for entering, and the time and date
they exited the scene.
3.
Officers will not touch anything unless absolutely necessary and will
not take any photographs. No one will be allowed to enter the scene
until the Homicide Unit arrives. Criminalistics Squad will process the
scene.
a.
Weapons may need to be secured for safety reasons, or if the
scene will undergo an uncontrollable change such as fire,
explosion, flooding, etc.
1)
b.
E.
Photograph any weapon(s) before moving. Note the time,
location, where it was placed, and the person who moved
the weapon.
Refer to the Investigations Manual for in-depth guidelines.
Investigations of Accidental Deaths
1.
Some scenes require extra officer safety precautions. Be sure the
scene is safe to work in before investigating.
a.
Notify the Cincinnati Fire Department or Building Department as
necessary.
Rev. 03/10/09, Replaces 06/27/06
6
12.615
2.
Secure any equipment possibly involved in the death, e.g., electrical
equipment that may have fallen into a bathtub, a jack believed to be
faulty, a space heater emitting toxic gases, etc.
a.
F.
Submit any evidence for examination according to Procedure
12.715, Property and Evidence: Accountability, Processing,
Storage and Release.
Natural Deaths at Nursing Homes
1.
An officer and a supervisor will respond, if summoned, to the scene to
investigate.
a.
The Coroner’s Office does not need to be notified by police,
unless the deceased individual was mentally handicapped or
developmentally disabled.
1)
b.
2.
If the deceased has been the victim of a previous assault or the
subject of previous patient abuse, the Coroner’s Office and
Homicide Unit must be notified.
1)
Contact CIS and request a records check.
2)
Review the patient’s records.
Advise the nursing home staff it is their responsibility to notify the next
of kin and arrange for disposition of the deceased.
a.
Deceased persons with no known next-of-kin, who require
county burials or storage for other reasons, will be accepted at
the Hamilton County morgue.
1)
G.
A Form 316A will not be made.
It is the responsibility of the nursing home to arrange
transportation to the morgue.
Expected Deaths of Terminally Ill Hospice Patients
1.
Expected deaths at a residence, rather than in a health care facility,
come under the Coroner’s jurisdiction.
2.
Home health care/hospice nurses are required to report these deaths
to the Coroner’s Office using their Standard Death Report Form.
a.
This includes disposing of any remaining medication, securing a
pronouncement for the death certificate, ensuring there were no
recent falls or unnatural events, and that a funeral home has
been contracted to transport the deceased.
Rev. 03/10/09, Replaces 06/27/06
7
12.615
3.
An on-scene hospice nurse relieves the Police Department of death
reporting responsibility in cases of expected deaths of terminally ill
hospice patients.
a.
If needed, an officer and a supervisor will respond to the scene
to investigate. If an officer and supervisor respond, the
supervisor has the responsibility to ensure the appropriate
Coroner’s Office notification was made if the death involved a
mentally retarded or developmentally disabled individual.
1)
4.
H.
A Form 316A will not be made.
This does not relieve or preclude an officer on the scene from
investigating the circumstances of a death.
Disposition of Property According to Type of Death Report
1.
If the deceased lived alone, secure the premises.
a.
Officers will not do an inventory search.
2.
Direct all inquiries about the premises and personal property to the
Coroner's Office. Final disposition of personal effects is the
responsibility of the Coroner.
3.
If the deceased lived alone and the body must go to the morgue,
secure the premises even if next-of-kin is present. Explain to the
next-of-kin that re-entry into the premises requires authorization from
the Coroner's Office.
4.
If the Coroner's Office releases the body, the next of kin can make
arrangements to have a funeral home respond.
a.
5.
Police do not need to inventory or secure the property.
In cases of a suspected homicide, Homicide Unit personnel will
consult with the Coroner’s Office to determine what property will be
transported with the body to the Coroner’s Office and what property
will be processed as evidence according to Procedure 12.715,
Property and Evidence: Accountability, Processing, Storage and
Release.
Rev. 03/10/09, Replaces 06/27/06
8
12.616
12.616 NOTIFICATIONS: DECEASED PERSONS AND
POLICE ACTION RESULTING IN LIFE THREATENING
INJURIES/DEATH
Reference:
Procedure 12.230 - Fatal Crash Investigation and Placement of Related Charges
Procedure 12.615 - Deceased Persons/Prisoners
Procedure 18.106 - Police Clergy Program
Procedure 18.120 - Standards for Releasing Information to the News Media
Standards Manual - 13.1.5, 55.2.7
Policy:
When life threatening injury or death results from police intervention or action,
the Police Chief or designated member of the command staff will endeavor to
make personal contact and notification with that person’s immediate family. The
notification shall include the offer of the use of all available support resources,
e.g., Police Clergy, CPAC, etc.
The investigating unit supervisor is responsible for notification of the next of kin
for all other incidents.
Police personnel will make death notifications in person whenever possible.
Deliver the notification with tact and sensitivity. Before arrival, learn as much as
possible about the next of kin. Extra precautions in the notification may be
necessary if the next of kin is elderly or of fragile physical or mental health.
Information:
The Hamilton County Coroner's Office aids local police agencies in their
investigation of deceased persons. However, notification of the next of kin is the
responsibility of the agency investigating the death, not the Coroner's Office.
The Hamilton County Coroner’s Office does not allow viewing of the deceased
for identification purposes. The use of forensic science is the primary tool in
identification. If forensics does not establish identification, photographs of the
deceased can be used by the Coroner’s Office. Officers should not direct next of
kin to respond to the Coroner’s office to identify the deceased. Next of kin should
be directed to contact the Coroner’s Office during business hours for direction.
Procedure:
A.
Notification Responsibility:
1.
The responding district supervisor is responsible for notifying the next
of kin when the district investigates the death.
a.
The district supervisor will make a blotter entry noting the
disposition of the notify.
Rev. 03/10/09, Replaces 01/01
1
12.616
b.
If the notify is not completed by the end of the initial shift's tour
of duty, the following shift officer-in-charge (O.I.C.) will ensure
notification attempts continue.
1)
At 0800 hours, the O.I.C. will make a blotter entry
designating the investigative unit supervisor assigned to
continue notification attempts.
a)
2.
B.
Forward all records of the next of kin investigation
and all notification attempt information to the
investigative unit O.I.C.
Responsibility for notification of the next of kin transfers to the
responding supervisor or senior officer of any section/unit taking
charge of an investigation. This includes Traffic Unit on auto fatalities
or Homicide Unit on any questionable or suspicious deaths.
a.
The initial responding supervisor will continue notification
attempts until investigation responsibility transfers to another
investigating unit.
b.
The district supervisor will make a blotter entry noting the person
taking over the responsibility of notification.
Notification Process:
1.
If the next of kin is present, the responding supervisor will make the
notification.
2.
If the next of kin is not present and within the City limits:
a.
Attempt to obtain a member of the Police Clergy Team to assist
with the notification.
1)
b.
3.
Make the notification in person.
When the next of kin is in Hamilton County but outside City limits, first
notify the local police agency. They may be able to provide
information on the next of kin.
a.
4.
Meet the Clergy Team member at a site other than the
location of the next of kin. Determine in advance how to
present the notification.
Advise the agency of your estimated time of arrival and request
their response.
When the next of kin is outside Hamilton County, use Police
Communications Section (PCS) for the notification.
a.
Contact PCS and provide the following information for the
notifying agency:
1)
Name and address of the next of kin
Rev. 03/10/09, Replaces 01/01
2
12.616
5.
2)
Name of the deceased
3)
Name and phone number of the investigating
district/section/unit where the family may call for further
information
4)
Coroner's Office telephone number for further information
and funeral home designation
After notifying the next of kin, record the following information in the
appropriate blotter and in all applicable reports:
a.
The name of the person contacted, when, and by whom. Note
the contacted person's relationship, address, and phone
number.
b.
The teletype message numbers when used, especially when the
notify involves outside agencies.
1)
c.
When other units make notification of next of kin, someone
from the unit will notify the district of occurrence for a
blotter entry.
The name of the person contacted at the Hamilton County
Coroner's Office regarding the next of kin notification.
Rev. 03/10/09, Replaces 01/01
3
12.620
12.620 CRIMINAL PURSUIT FUND
Policy:
The unit supervisor may approve criminal pursuit fund disbursements up to
$500.00. The Unit Commander must approve $500.00 to $2000.00
disbursements. The Section Commander must approve disbursements of
$2000.00 to $10,000.00. The Bureau Commander must approve any
disbursement in excess of $10,000.00.
District, Section, Bureau Commanders or the Police Chief may institute stricter
levels of approval for criminal pursuit fund disbursements.
Information:
The district/section/unit commander is responsible for the security,
accountability, disbursement, and use of criminal pursuit funds.
Department personnel will not use criminal pursuit funds for office supplies and
other routine expenditures. Department personnel may use criminal pursuit
funds to:
•
Make the necessary expenditures to maintain anonymity of officers
involved in covert operations.
•
Facilitate criminal investigations in other jurisdictions.
•
Purchase information, contraband, articles, or other items which will aid in
criminal investigations.
•
District/section/unit commanders will report to Inspections Unit any special
problems which prevent strict compliance with this procedure.
Procedure:
A.
Criminal Pursuit Fund Disbursement Ledger
1.
The district/section/unit commander will maintain a bound ledger to
record all transactions. Entries will be recorded in ink. Line and title
the columns as follows:
a.
Transaction Number - Numerical sequence followed by the
current year.
Example: 1-04, 2-04, 3-04, etc.
b.
Date of disbursement
c.
Reasons for transaction
d.
Disbursing officer's signature
e.
Receiving officer's signature and badge number
Rev. 12/02/03, Replaces 6/97
1
12.620
f.
Closing date
g.
Returned/added to fund
h.
Issued from fund (expense)
i.
Balance after each transaction or return
2.
3.
The district/section/unit commander or designee will disburse all
money. Each officer authorized to disburse funds will sign his name
in the space provided in the front of the ledger. When this
authorization is rescinded for any reason, note it in the space
provided.
a.
4.
B.
Do not erase, black out, or white out improper entries.
Strike a single line through the improper entry and insert
the correct entry above it.
The disbursing officer will not disburse funds to himself.
1)
The disbursing officer is the person who initially removes
money from the fund for redistribution to other employees.
2)
An employee who receives money from the disbursing
officer for redistribution to other employees is not
considered a disbursing officer.
Assign a transaction number for each disbursement.
a.
The entry will include the date, a brief reason for the transaction,
the signature of the disbursing officer, and the signature and
badge number of the receiving officer.
b.
After each transaction, the disbursing officer will record the
current balance in the proper column.
5.
Reenter money returned using the originally assigned transaction
number.
6.
The district/section/unit commander will review each completed ledger
page and sign the lower right corner indicating approval of all
transactions.
Criminal Pursuit Fund Expense Report (Form 680)
1.
Each officer receiving money from the fund will record all expenditures
on a Criminal Pursuit Fund Expense Report (Form 680).
a.
Use the computer generated or preprinted Form 680. Do not
make any copies of this form.
b.
Do not erase, black out, or white out improper entries. Strike a
single line through the improper entry and insert the correct entry
above it.
Rev. 12/02/03, Replaces 6/97
2
12.620
C.
A Form 680 may contain entries from several different
investigations involving money from the same transaction
number.
d.
When possible, include the offense number, name(s), sex, race,
and address of those involved, property recovered, weight and
disposition of drugs, charges placed, etc.
e.
When using a confidential informant (CI), include the CI number
and indicate a signed receipt obtained.
f.
Number multiple Form 680s, dispersed to different officers from
a single transaction, using the original transaction number plus
the letter A, B, C, etc.
g.
Index all Form 680s by transaction number and maintain them in
a three-ring binder.
h.
Officers will return left over funds from a transaction to the
disbursement officer along with the Form 680.
1)
The disbursement officer will enter the amount of money
returned in the ledger under the "Returned/Added to Fund"
column. The "Balance" column will increase by the amount
of money returned.
2)
Do not close a transaction by transferring left over money
to the next transaction.
2.
An officer should close a transaction within 30 days. List on a Form
17 any reasons for not closing the transaction (investigation in
progress, etc.). File the Form 17 with the Form 680s in the three-ring
binder.
3.
Department personnel will not hold criminal pursuit funds for court.
4.
The district/section/unit commander will determine the status of any
disbursement not closed within 30 days.
Replenishment of Funds
1.
D.
c.
Submit a Form 17 to the Fiscal and Budget Section summarizing
individual ledger entries and requesting a replenishment of funds.
Auditing Criminal Pursuit Funds
1.
The Inspections Section and the Fiscal and Budget Section will
conduct inspections and audits of these records four times a year.
The four auditing periods are:
a.
January 1 through March 31.
b.
April 1 through June 30.
Rev. 12/02/03, Replaces 6/97
3
12.620
c.
July 1 through September 30.
d.
October 1 through December 31.
2.
Units will balance criminal pursuit funds at the end of each auditing
period. Units will then start a new page or ledger for the next auditing
period.
3.
Do not record expenditures from the January to March auditing period
in the April to June auditing period, etc., and vice versa.
4.
Disbursement officers may either:
a.
Collect unspent funds from transactions at the end of each
auditing period and issue new funds, or
b.
Make interim report entries in the ledger to show what part of the
funds were spent in one auditing period and what portion was
carried over and spent in the new auditing period.
5.
When expenditures from disbursements issued to officers are not
spent or returned by the end of March, June, September, and
December, officers will record the remaining expenditures from the
disbursement on a separate Form 680.
6.
The total expenses listed on the Form 680s should be equal to the
expenses listed in the ledger, minus the officer's returns.
Rev. 12/02/03, Replaces 6/97
4
12.625
12.625
FLYING ARMED ON OFFICIAL BUSINESS
Reference:
Title 49, Code of Federal Regulations, Section 1544.219
Definitions:
Federal Air Marshals – specially trained and equipped Federal law enforcement
officers assigned to selected flights to take necessary action to prevent hijacking
of an aircraft and loss of life. Protection of their identity is critical.
Federal Flight Deck Officer – a pilot who has volunteered, been selected for,
and completed a Transportation Security Administration Training Program,
authorizing them to carry a firearm to protect the flight deck of an aircraft.
Transportation Security Administration (TSA) – The Federal branch of the
U.S. Department of Homeland Security that regulates security for air travel.
Information:
Full-time municipal, county, and state law enforcement officers are permitted to
be armed on commercial aircraft when on official business necessitating a need
to have a weapon on a specific flight segment. Some examples of a
demonstrated need to be armed are:
•
•
•
Protective escort duty.
Hazardous surveillance operations.
On official business and required to arrive prepared for duty.
An airline has the authority to refuse to allow a law enforcement officer to fly
armed.
Sworn personnel are reminded to be discreet in all aspects of flying armed. This
includes when notifying the airline representative, presenting the necessary
documents, bypassing the Passenger Screening Checkpoint, and while onboard
the flight.
After boarding but prior to closing the aircraft’s doors, the airline crew must notify
the Pilot-In-Command of the airline of each armed law enforcement officer
aboard the aircraft. The airline crew must also notify armed law enforcement
officers of the location of other armed law enforcement officers aboard the
aircraft, including Federal Air Marshals and Federal Flight Deck Officers.
The Pilot-In-Command is the final authority onboard the aircraft.
Policy:
Only sworn personnel on official Police Department business who have
completed the Transportation Security Administration’s Law Enforcement Flying
Armed Training Course will fly armed.
Rev. 12/16/08, Replaces 04/03/07
1
12.625
Only the Police Chief or an assistant police chief can grant authorization for
sworn personnel to fly armed.
Sworn personnel flying armed may not consume alcohol within the eight hours
prior to the flight nor consume any alcohol while onboard the flight.
Procedure:
A.
B.
Officers Identifying a Need to Fly Armed Shall
1.
Complete Form 17, Authorization to Fly Armed, and forward it through
channels for approval.
2.
After receiving approval from the Chief, the officer must request
authorization from the TSA through the National Law Enforcement
Telecommunications System (NLETS) at least 24 hours prior to the
scheduled flight.
3.
The Officer must notify his immediate supervisor or a supervisor
designated by the unit/section commander who will assist with the
NLETS request.
a.
The request message should be sent to ORI : VAFAM0199
b.
Once the request is received by the TSA, a return message will
be sent containing an authorization code.
c.
The officer must present the NLETS response message with the
authorization code during the check – in process.
Airport Check-In Process
1.
Check in at the ticket counter of the affected airline at least one hour
prior to flight departure. In emergency circumstances, notify the
affected airline as soon as possible if less than one hour.
2.
Identify yourself as a law enforcement officer who is flying armed to
the airline representative.
3.
Present the following credentials at the ticket counter:
a.
Cincinnati Police Department Identification Card and badge.
1)
b.
A badge alone will not be accepted as a means of
identification.
Original Form 17, Authorization to Fly Armed.
1)
A photocopy will not be accepted.
2)
Retain the original Form 17, Authorization to Fly Armed, for
all segments of the flight itinerary.
Rev. 12/16/08, Replaces 04/03/07
2
12.625
4.
c.
Original copy of the NLETS authorization response message
with the authorization code.
d.
State of Ohio Driver’s License.
The airline should issue a “Notice of Law Enforcement Officer (LEO)
Flying Armed” form or equivalent.
a.
5.
Fill out the form completely, accurately, and sign.
If the airline refuses to allow you to fly armed:
a.
Request assistance from the airline’s Customer Service
Representative who may be able to assist in resolving issues
encountered at the ticket counter or boarding gate.
b.
If the issue cannot be resolved and the airline still refuses to
allow you to board the plane armed, place the unloaded weapon
and ammunition in checked baggage.
1)
A locked, hard-sided container is required to store the
firearm if being placed in checked baggage. Sworn
personnel should always bring this item with them in their
checked baggage in case the airline refuses to allow them
to fly armed.
a)
C.
Ammunition must be placed in the factory carton or
other similar packaging. Ammunition may not stay
loaded in the weapon’s magazines.
Check-In Process for Screening Checkpoints
1.
After leaving the airline ticket counter, respond to the checkpoint of
the assigned gate.
2.
Proceed to the checkpoint exit lane and identify yourself as a law
enforcement officer who is flying armed to a TSA agent.
3.
Present the following documents for inspection:
4.
a.
Cincinnati Police Department Identification Card and badge.
b.
Original Form 17, Authorization to Fly Armed.
c.
Original NLETS message with authorization code.
d.
State of Ohio Driver’s License.
e.
“Notice of LEO Flying Armed” form.
The TSA agent will contact a representative from the local law
enforcement agency whose jurisdiction covers the affected airport to
respond and verify the credentials.
Rev. 12/16/08, Replaces 04/03/07
3
12.625
5.
D.
If problems are encountered, request to speak to a TSA Screening
Supervisor who may be able to resolve issues encountered at the
screening checkpoint.
Check-In Process at Boarding Gate
1.
Upon arrival at the boarding gate, identify yourself as law enforcement
officer who is flying armed to the gate agent and discreetly present the
“Notice of LEO Flying Armed”.
2.
Upon boarding the plane, present the “Notice of LEO Flying Armed”
form to the flight crew.
a. The flight crew and/or Pilot-In-Command may also request to see
your credentials and authorization form.
3.
Present the “Notice of LEO Flying Armed” form to the gate agent and
flight crew on all segments of the flight itinerary, including transfer and
connector flights.
4.
The Pilot-In-Command has the final approval on whether a law
enforcement officer will fly armed on the plane.
a.
E.
Officers Flying Armed
1.
Shall at all times keep the firearm concealed and out of view of the
public, if not in uniform.
2.
Shall at all times keep complete control of the firearm on their person.
a.
3.
The firearm may not be carried off the officer’s person in any
manner, i.e., carried in a purse or placed in an overhead storage
compartment.
Shall not carry the Department issued chemical irritant or any other
type of self defense spray onto a commercial aircraft, even if in
uniform.
a.
F.
If the Pilot-In-Command refuses to allow an officer to fly armed,
place the firearm in checked baggage.
The issued chemical irritant canister may be carried in checked
baggage.
Response to Incidents aboard Aircraft
1.
For disorderly passengers and other non-life threatening situations,
allow the flight crew to handle the incident. They have been trained to
handle most crisis situations.
a.
Only assist if requested by airline personnel.
Rev. 12/16/08, Replaces 04/03/07
4
12.625
G.
2.
For aircraft hijackings or other life-threatening situations do not take
action if there are Federal Air Marshals onboard unless they
specifically request assistance.
3.
For aircraft hijackings or life-threatening situations when there are not
Federal Air Marshals aboard, take the necessary action to prevent
loss of life or serious physical harm.
Discharging of Firearms aboard Aircraft
1.
Officers who are required to discharge their firearm aboard an aircraft
to prevent loss of life or serious physical harm are cautioned that shot
placement is critical. Errant shots that do not strike an intended target
may cause:
a.
Damage to the hydraulic, fuel, electrical systems, or engine of
the airplane.
b.
Possible fire.
c.
Serious injury or death to innocent persons.
Rev. 12/16/08, Replaces 04/03/07
5
12.630
12.630 USE OF THE POLYGRAPH, COMPUTER VOICE
STRESS ANALYZER, AND THE HYPNOTIST
References:
Standards Manual - 42.2.8, 52.1.7
General Information:
Polygraph and computer voice stress analyzer (CVSA) examinations supplement
an investigation, but officers should not consider these examinations a substitute
for field investigation. Officers should conduct investigations thoroughly and
explore all possible aspects of the case.
Officers may use polygraph/CVSA examinations to identify or eliminate possible
suspects and to verify information received from witnesses and victims.
Officers should not assume a person is unfit for a polygraph/CVSA examination.
If any doubt exists, contact the polygraph/CVSA examiner.
The following physical or psychological conditions may affect the results of a
polygraph/CVSA examination:
- Permanent illness, such as heart or respiratory diseases
- Mental disability or suicidal tendencies
- Pregnancy
- Immaturity or senility (will not affect a CVSA examination)
- Psychosis or drug addiction (will not affect a CVSA examination)
Policy:
Officers may conduct polygraph examinations only on felony offenses, but may
conduct CVSA examinations on misdemeanor or felony offenses.
All other polygraph/CVSA examinations, including those requested by outside
agencies, must have the approval of the Police Chief or his designee.
Conduct polygraph/CVSA examinations on juveniles only after obtaining consent
from either:
- The juvenile's legal, custodial parent(s), who must be present during the
explanation and signing of the Notification of Rights (Form 600) and
Consent Agreement (Form PG101), or
- A judge of Juvenile Court.
Rev. 8/96, Replaces 8/95
1
12.630
Procedure:
A.
Appointment:
1.
Discuss the case with the unit supervisor.
2.
After obtaining approval from the unit supervisor, the officer will:
a.
Contact the senior polygraph examiner at the Criminal
Investigation Section (CIS) for available scheduling dates and
times for polygraph examinations or
b.
Contact a Personal Crimes Unit (PCU) supervisor to reserve the
CVSA and obtain available scheduling dates and times.
1)
3.
B.
Officers should obtain a list from PCU of standard
questions asked during a computer voice stress analysis.
Tape an interview with the subject. The tape can then be
analyzed as well as having the subject analyzed in person.
Contact the examinee to schedule a date and time for the
examination.
a.
Explain clearly to the examinee the voluntary nature of the
examination. Clearly state the examination will not be
conducted unless the person is willing to take it.
b.
Stress the idea the examination process allows the examiner to
verify the truthfulness of the examinee. Indicate only that the
examination is easy to administer and the examiner will explain
its operation.
c.
Advise the examinee the amount of time for examinations vary.
The average polygraph examination requires approximately four
hours and the CVSA examination requires approximately one
hour. This should serve only as a general guideline.
d.
Advise the examinee to eat and obtain proper rest before the
examination.
4.
Contact the senior polygraph examiner or the CVSA examiner again
and confirm the date and time for the polygraph/CVSA examination.
5.
Polygraph/CVSA examiners will schedule and conduct examinations
on short notice for emergencies or exceptional circumstances, unless
extensive interrogation of the examinee has taken place immediately
prior to the examination being conducted.
Required Information for Polygraph/Computer Voice Stress Analyzer
(CVSA) Examinations:
1.
Polygraph/CVSA examination results will normally be in direct relation
to the volume and accuracy of the information supplied by the officer.
Rev. 8/96, Replaces 8/95
2
12.630
2.
C.
D.
Before an examination, forward copies of the following to the
polygraph/CVSA examiner's office:
a.
A case summary report of the case to date
b.
Description of the evidence
c.
Statements of complainants, witnesses, and others involved
d.
Information and evidence linking the subject to the offense. This
will include motive, opportunity, personal statements, alibi,
counter alibi information, etc.
e.
Known criminal history of the subject. Also known or suspected
mental or physical condition history that could bear upon the
validity of the examination.
f.
Information withheld from the examinee and known only to the
perpetrator of the offense
On the day of the examination:
1.
Have the examinee at CIS for the polygraph examination or at the
district/predetermined place for the CVSA examination on the
appointed date and time.
2.
Avoid discussing the case with the examinee immediately before the
examination.
3.
Attempt to ensure the examinee is not under the influence of alcohol
or drugs.
4.
Bring all reports, records, and statements pertaining to the case to the
examination.
5.
Remain with the examinee to monitor throughout the examination.
After the examination, the polygraph/CVSA examiner will:
1.
Discuss the results of the examination with the investigating officer.
2.
Interrogate all examinees identified as deceptive in an attempt to elicit
a confession.
3.
Submit a typed polygraph report to the investigating officer within five
to seven days of the polygraph examination
a.
E.
A typed report is not necessary after conducting a CVSA
examination.
Use of the Hypnotist:
1.
In some cases, a hypnotist can obtain maximum information from a
witness or victim through hypnosis.
Rev. 8/96, Replaces 8/95
3
12.630
2.
Coordinate all requests for services of the Department's hypnotist with
the CIS Commander.
3.
Hypnotize the witness or victim as soon as possible after the event
under investigation.
Rev. 8/96, Replaces 8/95
4
12.700
12.700
SEARCH WARRANTS/CONSENT TO SEARCH
References:
Ohio Revised Code 2933.21 - Search Warrant
Ohio Revised Code 2933.22 - Probable Cause
Ohio Revised Code 2933.23 - Affidavit for Search Warrant
Ohio Revised Code 2933.241 - Inventory of Property Taken
U.S. Supreme Court No. 98-83 - Wilson v. Layne
Ohio Supreme Court – Middletown v. Flinchum
Procedure 12.131 - Confidential Informant
Procedure 12.175 - Use of Special Weapons and Tactics Unit
Procedure 12.735 - Federal and State Forfeitures
Procedure 12.701 - Electronic Search Warrants
Purpose:
Aid in detecting and arresting persons committing crimes and in procuring
evidence in criminal cases.
Prevent the suppression of evidence and dismissal of cases on procedural
grounds.
Develop public confidence in the Police Department by carrying out the police
function in an ethical and lawful manner.
Protect the constitutional rights of citizens.
The primary goal of any high-risk tactical operation is always safety. That means
the safety of all officers involved as well as innocent bystanders and subjects. A
secondary concern is the retrieval of evidence. Retrieval of evidence is
considered only after safety issues are addressed. A successful search warrant
service is comprised of three components: planning, execution, and
documentation.
General Information:
The life of all Ohio search warrants is 72 hours from the time of issuance by the
judge. Included in the strict 72 hour time limit are Saturdays, Sundays, and legal
holidays. The search warrant is good for only one search.
The U.S. Supreme Court ruled that it is a violation of the Fourth Amendment for
police to bring members of the media or other third parties into a home during the
execution of a warrant when the presence of the third parties in the home was
not in aid of the execution of the warrant.
The Ohio Supreme Court has ruled officers may make warrantless entries into a
wanted person’s home for a misdemeanor following the fresh pursuit of
misdemeanor offenders.
Rev. 02/24/09, Replaces 08/26/08
1
12.700
Policy:
Obtain supervisory review and approval of search warrants before contacting the
court. For advice in drafting the search warrant, contact members of the Central
Vice Control Section or Criminal Investigation Section. If requiring additional
legal information, Police Communications Section (PCS) has a list of home
phone numbers of on-call members of the Municipal Court Prosecutor's Office.
Unless specifically requested by the judge, do not take confidential informants to
the judge's home when applying for a search warrant.
Affiant officers and their supervisors will direct and control others that aid in the
service of search warrants. Final responsibility for proper service of search
warrants remains with the affiant officer and supervisor in charge.
Officers will notify their immediate supervisor before aiding in the service of a
search warrant obtained by another law enforcement agency. The supervisor will
respond to ensure the search warrant meets Department standards.
Officers will notify their immediate supervisor before allowing a third party into the
home during the execution of a warrant and permission will only be granted if the
third party’s presence will aid in the execution of the warrant.
Procedure:
A.
Consent Searches:
1.
When an MVR or DVR is present, ALL requests to search without a
warrant, including searches of persons, buildings, or vehicles, will be
recorded. Both audio and video recordings will be made of the
request and consent when practical. Requests involving incidents
beyond the camera will still be recorded by audio if within range of the
recording device. Recording is intended to enhance a documented
consent; it does not replace a signed Form 601, Consent to Search
Without a Warrant, or Form 601PV, Consent to Search Person or
Vehicle, when requesting a search.
2.
On-site searches, that require the use of data-reading software to
examine electronic data contained in computers or other electronic
devices, are to be conducted by authorized Department personnel
only. Personnel should refer to procedure 12.701, Electronic Search
Warrants, prior to conducting a search.
3.
Request individuals to sign a Form 601,Consent to Search Without a
Warrant, or Form 601PV, Consent to Search Person or Vehicle,
before conducting ALL consent searches including vehicles, persons,
buildings, areas, computers, electronic devices or residences.
a.
Notify a supervisor if an individual gives verbal consent but
refuses to sign the Form 601, or Form 601PV.
1)
Supervisors will respond to the scene to verify the consent
was given.
Rev. 02/24/09, Replaces 08/26/08
2
12.700
b.
4.
B.
2)
Do not search until a signature is obtained or a supervisor
confirms receipt of verbal consent.
3)
Document on Form 601, or Form 601PV - “REFUSED
SIGNATURE” in the space provided for the signature of the
consenting person.
Contact a Central Vice Control Section supervisor for questions
regarding consent to search procedures.
When completing a Form 601, or Form 601PV document all pertinent
information related to the consensual search.
a.
The inventory portion of the Form 601, or Form 601PV should be
completed in the presence of the person who signed the form.
b.
The individual is to be given the white-citizen copy of the
completed Form 601, or Form 601PV as a receipt of all items
confiscated during the search.
c.
Officers must have a supervisor sign the Form 601, or Form
601PV before securing his/her shift.
Obtaining a Search Warrant:
1.
For searches of computers, computer files, or any other electronic
data storage devices refer to procedure 12.701, Electronic Search
Warrants.
2.
An affidavit is the basis for a search warrant. A search warrant is valid
when the affidavit satisfies the legal requirements for such warrants.
Prepare the affidavit stating:
a.
The nature of the offense.
1)
b.
The affidavit and warrant must describe the actual criminal
offense being investigated.
Give a precise description of the place to be searched. Affiant
officers must see the exact location, e.g., house, apartment,
floor, and door where officers will correctly enter to serve the
search warrant. Supervisors will confirm affiant officers have this
personal knowledge before approving plans for serving the
search warrant.
1)
Where possible, use actual street addresses. Ensure the
address given is complete and accurate. Include a brief
description of the premises and exact portion of the house
or other building to be searched.
Example: Apartment #28, on the 5th floor inside the large brown
brick apartment building located at 3500 Reading
Road, Cincinnati, Ohio.
Rev. 02/24/09, Replaces 08/26/08
3
12.700
2)
When searching a motor vehicle, include the name of the
owner (if known) and the make and license number of the
vehicle.
Example: A 1976 Chevrolet Camaro, red in color, bearing Ohio
license plate number 123 ABC. License plates on said
vehicle are registered to John Doe at 5220 Madison
Road, Cincinnati, Ohio.
c.
Specify in the affidavit and warrant the items sought.
1)
2)
d.
There are four categories of items which may be the
subject of a search warrant:
a)
Fruits of a crime.
b)
Instruments of a crime.
c)
Evidence of a crime.
d)
Contraband.
Officers may seize items discovered:
a)
Unexpectedly during the search for items named in
the warrant, or
b)
Incidental to a lawful arrest. Seizure is permissible
without the need of a second search warrant.
Probable cause:
1)
Probable cause for a search warrant are facts and
circumstances strong enough by themselves to cause a
prudent officer to believe articles subject to seizure are
being held on the property.
2)
An officer may have either first or second hand knowledge
of these facts.
a)
3.
If the second hand knowledge involves information
from an undisclosed informant, the officer must
support the informant's trustworthiness. Explain prior
dealings with this source have shown a pattern of
reliability and the informant had a reasonable basis
for obtaining the information.
Complete the search warrant form in duplicate.
a.
Direct the search warrant to the head of the local law
enforcement agency where service will occur.
b.
Search warrant service normally occurs during daylight hours.
State law defines daylight hours as the hours between 0700 -
Rev. 02/24/09, Replaces 08/26/08
4
12.700
2000. If a nighttime search is necessary, clearly state in the
affidavit the reasons which make it necessary.
1)
4.
During normal court hours (8:00 a.m. to 4:00 p.m. Monday through
Friday), the scheduled duty judge will review and sign the search
warrant. This judge can be found in his/her usual courtroom.
a.
b.
The duty judge is also the contact judge for search warrants from
4:00 p.m. to 8:00 a.m., Monday through Friday. To contact a
judge after normal court hours, officers will:
1)
Advise the Clerk of Courts of the need for a judge to secure
a search warrant.
2)
The Clerk of Courts will contact the judge by telephone or
pager.
3)
The judge will contact the officer and make the necessary
arrangements to have the search warrant reviewed and
issued.
From 4:00 p.m. Friday until 8:00 a.m. Monday, the Room A judge
is the contact judge for search warrants.
1)
5.
Without the nighttime entry specification, the warrant
restricts the officer to a daytime entry. However, a detailed
and thorough search starting during the daytime may
extend into the night without becoming an illegal search.
This judge can be located in Room A at 9:00 a.m. on
Saturday and some Sundays. This judge will be available
at all other weekend times through the Clerk of Courts’
office.
Requesting a "No Knock" search warrant.
a.
The affiant officer must add the following four points in addition
to the probable cause listed in Section A.1.d. above.
1)
The affiant officer must show why the police need a "No
Knock" waiver (e.g., violent history of suspect).
2)
The affiant officer must give the names and descriptions of
armed suspects he believes may try to harm officers during
the search.
3)
The affiant officer must give a statement showing a
connection between the address in question and the
criminal activity (e.g., the building owner states Jane Doe is
the resident on record for apt. #5 at 1234 Smith St. and
Jane Doe is the wife of suspect John Doe).
4)
The affiant officer must add the following waiver just above
the area where the judge signs the warrant: "Furthermore,
Rev. 02/24/09, Replaces 08/26/08
5
12.700
for good cause shown, I waive the statutory precondition
for nonconsensual entry."
b.
After review by a command officer (captain or above), contact
the City Prosecutor. The City Prosecutor will contact a judge
and arrange for a court reporter to record the proceedings.
1)
c.
C.
If other than normal business hours, contact the City
Prosecutor through PCS.
All "No Knock" search warrants are high risk search warrants
requiring the use of SWAT.
Supervisor's Responsibility Before Entry:
1.
Have members of the affiant unit begin watching the premises about
one hour before serving the search warrant.
a.
Estimate the number, nature, and sex of probable occupants.
1)
2.
Determine whether there are others in the premises
requiring special consideration during the entry (e.g.,
children, elderly, dogs, etc.).
Determine how many officers it will take to safely enter the premises
and conduct a thorough, controlled search. Limit the size of the
search party to the number of personnel needed to carry out the
search properly.
a.
Department personnel involved in the search warrant service will
wear body armor.
3.
Ensure a captain or above reviews the operational plan of any search
warrant where forced entry is anticipated.
4.
Obtain the aid of the SWAT Team in the service of high risk search
warrants.
a.
A high risk search warrant is one where the officers expect:
1)
Fortified locations.
2)
Armed subject.
3)
Subject has an outstanding warrant for Homicide, Rape,
Felonious Assault, Aggravated Robbery, or Aggravated
Assault.
4) Any other situation where the potential for violence is great
(No Knock search warrants).
5)
A Search Warrant Service Risk Assessment Matrix is
completed and indicates the need for obtaining the aid of
SWAT for the service of the search warrant.
Rev. 02/24/09, Replaces 08/26/08
6
12.700
b.
When possible, submit requests to use SWAT through the
SWAT Commander or SWAT Coordinator before preparing the
search warrant.
c.
When advance notice is not possible, notify the district
commander or Night Chief (when during his tour of duty) for
approval to request SWAT. Request SWAT by calling PCS.
1)
d.
PCS will use the standard SWAT notification procedure.
SWAT personnel will handle the entry phase of the search and
secure the premises. The unit obtaining the search warrant is
responsible for the actual search.
5.
Contact the Asset Forfeiture Squad when expecting seizure of
contraband, money, or vehicles subject to forfeiture (see Procedure
12.735).
6.
Conduct a detailed briefing.
a.
Include the use of charts, photographs, floor plans, etc., where
necessary.
b.
Assign specific duties to each individual.
c.
Select a specific radio channel to use during service of the
search warrant. Inform a PCS supervisor of this channel and the
location of the warrant service.
d.
Inform all officers involved of the type of warrant being served
and the exact location and description of the residence or facility
in question.
e.
Describe the suspects in detail.
f.
Assess doors for their locations and accessibility. Include their
direction of opening, material construction, and locking devices.
g.
Identify the best route for approaching the location.
h.
Assess the types of weapons and fortification expected including
possible booby traps.
i.
Complete a detailed check off list. The check off list will contain,
but is not limited to, the following information:
- Name and description of offender.
- Criminal history.
- Address and description of premises.
- Phone number.
- Type of vehicles, (QR/QD).
- Weapons.
- Employer's name and address.
Rev. 02/24/09, Replaces 08/26/08
7
12.700
- Children (ages), girlfriend/wife.
- Dogs, etc.
- Type of door.
- Officers needed to secure inside and
outside of premises.
- Check with other units and agencies.
- Location of drugs.
- Vest, weapons, flashlights.
- Any additional items.
D.
Gaining Entry:
1.
A supervisor will be on the search warrant scene during the service of
all search warrants.
2.
Secure the perimeter of the premises before entry. Have all doors
and windows under observation.
3.
Officers will clearly notify persons inside the search site of their
presence and request admission.
Example: "Police officers, search warrant, open the door."
4.
Use force to enter the premises only after waiting a reasonable
amount of time for an occupant to open the door.
a. A reasonable amount of time is that time necessary for an occupant
to reach the door from the furthest part of the premises.
5.
E.
b.
If, while waiting for the door to open, there is some sign the
occupant is fleeing, fortifying their position, destroying evidence
or contraband, or taking action that would jeopardize the safety
of the officers, force open the door immediately.
c.
Upon entry, have one officer continue to announce the identity
and purpose of the entering officers.
1)
Officers not in uniform will display proper identification
(e.g., badge, ID, etc.) when serving the search warrant.
2)
A uniformed officer of the local law enforcement agency will
be present during the search.
The supervisor in charge will complete an after action report when
warrant service required forced entry.
Search Procedures:
1.
The supervisor in charge of the search warrant scene will ensure
officers make a security sweep of the entire premises immediately
after entry.
Rev. 02/24/09, Replaces 08/26/08
8
12.700
2.
Secure, search, and identify any occupants. After searching all the
occupants for weapons, direct them to a previously searched area.
Assign an officer to remain with the subjects.
3.
The supervisor in charge will ensure an officer presents and explains
the search warrant to the responsible occupant.
4.
Search the premises in a thorough, orderly fashion. Upon discovering
an article subject to seizure, the finding officer will summon a
witnessing officer. If practical, videotape or photograph the article in
the location where officers found it.
a.
Assign one person to collect, preserve, and document all items
seized until possession is transferred to the Court Property Unit.
1)
F.
A supervisor will witness the counting and handling of large
sums of money and other valuables.
Post-Search Requirements:
1.
Properly secure the premises upon completion of the search.
a.
2.
Note the nature and extent of any damage caused during the
entry and searching procedure. When applicable, prepare a
Form 17 and a Form 301, Incident Report.
Officers taking property under the authority of a search warrant will:
a.
Give the person from whom or from whose premises the
property was taken a copy of the warrant and completed return
portion of the search warrant as receipt for the property taken.
1)
Make the inventory in the presence of the applicant for the
warrant and the person from whose possession or
premises the property was taken if they are present. If one
is not present, make the inventory in the presence of at
least one credible person other than the applicant for the
warrant or the person from whose possession or premises
the property was taken.
b.
If the person is not present, leave the copy and return portion of
the search warrant at the place from which the property was
taken.
c.
Promptly return the affidavit, the warrant itself, and the
completed return to the issuing judge. Make the return to the
judge assigned to Room A when the issuing judge is unavailable.
The evidence taken in the search warrant must be available to
the judge accepting the return if requested.
1)
Deliver the affidavit, warrant, and return to the Clerk of
Courts after review by the judge accepting the return.
Rev. 02/24/09, Replaces 08/26/08
9
12.701
12.701 ELECTRONIC SEARCH WARRANTS
References:
United States Code (USC) 18USC2510-18USC2522, et al - Federal Wiretap
Statutes
18USC2703 - Release of subscriber information to law enforcement under
court order
18USC3127 - Authority to issue orders pursuant to 18 USC 2703
42USC2000 - Publishers Privacy Act/Publisher Protection Act
Ohio Revised Code (ORC) 2933.52 - Interception of wire, oral or electronic
communications
ORC 2933.53 - Application for interception warrant
ORC 2933.56 - Contents of warrant; sealing of application and warrant;
disclosure; retention
ORC 2933.58 - Instructions to investigative officers; procedures for interception;
territorial validity
ORC 2933.59 - Execution of warrant or oral order; recording or resume;
termination; tampering; destruction of documents; disclosure
ORC 2933.61 - Service of inventory on intercepted persons; inspection of
materials
ORC 2933.64 - Training in wiretapping and electronic surveillance
ORC 2933.65 - Civil and criminal actions for violations
ORC 2933.76 - Authorization of use of a pen register or trap and trace device
ORC 2933.77 - Authorization for TSP to charge for services outside of the normal
course of business and for technical assistance and equipment
ORC 2933.21 - Search warrant
ORC 2933.22 - Probable cause
ORC 2933.23 - Affidavit for search warrant
ORC 2933.241 - Inventory of property taken
U.S. Supreme Court No. 98-83 - Wilson v. Layne
Procedure 12.809 - Telephone Court Orders
Procedure 12.700-SEARCH WARRANTS/CONSENT TO SEARCH
Purpose:
To ensure uniformity in conducting electronic search warrants and direct the
warrants to the proper investigating authority.
Policy:
Obtain supervisory review and approval of electronic search warrants and court
orders before contacting the court. A supervisor from the Intelligence Unit will be
the primary approving supervisor. In the event an Intelligence Unit supervisor is
unavailable, a supervisor from the Major Offender Unit (MOU) will approve the
search warrant. Assistance in drafting the electronic search warrant or court
order should come from the City Prosecutor’s office.
All electronic search warrants and court orders are signed by a judge from the
Court of Common Pleas, Criminal Division, after review by the City Prosecutor.
Rev. 03/31/09, replaces 12/06/05
1
12.701
The use of data-reading software, known as Secure Techniques for on Site
Preview (Stop) or similar authorized software to examine electronic data
contained in electronic data storage devices prior to seizure, are to be conducted
by authorized Department personnel only.
Upon seizure, all forensic examinations of stored electronic data contained in
computers are conducted by Regional Electronic Computer Investigation Section
(RECI). All forensic examinations of cell phones, Blackberries and other similar
devices are conducted by Police Criminalistics Section.
Information:
There is a difference between an electronic search warrant and a court order. A
computer, usually the hard drive, is actually searched to obtain information on its
contents. Much like searching a house for evidence, the computer is the
property of another, but it may contain evidence of a crime. To search the
property of another requires the consent of the owner or a search warrant. Due
to wording in the laws concerning searches of electronic media, the Criminal
Division of the Commons Pleas Court is used as the issuing authority for the
search warrant. A municipal court warrant may allow the seizure of the
computer, but it takes a Common Pleas warrant to search the computer.
All that is required to obtain subscriber information from an Internet Service
Provider (ISP) is a court order. There is no search involved and the ISP owns
the subscriber information. It is the same as obtaining a telephone number with
a court order.
Should a subscriber store e-mail on the ISP's server or have a file share stored
on an ISP's server, a search warrant would be needed, as that information is the
property of the subscriber, not the ISP.
Procedure:
A.
Electronic Search Warrants and Court Orders
1.
The search warrant or court order will be approved by a supervisor
from Intelligence Unit or MOU.
2.
The search warrant or court order will be reviewed by the City
Prosecutor’s office.
3.
The search warrant or court order will be signed by a judge from the
Court of Common Pleas, Criminal Division.
4.
Computers seized for forensic examination are submitted to RECI
along with the following:
Rev. 03/31/09, replaces 12/06/05
2
12.701
a.
A case summary or a RECI evidence submission sheet.
1)
b.
RECI evidence submission sheets can be obtained by
contacting RECI.
A copy of the search authority (search warrant, Form 601,
Consent to Search Without a warrant or RECI consent form).
1)
When using a consent to search form, it is imperative that
officers obtain consent from all parties who have an
expectation of privacy. Access to all parts of the electronic
device may require additional paperwork. RECI officers
can give further advice in this area.
2)
If the electronic device is from a business, the consent to
search form must also be signed by the supervisor of the
business, and include a copy of the business’ user
agreement.
a)
B.
The supervisor must have direct authority over the
electronic device in order to give consent. RECI
officers can give further advice in this area.
Electronic Court Orders
1.
To obtain a court order, personnel will contact the Intelligence Unit.
Only certified Intelligence Unit officers can write these court orders.
2.
All telephone court orders require the following information on the
affidavit:
3.
a.
Requesting officers need to provide their name, rank, unit of
assignment, working hours, telephone and fax numbers.
Officers must include the criminal charge, with the ORC section
number for the investigation, and a brief statement of probable
cause.
b.
The probable cause statement must include how the telephone
number is involved in the criminal activity and how the requested
information will assist law enforcement in the criminal
investigation.
Court orders can be obtained for:
a.
Subscriber information
1)
This gives the name, address, and credit card information
on the person(s) who is/are responsible for the payment of
Rev. 03/31/09, replaces 12/06/05
3
12.701
the Internet service. This information comes from the ISP,
such as America On Line, Roadrunner, Zoomtown, etc.
b.
Internet provider address information
1)
c.
This information can be obtained for certain types of
investigations. For example, if an officer needs assistance
in identifying a person using a certain moniker in a chat
room or on a blog posting.
Cellular telephone information
1)
Officers requiring information on phone numbers received
and called should refer to Procedure 12.809, Court Orders
for Telephone Records.
Rev. 03/31/09, replaces 12/06/05
4
12.705
12.705
CLANDESTINE LAB TEAM
Definitions:
Clandestine Lab - an illegal operation using chemicals and/or equipment to
manufacture a controlled substance. Offenders manufacture a variety of illicit
drugs in such labs including marijuana, methamphetamine, amphetamine,
MDMA (ecstasy), PCP, and LSD.
Purpose:
To inform officers about the potential dangers and risks associated with
clandestine labs and provide guidelines for the use of the Clandestine Lab Team
and equipment.
Policy:
Officers investigating or having knowledge of a clandestine lab will notify the
Clandestine Lab Team. A Clandestine Lab Team member will respond to assist
in the identification, handling, and processing of the lab.
The first priority at the scene of a clandestine lab is to prevent and/or limit
exposure to yourself and the public.
Information:
All clandestine labs are dangerous and contain chemicals that can pose both
long and short term health risks. This is true whether the lab is fully operational,
dismantled, in storage, or in transport. Clandestine drug labs cause three main
types of harm: physical injury from explosions, fire, chemical burns, and toxic
fumes; environmental hazards; and child endangerment.
Simple procedures to reduce or limit exposure to risks when dealing with
clandestine labs:
•
•
•
•
•
•
•
Do not eat or drink.
Do not smoke.
Do not touch your face, eyes, nose, or mouth.
Do not open containers or put your face over an open container.
Do not turn lights on or off.
Do not taste, smell, or touch any substance.
Do not unplug or plug in objects.
Many of the hazards associated with labs are derived from ingredients found in
products such as cold medicine, nail polish remover, dietary supplements, starter
fluid, anti-freeze, paint thinner, and drain cleaner.
Indications of a clandestine lab include:
1.
Strong smell, possibly resembling urine, or an unusual chemical smell like
ammonia, acetone, or ether.
2.
Extra efforts made to cover windows or reinforce doors.
New 03/20/07
1
12.705
3.
Lack of trash placed outside for pickup.
4.
Lab materials surrounding the property, i.e., fuel cans, red stained coffee
filters, glassware, and duct tape.
5.
Soft drink bottles with hoses attached, large amounts of empty blister packs
for cold/asthma medication.
6.
Chemical containers or paraphernalia such as glassware and rubber tubing.
The Occupational Safety and Health Administration (OSHA) has established
guidelines and requirements governing exposure to clandestine drug labs.
Persons who may have been contaminated should be isolated until the Cincinnati
Fire Department arrives for proper decontamination. Contaminated individuals
should be kept outside and away from others. Do not place them in a location
likely to contaminate other people and/or property.
Do not touch anything inside a suspected lab. Be cautious of any chemical
which may have been dumped inside or outside of a lab. Do not operate any
electrical appliances or equipment which is not intrinsically safe, i.e., flashlights,
light switches, cameras, etc. Department hand-held radios with a green dot on
the bottom are considered to be intrinsically safe.
Anything that has been in contact with a potentially hazardous material is
considered contaminated and must be disposed of in a manner prescribed by
law.
The Clandestine Lab Team responds to reports of labs and is staffed with officers
trained and equipped to enter, assess, and process clandestine drug production
sites.
In addition to the chemical and process hazards at clandestine labs, officers
should be aware of antipersonnel devices or “booby traps.” These devices are
designed to protect the lab, serve as warning devices to aid in the escape of
suspects, and possibly incapacitate law enforcement officers.
New 03/20/07
2
12.705
Procedure:
A.
B.
Duties and Responsibilities of First Officer on Scene:
1.
Notify Police Communications Section (PCS) of relevant information.
2.
Request a supervisor and any necessary assistance.
3.
Suggest safe response routes for other responding personnel.
Supervisory Duties and Responsibilities:
1.
Establish an outer perimeter to control pedestrian and vehicular traffic.
2.
Establish an inner perimeter to isolate and contain the clandestine lab.
3.
Request Cincinnati Fire Department (CFD) respond and advise them
of the incident. If there is no fire, smoke, or injury, request CFD to
stand by at a designated area.
4.
Request PCS notify the Clandestine Lab Team and Central Vice
Control Section to respond.
5.
Brief the first Clandestine Lab Team member upon arrival.
6.
Based on the size and type of clandestine lab, responding supervisors
should determine the need to:
a.
Establish a command post and staging area located upwind from
the clandestine lab.
b.
Appoint a recorder and maintain a log of events, including action
taken, personnel on scene, traffic posts established, and persons
entering and exiting the incident site.
c.
Evacuate all civilians at least 600 feet away from the affected
area.
1) If it is impractical to evacuate civilians 600 feet away,
evacuate a minimum of three floors above and below the
clandestine lab.
C.
D.
Police Communications Section will:
1.
Notify the Clandestine Lab Team coordinator or designee.
2.
Notify a Central Vice Control Section supervisor.
Clandestine Lab Team personnel will:
1.
Confer with the ranking supervisor on scene of the incident and
assume control of the scene until a Clandestine Lab Team supervisor
arrives.
New 03/20/07
3
12.705
E.
2.
Maintain a log of events, action, and personnel.
3.
Work in conjunction with and assist members of Central Vice Control
Section in their investigation.
Equipment Inventory:
1.
F.
The Clandestine Lab Team Coordinator or designee will inventory and
inspect Lab Team equipment after each training session and
activation.
Recall Roster:
1.
Clandestine Lab Team members will immediately notify the
Clandestine Lab Team Coordinator of any change of address or
phone numbers.
2.
The Clandestine Lab Team Coordinator will provide an updated
personnel recall roster to PCS with changes.
New 03/20/07
4
12.710
12.710 UNIT PROPERTY BOOK
Reference:
Procedure 12.715 – Property and Evidence: Accountability, Processing, Storage
and Release
Policy:
To comply with existing state law and adhere to established Police Department
procedures on property which comes into police possession. A property book
will be a bound ledger maintained by each listed unit.
Procedure:
A.
Unit Property Book:
1.
Districts One, Two, Three, Four, and Five, and the Criminal
Investigation Section, Central Vice Control Section, Impound Unit, and
Narcotics Unit will maintain a property book.
2.
Record all property coming into the custody of police personnel in the
unit property book.
3.
There will be a log book for the unit property room key that will be kept
at the front desk. The desk officer will issue the property room key to
personnel as necessary. The officer will also ensure the unit property
book is complete and up-to-date.
4.
Keep the unit property book in the unit property room. All personnel
who find or recover property will record the following information in the
property book:
a.
Line #
b.
Date
c.
Taken from person or place
d.
Description of property
e.
Weight/count of drugs
f.
Package weight
g.
Why held
h.
Reporting officer
i.
Location of property
j.
Delivery date
Rev. 8/16/05, Replaces 7/8/03
1
12.710
5.
k.
Delivering officer
l.
Property number
m.
Lab number
The Court Property Unit will return the yellow copy of the Property
Receipt (Form 330) to the originating unit.
a.
The property number is located in the upper right corner of the
Form 330. The number indicating the location of the property is
just below the property number.
1)
Place these numbers in the designated columns in the
unit's property book.
6.
Property coming into custody of personnel assigned to a unit not
covered under Section A.1. will process the property through the
district/section/unit in which the event occurred.
7.
A supervisor from each shift will audit and initial the property book
daily. Bring discrepancies noted to the attention of the unit
commander and then the bureau commander.
Rev. 8/16/05, Replaces 7/8/03
2
12.715
12.715 PROPERTY AND EVIDENCE: CONFISCATION,
ACCOUNTABILITY, PROCESSING, STORAGE AND
RELEASE
Reference:
Procedure 12.265 - Wrecker and Towing
Procedure 12.350 - Automated Fingerprint Identification System (AFIS)
Procedure 12.400 – Incident Reporting, Miscellaneous Reporting
Procedure 12.403 – Crime Victim/Witness Notification and Assistance
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and Felony
Offenders
Procedure 12.615 - Deceased Persons/Prisoners
Procedure 12.710 - Unit Property Book
Procedure 12.720 - Evidence: Submitting for Physical Analysis
Procedure 12.725 - Blood Drying Facility: Processing of Evidence Exposed to
Bloodborne Pathogens
Procedure 12.735 - Federal and State Forfeitures
Forensics Manual
Investigative Manual
Definitions:
Property - any material object of value, however slight, tangible or intangible to
which an owner has a legal right.
•
Property marked as “found” or “personal” is returnable to anyone with
proof of ownership. No disposition order will be sent to the responsible
officer and the property could be disposed of in 90 days if not claimed.
•
Property marked as “court” is any property held as evidence or has the
potential to be evidence. A disposition order will be sent to the
responsible officer to determine the disposition.
•
Property held as “confiscated” will be disposed of after one year unless
Court Property Unit is otherwise advised. A disposition order will not be
sent to the responsible officer. Do not submit evidence or potential
evidence as confiscated.
Evidence - Legally obtained, documentary or oral statements and material
objects submitted to a court of law as proof to ascertain the truth regarding an
offense that occurred.
Deoxyribonucleic Acid (DNA) the material inside the nucleus of a cell that
carries genetic information.
Purpose:
Provide for the security, care, custody, and control of seized, recovered, and
evidentiary property as well as abandoned, lost, or found property.
Eliminate questionable confiscation and reduce complaints of illegal search and
Rev. 12/09/08, Replaces 03/11/08
1
12.715
seizure.
Establish procedure regarding firearms coming into police possession.
Policy:
Police personnel confiscating, seizing or recovering property of any kind will be
incompliance with local, State and Federal laws.
Property used in an unlawful manner will be seized and held as evidence in
connection with the arrest.
Police personnel will not confiscate lawfully possessed property. An exception
will be made if, in the judgment of a supervisor, the confiscation is deemed
necessary for the safety or welfare of the public or individuals involved. Items
falling into this category are guns, knives, other dangerous weapons, explosives,
poisons, etc.
All recovered firearms, ammunition, bullets and casings will be treated as
evidence. The history of how they came to be recovered will be investigated.
Police Department personnel are responsible for inventorying and processing all
property coming into their custody before terminating their tour of duty.
Information:
Police personnel are encouraged to read the Investigations Manual and Forensic
Manual found on the Department Intranet. These manuals instruct investigators
and field personnel on the proper collecting techniques for property held as
evidence or how it is to be submitted for analysis.
Intelligence Section is the liaison with the Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF). Intelligence Section presents firearms to the ATF for
submission into the Electronic Trace Submission System database. ATF returns
a copy of the database report to Intelligence Section. A supervisor may contact
the Intelligence Section via the Criminal Investigation Section (CIS) desk to
access the report.
The Hamilton County Coroner’s Laboratory has the ability to process items
submitted for DNA analysis. A DNA profile can be obtained from samples of
skin, hair, blood, and other body fluids. Once a profile is made, it is maintained in
a local data base and forwarded to the state for submission into the Combined
DNA Index System (CODIS), where it is compared to established profiles of
known offenders.
Procedure:
A.
Processing Property
1.
All property confiscated, seized, found, or coming into police custody
will be properly marked, packaged and submitted by the officer into
the district/section/unit property room before terminating their tour of
duty.
a.
Complete a Form 330, Property Receipt.
Rev. 12/09/08, Replaces 03/11/08
2
12.715
1)
B.
All Forms 330 pertaining to one arrest or case will have the
same officer listed as the primary officer.
b.
Complete a Form 64, Property Tag or Form 327 Court Tag.
c.
Complete all required forms and follow specific guidelines below
for property requiring special processing for example: money,
drugs or firearms.
d.
Submit the property for approval to a supervisor.
e.
Enter the property in the district/section/unit property book.
Supervisors will:
1. Verify the contents of the property envelope, bag or package placing
their signature in the space provided.
2. Ensure all required forms are complete and attached to the property and
sign the property receipt.
3. Ensure the property is properly marked and entered in the property
book.
C.
Confiscated Property
1.
D.
Report confiscated property (except firearms) on a Form 301, Incident
Report.
a.
Provide a complete account of the circumstances surrounding
the confiscation.
b.
A Form 330, Property Receipt, is to be issued to the subject from
whom the property was confiscated.
Non-personal Property on Prisoners
1.
When property other than personal property on prisoners or property
submitted for analysis comes into the custody of Cincinnati police or
private police officers (items to be processed at the district of detail
assignment), officers will prepare the property for the Court Property
Unit.
a.
b.
The officer will complete a Form 330, Property Receipt.
1)
All Forms 330 pertaining to one arrest or case will have the
same officer listed as the primary officer.
2)
A copy of the Form 330 is to be issued to the subject from
whom the non-personal property was confiscated.
Enter the property in the district/section/unit property book.
Rev. 12/09/08, Replaces 03/11/08
3
12.715
1)
2.
c.
Put the property in the property locker, lock the locker, and
deposit the property locker key in the locker.
d.
The master property locker key will be kept in a secured place
within the district/section/unit and will only be accessed by a
supervisor. The master property locker key is required to reopen
lockers once they are locked.
1)
Officers requiring access to a locked property locker will
notify a supervisor.
2)
The supervisor will accompany the requesting officer to the
locker, open the locker, and witness any action taken
regarding the property.
3)
The supervisor will not, under any circumstances, give the
master key to the requesting officer.
4)
If a supervisor has reason to open a secured property
locker, it must be done in the presence of a second officer
or supervisor.
A supervisor will review all Forms 330 for accuracy and place their
name and badge number in the block provided.
a.
3.
Personnel will record all information according to
Procedure 12.710, Unit Property Book.
Send all copies of the Form 330 with the property to the Court
Property Unit by 0830 hours, Monday through Friday.
Court Property Unit personnel will inspect the property for correct
packaging and completeness of tags and receipts.
a.
Incorrectly prepared and tagged property will not be accepted.
b.
Incorrectly prepared and tagged property, such as drugs,
firearms or money, will be retained at Court Property Unit.
c.
A copy of the related Form 330, with a notation of the errors, will
be given to the delivering officer. The district property officer will
deliver the Form 330 with the error notice to the
district/section/unit Administrative Assistant or a supervisor by
1000 hours that day.
d.
A supervisor from the affected district/section/unit will respond to
Court Property Unit within three days to correct the error.
e.
After the correction is made, Court Property Unit will process the
property.
f.
Date and initial the Form 330, assign the location number, and
put the property number on each copy.
1)
White copy of the Form 330 is filed at Court Property Unit.
Rev. 12/09/08, Replaces 03/11/08
4
12.715
2)
Yellow copy of the Form 330 is given to the delivering
officer for filing.
a)
g.
4.
A supervisor designated by the district/section/unit
commander will be sure the location and property
numbers are entered in the district/section/unit
property book.
Enter all submitted property into the Automated Control of
Evidence (ACE) computer database. A bar code identifier is
generated and assigned to each individual item.
To avoid recalling personnel after normal business hours, submit
property in the following manner:
a.
Property valued up to $999.99 will be held at the
district/section/unit property room. Property valued from
$1,000.00 to $9,999.99 will be held at CIS. Property valued at
$10,000.00 and above requires the recall of Court Property Unit
personnel.
1)
b.
The CIS safe is located in the lobby of the CIS, 824
Broadway, 5th floor. The safe has a night deposit drum. If
valuable property does not fit in the CIS safe, Court
Property Unit personnel must be recalled.
Hold all other items in the district/section/unit property facility for
submission to Court Property Unit on the next business day.
1)
Central Vice Control Section (CVCS) may retain up to
$5,000 in U.S. currency in its safe.
2)
CVCS may retain drugs in its safe if the quantity can be
placed there in its entirety.
a)
Drug evidence too bulky for the safe will be taken
directly to Court Property Unit in accordance with
established procedures.
c.
Recall Court Property Unit personnel, with approval of a captain
or above, if the property exceeds any of the above values and/or
cannot be stored as indicated above.
d.
Officers must record property in the district/section/unit property
book before delivery to CIS.
e.
Evidence, including packaging, must be smaller than 14" x 5" x
4".
f.
Evidence must be properly packaged and sealed with evidence
tape. The officer sealing the package must date and initial the
seal.
Rev. 12/09/08, Replaces 03/11/08
5
12.715
E.
h.
Officers will notify the CIS desk officer who will unlock the night
deposit bin.
i.
Officers must sign the property log maintained by the CIS desk
officer.
j
Court Property Unit personnel will pick up items from the safe at
the beginning of each business day. Two members of Court
Property Unit will check and audit the items. Discrepancies will
be brought to the attention of an affected district/section/unit
supervisor and the Evidence/Property Management Section
Commander.
Property that is found on prisoners and not needed for court will
accompany the prisoner to the appropriate detention facility.
Property Contained in Towed or Moved Vehicles
1.
G.
Attach completed property receipts and tags.
Personal Property Found on Prisoners
1.
F.
g.
All property contained in vehicles will be processed according to
Procedure 12.265, Wrecker and Towing.
Hamilton County Coroner's Cases
1.
In accordance with Procedure 12.615, Deceased Persons/Prisoners,
personal property such as clothes, wallets, money, jewelry, medicine,
etc., will accompany bodies to the Coroner’s Office and be retained
there. The morgue attendant will issue a receipt to the delivering
officer.
2.
Other property not accompanying the body to the Coroner’s Office
should be processed through the appropriate district/section/unit
property book. Mark the Form 330 "Hold for Coroner".
a.
Deliver property processed through units other than CIS to the
Court Property Unit.
b.
Property requiring special handling by Homicide Unit personnel
will be processed by the Criminalistics Squad, in accordance
with Procedure 12.615, and may be taken directly to the
Coroner's Office or processed at CIS.
c.
1)
The officer delivering evidence to the Coroner's Office will
complete a Form 330 and a Property Location Card, signed
by the officer.
2)
Process all copies of Forms 330 through Court Property
Unit by the next business day.
The Homicide Unit is responsible for delivery of all property held
for the Coroner's Office. Court Property Unit is responsible for
Rev. 12/09/08, Replaces 03/11/08
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12.715
the return of all property released from the Coroner’s Office.
3.
The Coroner's Office will return the following property:
a.
H.
1)
Motor vehicles are evaluated individually.
2)
The decision to retain or return is made by the Coroner's
Office.
b.
Questionable deaths later determined not to be a homicide property related to the death, but not the property of the
deceased.
c.
Suicide cases – property related to the suicide.
Air-Dried Evidence
1.
I.
Homicide cases - all property determined to be evidence,
including the fatal weapon.
If an on-scene supervisor is uncertain about whether to hold wet,
bloody clothing and items as evidence, the supervisor should contact
a Homicide Unit supervisor for further guidance per Procedure 12.725,
Blood Drying Facility: Processing of Evidence Exposed to Bloodborne
Pathogens.
DNA Evidence
1.
Officers requesting a DNA analysis should limit their requests to
evidence involving serious crimes or felonies, violent misdemeanors,
or a pattern of offenses that might be connected to one person.
2.
Other items that can be submitted for analysis include clothing, hats, or
tools used in an offense. These items may provide a profile from
particles left by the suspect.
3.
Only trained personnel may submit a buccal swab for analysis.
Contact an Investigative Unit supervisor to request a trained officer for
assistance with buccal swabs.
4.
Every effort should be made to prevent cross contamination of
evidence submitted for analysis. Evidence containing wet blood or
body fluids can be placed in one of the blood drying rooms located at
District Four. See Procedure 12.725, Blood Drying Rooms: Processing
of Evidence Exposed to Blood Borne Pathogens, for instructions.
5.
The Court Property Unit will submit evidence to the Coroner’s Office.
6.
Results from testing generally take 30 days to complete. A report will
be forwarded to court property unit from the Coroner’s lab. Court
Property Unit will attach a copy of the report to the evidence returned
Rev. 12/09/08, Replaces 03/11/08
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from the lab. A copy of the report will also be forwarded to the
submitting officer.
7.
J.
When the Combined DNA Index System (CODIS) matches a profile
with a known person in the data base, the Coroner’s Lab will send a
report to the investigating officer requesting a buccal swab sample
from the suspect to confirm the match.
Release of Property at the Recovering Unit
1.
Property of the victim will be returned pursuant to Procedure 12.403,
Crime Victim/Witness Notification and Assistance.
2.
The claimant will sign a Form 330 for any property released by the
recovering unit.
a.
K.
The recovering unit will file all three copies of the Form 330.
Release of Property at the Court Property Unit
1.
Court Property Unit personnel will release property according to their
Standard Operating Procedure. Personnel will be sure they release
property to the rightful owner and obtain a signature on the ACE
Property Withdrawal Receipt.
a.
A police officer or private police officer may not check out
property to deliver it to its rightful owner.
2.
A Department employee or private police officer removing property
from Court Property Unit for court, identification purposes, test firing,
etc., must complete and sign an ACE Property Withdrawal Receipt.
The Department employee or private police officer is responsible for
returning the property to Court Property Unit. Court Property Unit will
verify the identity of the individuals by checking their police
identification card, through personal knowledge, or by having their
identity established by other personnel known to the Court Property
Unit personnel.
3.
Property is normally returned to Court Property Unit on the same day
it is checked out. It is the responsibility of the person returning the
property to ensure the ACE Property Withdrawal Receipt is
appropriately marked indicating the return of the property.
a.
4.
Mark property tags and envelopes when returning property to
indicate whether there is further need for its use.
When unable to return property on the day it is checked out, the officer
must notify Court Property Unit on the next business day.
a.
Officers unable to return property on the same day will return it to
their district/section/unit's property room and log it into the
property book.
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12.715
b.
5.
Court Property Unit will review the file for property not returned each
day. Court Property Unit will initiate an inquiry into the status of all
property not returned within two days.
6.
If the court directs the release of property, direct the person to retrieve
the property at Court Property Unit. The arresting officer will not
release the property directly to any person in the courtroom.
a.
7.
Police officers will not request the court to release any property
for their personal use.
If the court retains custody of the property, the officer will obtain the
prosecutor’s signature, printed name, and date in the “Turned Over to
Court” section of the ACE Property Withdrawal Receipt.
a.
L.
Private police officers unable to return property on the same day
will return it to District One.
The officer will return the completed receipt to Court Property
Unit immediately following the court appearance.
Property Requiring Special Processing
1.
Money or jewelry in excess of $100
a.
A supervisor, in the presence of the recovering officer, must
verify the amount of money or jewelry.
1)
Money coming into police custody will be processed
through Court Property Unit.
2)
Officers submitting money will determine if the money is
required as actual evidence or if the bills are not particular
to the case (marked money, exploded dye pack monies,
etc.).
a)
The Form 330 and property package will be marked
“Hold At Court Property Unit” in the case of money
being held at the Court Property Unit.
b)
The Form 330 and property package will be marked
“Deposit Into Account” in the case of money being
deposited.
b.
A supervisor will verify the contents of the property envelope,
placing their signature in the space provided on the envelope.
c.
Photograph all jewelry that comes into Department possession.
The recovering officer will place the photograph inside the
property envelope.
d.
A supervisor will ensure the property is properly marked and
entered in the property book and sign the property receipt.
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12.715
e.
The property will be placed in the property locker along with the
property locker key.
f.
When an officer seizes over $200.00 in change, it will be taken to
the City Treasurer’s Office for an accurate count prior to
submission to Court Property Unit.
1)
2.
Controlled substances
a.
A controlled substance is any drug, compound, mixture,
preparation, or substance included in Schedule I, II, III, IV, or V.
Any drug requiring a prescription for dispensation is also a
controlled substance.
b.
A supervisor will verify the weight of the drug or substance, the
weight recorded on the Form 330, and the weight listed on the
property envelope. The supervisor will conduct the verification in
the presence of the recovering officer.
c.
A supervisor will ensure the property is properly marked and
entered in the property book and sign the property receipt.
d.
The property will then be placed in the property locker along with
the property locker key.
3.
The presence of a supervisor is required when any property listed in
Sections L.1. and L.2. is placed in or removed from a unit property
room. The supervisor will remain until the transaction is completed.
4.
Potentially hazardous materials
a.
Potentially hazardous material is any property possibly
contaminated by blood or other body fluids.
b.
Place biohazard warning labels on all property possibly
contaminated by blood or other body fluids. Ensure the label is
plainly visible to other personnel handling the property.
c.
Use a syringe tube to package any needle coming under police
control. Place a biohazard warning label on the container.
1)
d.
M.
After normal business hours, the property will be placed in
the district/section/unit property locker. A notation will be
made in the district/section/unit blotter advising first relief to
transport the change to the City Treasurer’s Office.
Attach a property tag to the syringe tube. Do not place the
tube in a property envelope.
The property will then be placed in the property locker along with
the property locker key.
Perishable Property Requiring Refrigeration
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12.715
1.
Store in the refrigerator located at Court Property Unit.
a.
b.
N.
1)
Complete a Form 330 and mark "Held at CIS”.
2)
Mark the unit property book at the originating unit "Held at
CIS”.
3)
Deliver the property and all copies of the Form 330 to CIS
desk personnel.
4)
CIS desk personnel will receive the property and make an
entry in the CIS refrigerator property book.
5)
CIS desk personnel will sign and date the reverse side of
all copies of the Form 330.
Court Property Unit personnel will pick up the property from CIS
each weekday morning and transfer it to the refrigerator in Court
Property Unit. The transferring officer will note the transaction by
making an entry in the CIS refrigerator property book.
1)
Court Property Unit will assign a property number on the
Form 330. The delivering officer will take the yellow copy
of the Form 330 to his unit of assignment.
2)
Court Property Unit retains the white copy for their files.
Storing Gasoline Powered Equipment
1.
O.
When Court Property Unit is closed, use the CIS refrigerator.
Take mopeds, power lawn mowers, or other gasoline powered objects
to the Impound Unit for storage.
a.
Report mopeds on a Form 301, Incident Report.
b.
Report power lawn mowers or any items other than vehicles
using gasoline on a Form 330 along with the white Form 64,
Property Tag, or the yellow Form 327, Court Tag.
Storing of Flammable Liquids, Fireworks, etc.
1.
Flammable liquids such as gasoline, kerosene, fuel oil, or similar
substances capable of ignition, creating an explosion, or burning with
extreme rapidity, are kept in a locked outdoor storage facility under the
control of the Impound Unit.
2.
Summon a supervisor if there is any doubt about the safe
transportation of the above substances to the Impound Unit. If
necessary, call the Fire Department to assist in the safe transportation
of volatile substances.
Rev. 12/09/08, Replaces 03/11/08
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12.715
a.
3.
4.
5.
P.
After normal business hours, contact a captain or above for
authorization to recall Impound Unit personnel.
Flammable liquid requiring analysis
a.
Obtain a suitable specimen container from the Impound Unit.
Transfer liquid to the container, properly seal, and identify with
the recovering officer's name and badge number.
b.
The specimen, along with the Evidence Submission Sheet
completed by the recovering officer, will be picked up from the
Impound Unit by Court Property Unit personnel. Court Property
Unit personnel will have the specimen analyzed according to
Procedure 12.720, Evidence: Submitting for Physical Analysis.
After analysis, return the specimen container to the Impound Unit
storage facility.
Form 330, Property Receipt
a.
The Impound Unit will forward the Form 330 to Court Property
Unit if no analysis is requested.
b.
Upon completion of processing, Court Property Unit personnel
will distribute the copies as follows:
1)
Yellow copy to the district/section/unit commander.
2)
White copy retained at Court Property Unit.
Request the Fire Department respond whenever high-powered
explosives are encountered.
Identifiable and Unidentifiable Property
1.
The recovering officer will initiate a computer check on all identifiable
property bearing a serial or model number, manufacturer's name, etc.
a.
If the property is recovered lost property and can be identified, it
will be processed as outlined in procedure 12.400, Incident
Reporting, Miscellaneous Reporting.
2.
The recovering officer will indicate a computer check and necessary
follow-up has been completed by listing the verifying officer's name
and badge number in the lower right-hand portion of the Form 330.
3.
Property recovered as a result of a computer query
a.
Cincinnati Police Department entries - note the facts on a Form
311, Incident Closure Report, and route to Records Section for
cancellation of the computer entry.
b.
Other agencies' entries - notify the CIN1 operator at Police
Communications Section (PCS) and provide the recovery data.
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12.715
The CIN-1 operator will teletype the information to the originating
agency for their removal from the computer file.
Q.
4.
Prepare a Form 301 Incident report for all found identifiable property
that is not matched to property listed in the RCIC data base.
5.
If the property is not identifiable, note "N/A" in the lower right-hand
portion of the Form 330 along with the officer's name and badge
number. Prepare a Form 317 for found unidentifiable property.
Form 330, Property Receipt
1.
R.
When forwarding articles such as guns, TVs, CB radios, bicycles, lawn
mowers, watches, or any other items which have an identifiable serial
number to Court Property Unit, the forwarding unit should include the
following information on the Form 330:
a.
Type of item.
b.
Brand name.
c.
Serial number.
d.
Model number.
e.
Color.
f.
Characteristics which would aid in identification of the item.
g.
Name and badge number of processing officer checking
computer files.
Processing of Firearms
1.
2.
Recovery of Firearms
a.
Photograph each firearm prior to moving it, when possible (see
Procedure 12.615, Section D.3.a.).
b.
Sketch the location of the firearm and all persons associated
with it. When possible, measure the distances of the firearm to
the person.
c.
Make the firearm safe without obliterating fingerprints or other
evidence, when possible.
d.
If a firearm cannot be made safe without destroying evidence, a
supervisor will determine if, how, and where the firearm will be
transported.
Report all firearms coming into police control on Form 313, Firearm
Report.
a.
Fill out all blocks completely except “Barrel Length”. Court
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13
12.715
Property Unit personnel will complete this block.
3.
b.
List the complete number found on the frame, including prefix
and suffix letters.
c.
If a firearm does not have a serial number, note this in the “Serial
Number” block.
d.
In all felony arrests involving the confiscation of a firearm,
whether or not a weapons offense has been charged, the
submitting officer will print “ATTENTION RIP CASE” in bold
lettering in the “Detail/Remarks” section of the Form 313.
Query all firearms coming under police control through the Regional
Crime Information Center and the National Crime Information Center.
a.
The officer having original control of the firearm will run the
query.
b.
If the firearm is reported lost or stolen from outside of the City of
Cincinnati, the officer running the query must notify CIN1 to
contact the originating agency and confirm the stolen status.
Officers will not contact the originating outside agency for
confirmation.
c.
Confirmed stolen or lost firearms recovered must be reported to
Teletype and receive a cancellation teletype number.
d.
After confirmation fax a copy of the Form 313, Firearm Report to
Teletype. Reporting officers must call to confirm receipt of the
fax and record the teletype number on the Form 313.
e.
1)
Teletype phone number 263-8124
2)
CIN1 phone number 263-8121
3)
CIN1 / Teletype fax number 263-8120
Court Property Unit will not accept firearms unless they have
been queried through the computer.
4.
Attach Form 327, Property Tag, Form 330, Property Receipt, and a
Form 313, Firearm Report, to all firearms coming into police control.
5.
Place all firearms in a gun envelope.
a.
6.
If a firearm will not fit in a gun envelope, attach a Form 327,
Form 330, and Form 313, along with the computer query, to the
firearm.
Place the computer printout and Form 313 inside the gun envelope.
Ensure the following information is on the printout:
a.
The words “To Court Property Unit”.
Rev. 12/09/08, Replaces 03/11/08
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12.715
7.
b.
Date and time the printout was forwarded to Court Property Unit.
c.
The originating agency terminal identifier (example: DST1,
PARK, CVCS, etc.).
If body fluids are on the firearm, attach all paperwork to the outside of
the gun envelope.
a.
8.
Place a biohazard label on the outside of the gun envelope or
cardboard firearms property box.
Routing of the Form 313
a.
File the original and a copy of the Form 313 at the reporting unit.
b.
Attach two copies to the firearm.
1)
9.
Test firing weapons
a.
The primary officer is responsible for test firing the weapon as
soon as possible.
b.
If no weapons charges are filed or the firearm is found property,
no test firing is required by the primary officer.
1)
c.
10.
Court Property Unit will file one copy and forward the other
copy to the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
CIS officers will test fire these weapons for entry into the
National Integrated Ballistic Information Network (NIBIN).
In situations where officers believe it is unsafe to test fire the
weapon, they will transport the firearm to CIS. The weapon will
be logged into the CIS property book and stored in a property
locker.
1)
The property will be marked, “Unsafe weapon – hold for
Special Investigations Squad (SIS)”.
2)
If the SIS investigator believes the weapon is unsafe, the
weapons will be transported to the Firearms Training Unit
for inspection by an armorer. If the weapon is determined
to be safe, the SIS investigator will test fire the weapon or
witness the test.
Packaging of Magazines, Ammunition, Bullets, and Casings
a.
Package magazines, ammunition, bullets, and casings
separately in a cartridge envelope and place them in a property
envelope.
b.
When a firearm is not found at the scene or not involved in the
Rev. 12/09/08, Replaces 03/11/08
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12.715
recovery, package magazines, ammunition, bullets, and casings
in standard property envelopes.
S.
Return of Confiscated Firearm(s)
1.
2.
If an officer confiscates a firearm from a citizen, the citizen may get
the firearm back if:
a.
There is a court order from a judge, or
b.
The Police Chief approves a written request from the citizen
requesting the return of the firearm.
c.
Officers will query the confiscated firearm(s) and person
requesting the firearm(s) to ensure he/she is in compliance with
ORC 2923.13, Having Weapons While Under Disability. The
person requesting the firearm must prove ownership or the right
to possession of the firearm and sign Form 332, Release of
Firearms. This is a three-part form, distribute as stated at the
bottom of the form.
When a confiscated firearm is returned to its owner, the Police
Department will, before returning the firearm, require the owner to
prove ownership or the right to possession of the firearm.
a.
T.
An owner may demonstrate ownership or the right to the
possession of a firearm using one of the following:
1)
A bill of sale with the description, serial number, and
owner’s name.
2)
A police query showing the firearm is registered to the
owner.
3)
Possession of a court order ordering the return of the
firearm to the owner.
4)
Presenting his homeowner’s insurance showing the firearm
is listed and reported lost or stolen from the owner.
5)
A dealer presenting an inventory with the firearm and serial
number listed and that the firearm was reported stolen or
missing from the owner’s business.
Concealed Carry Licenses
1.
Concealed Carry Licenses may be seized when a license holder is
arrested for any of the following:
a.
Any felony offense.
b.
Any misdemeanor offense of violence as defined in Section
2901.01 of the Ohio Revised Code.
Rev. 12/09/08, Replaces 03/11/08
16
12.715
2.
c.
Any drug offense.
d.
Violation of a Temporary Protection Order.
Process Concealed Carry Licenses separately from other seized
property. Attach a copy of the Form 527, Arrest and Investigation
Report, or the Form 314, Notice to Appear, to the Form 330, Property
Receipt.
a.
If the license is required as evidence for court proceedings, mark
the license as needed for “Court”.
b.
If the license is subject to confiscation but not required as
evidence for court proceedings, mark the license as
“Confiscated”.
1)
U.
c.
All seized Concealed Carry Licenses should be submitted to
Court Property Unit. Licenses should not be retained in the
Form 527E, Case Investigation Jacket, or in personal case
jackets if a Form 527E is not required.
d.
Found Concealed Carry Licenses will be processed as found
property per Court Property Unit’s current Standard Operating
Procedure.
Safes, Bicycles, and Large Evidence
1.
V.
Upon receipt of a Concealed Carry License, Court Property
Unit will make the necessary notification of the license
seizure to the issuing agency. Confiscated licenses will be
immediately mailed back to the issuing agency. Licenses
held for court will be mailed back to the issuing agency
upon conclusion of any criminal proceedings.
Take the property directly to the Court Property Unit during normal
business hours.
Fraudulent Checks
1.
Fraudulent checks are maintained in secure case jackets by the
assigned Financial Crimes Squad or district investigator and are not
delivered to Court Property Unit.
2.
Enter checks received into the Check Complaint Book maintained by
the Financial Crimes Squad. Entries will consist of the:
a.
Complainant's name and address.
b.
Suspect's name.
c.
Charge.
d.
Assigned investigator.
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12.715
3.
W.
X.
Y.
e.
Amount of the check.
f.
Date received.
Checks remain a part of the file and will not be disposed of after the
court action.
Fraudulent Prescriptions
1.
Fraudulent prescriptions are maintained in secure case jackets by
assigned Central Vice Control Section investigators and are not
delivered to Court Property Unit.
2.
Provide pharmacies with a Form 328, Prescription Receipt Form,
(pharmacy - top copy, case jacket - bottom copy) for prescriptions kept
as evidence.
3.
Prescriptions remain a part of the file and are not disposed of after the
court action.
Status of Property Items
1.
When property is being held as evidence, the Court Property Unit
clerk will initiate a disposition order. The clerk will forward the orders
to the responsible officer’s commander.
2.
The district/section/unit commander will ensure the responsible officer
completes the disposition order and returns it to Court Property Unit
within 14 days.
Proceedings for the Forfeiture of Property
1.
Officers will refer to procedure 12.735, Federal and State Forfeitures,
when processing property believed to be subject to forfeiture.
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18
12.720
12.720 EVIDENCE: SUBMITTING FOR PHYSICAL ANALYSIS
Reference:
Procedure 12.130 - Vice Control and Enforcement Responsibilities
Procedure 12.715 – Property and Evidence: Confiscation, Accountability,
Processing, Storage, and Release
Procedure 12.725 Blood drying Rooms: Processing of evidence Exposed to
Blood Borne Pathogens
Manual of Rules and Regulations - 2.04
Forensics Manual
Investigative Manual, 2.4.0 and 13.1.15
Definitions:
Evidence: Legally obtained, documentary or oral statements and material
objects submitted to a court of law as proof to ascertain the truth regarding an
offense that occurred.
Private police officers: performing special duties for the benefit of, and at the
expense of, private persons or corporations may be commissioned by the Police
Chief with approval of the City Manager. Such private police officers shall be
subject to the orders, rules and regulations of the Police Chief.
Drug paraphernalia: means any equipment, product, or material of any kind
used by the offender for propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body, a
controlled substance.
Deoxyribonucleic Acid (DNA) the material inside a nucleus of a cell that carries
genetic information.
Information:
The Hamilton County Coroner’s Laboratory has the ability to process items
submitted for DNA analysis. A DNA profile can be obtained from samples of
skin, hair, blood, and other body fluids. Once a profile is made, it is maintained
in a local data base and forwarded to the state for submission into the Combined
DNA Index System, (C.O.D.I.S.), where it is compared to established profiles of
known offenders.
The increasing number of DNA submissions and the costs associated with these
examinations has resulted in the following; the Coroner’s Lab will initially process
five items submitted for analysis per case. If no evidence is found on the first
five items, additional testing may occur on other evidence submitted. The lab will
currently accept more than five items; however testing will only be completed on
five items. Officers should limit the number of items submitted to the lab; the rest
should be properly collected and submitted to the property room. Officers should
include documentation in the submission paperwork to assist the lab in
determining which items will be examined first.
Rev. 01/20/09, Replaces 03/11/08
1
12.720
Purpose:
Prevent the suppression of evidence and dismissal of cases on procedural
grounds.
Policy:
Evidence submitted for physical analysis will be processed in a consistent
manner in order to maintain a high standard of dependability for examination of
the sample.
The officer will record all pertinent information on the Hamilton County Coroner’s
Laboratory Evidence Submission Form.
Procedure:
A.
Alcoholic Evidence
1.
Alcoholic beverages used as evidence in court require analysis.
2.
Officers citing/arresting for liquor violations must process the alcoholic
beverage as evidence.
a.
All alcohol evidence submitted for physical analysis must be
submitted in a plastic specimen bottle. The specimen must be
sealed with evidence tape. The seal must be initialed and dated
by the submitting officer.
NOTE: The original liquor container may be attached to the
specimen bottle; however, the lab will not accept
evidence in original sealed containers such as cans or
bottles.
1)
The investigating officer will enter the evidence in the unit's
property book and secure it in the unit property room.
Attach the following items to the evidence:
a)
Copy of the Form 527, Arrest and Investigation
Report, or Form 314, Notice to Appear.
b)
Form 330, Property Receipt.
1]
On the Form 330, list the name of each arrested
person. If the property also involves a liquor
establishment, include the liquor establishment's
name (DBA) on the Form 330.
c)
A Form 327, Property Held for Court Tag, marked
"Held for Court”.
d)
A Hamilton County Coroner’s Laboratory Evidence
Submission Form.
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2
12.720
2)
b.
Deliver the evidence to the Court Property Unit between
0630-0830 hours, Monday through Friday.
Process evidence no longer in its original container in the
following manner.
1)
Remove ice from the beverage to prevent dilution of the
evidence. Place the evidence in a plastic specimen bottle
and seal it.
a)
c.
Complete Forms 330, 327, and 484, Analytical Report for Liquor
Violations. Attach these items and a copy of the Form 527 or
Form 314 to the evidence. Enter the evidence in the unit
property book. Deliver the property to the Court Property Unit.
1)
d.
2.
List on the Form 330 the names of all arrested persons and
the name of the liquor establishment, when applicable.
Upon completion of liquor cases in court, the arresting officer will
inform the Court Property Unit of the case disposition.
Process evidence gathered for presentation to the Ohio Liquor
Commission according to Section A.1. Write "Hold for Columbus" in
red on the Form 330.
a.
B.
The investigating officer will date and initial the seal in
the presence of the arrested, if possible.
Evidence in original containers with unbroken seals presented to
the Ohio Liquor Commission only does not require analysis.
Drug Evidence
1.
Investigating officer(s) will properly tag evidence believed to be an
illegal or illegally possessed drug. A supervisor will verify the contents
and weights of drug evidence envelopes.
a.
b.
Weigh the above drugs/chemical substances, place them in an
envelope, and seal it with evidence tape. The seal must be
initialed/dated by the sealing officer (lab requirement). Weigh
the total package again without any forms attached. Mark on the
front of the evidence envelope the weight/count of the drugs and
the total packaged weight of the sealed envelope.
1)
Package drugs seized separately from drug paraphernalia.
Do not weigh drug paraphernalia.
2)
Package syringes in a syringe tube and attach a property
tag. Do not place the syringe tube in a property envelope.
The lab will not accept syringes packaged in a property
envelope.
The weighing officer and verifying supervisor will mark their
names and badge numbers on the evidence envelope.
Rev. 01/20/09, Replaces 03/11/08
3
12.720
1)
c.
When processing pills, tablets, capsules, caplets, etc., count the
individual units, place them in an evidence envelope, and seal it
with tape. Weigh the total package without any forms attached.
Mark on the front of the evidence envelope the count of the
drugs and the total packaged weight of the sealed envelope.
1)
2.
If the pills, tablets, etc. are crushed, weigh the drug
evidence then place it in an evidence envelope. Seal the
envelope and weigh the total package without any forms
attached. If crushed pills and whole pills are in the same
packaging, do not attempt to count the individual pills.
Weigh the crushed pills and whole pills together.
d.
Attach a copy of the Form 527, Form 314, and Evidence
Submission Sheet to the evidence.
e.
All Forms 330 will accompany the property to the Court Property
Unit.
f.
To maintain continuity of evidence, process articles held through
the unit property book before taking them to the Court Property
Unit. Mark in the unit property book the weight/count of the
drugs/pills and the total weight of the sealed package.
1)
Secure drug evidence separately from other evidence in
the unit property room.
g.
All personnel handling property will sign their name and date the
evidence bag in the designated spaces to ensure continuity.
The Court Property Unit will:
a.
Assume custody of all properly tagged evidence delivered to
their office.
b.
Verify the packaged weight, sign and return the yellow copy of
the Form 330 to the delivering officer for the unit files.
c.
Log the evidence into the Court Property Unit.
d.
Cause analysis of the evidence for court.
1)
3.
If the evidence is too large to weigh at the recovering unit,
contact Court Property Unit personnel per Procedure
12.715, Section B.4.c.
Once the Court Property Unit receives the property, direct
all questions about its status to that unit. Have the property
number and location number ready when making inquiries.
The arresting officer will advise Court Property Unit of the disposition
of completed court cases.
Rev. 01/20/09, Replaces 03/11/08
4
12.720
C.
DNA Evidence
1.
Officers requesting a DNA analysis should limit their requests to
evidence involving serious crimes. Felonies, violent misdemeanors, or
a pattern of offenses that might be connected to one person. Only
five items should be submitted to the lab for DNA analysis. These
items should be selected in order of importance to case and the
likelihood of providing a good sample of DNA. All other evidence
should be properly collected, packaged and submitted to the property
room.
a.
Each item submitted for analysis must be individually packaged.
b.
Documentation must accompany the evidence to the lab to
assist in identifying the importance of each item submitted.
c.
Evidence submitted for comparison to known victims, suspects
or persons must include buccal swabs before any DNA testing
will occur. Examples where buccal swabs are required include
guns submitted for CCW cases or steering wheels where
multiple known DNA profiles are likely to be found.
2.
In addition to blood and body fluids, items that can be submitted for
analysis include clothing, hats, or tools used in an offense. These
items may provide a profile from particles left by the suspect.
3.
Officers are encouraged to review the Investigative manual and
Forensic Manual for proper collection methods of DNA evidence. Only
trained personnel may submit a buccal swab for analysis, Contact an
Investigative Unit Supervisor to request a trained officer for assistance
with buccal swabs.
4.
Evidence submitted for DNA analysis must be packaged and
submitted in compliance with procedure 12.715, Property and
Evidence: Confiscation, Accountability, Processing, Storage, and
Release, Attach the original copy of the Hamilton County Coroner’s
Evidence Submission Sheet, a Form 330 and a copy of the 527 when
an arrest is made.
5
Every effort should be made to prevent cross contamination of
evidence submitted for analysis. Evidence containing wet blood or
body fluids can be placed in one of the blood drying rooms located at
District Four. Refer to procedure 12.175, Blood Drying Facility:
Processing of Evidence Exposed to Bloodborne Pathogens for
detailed instructions.
6.
The Court Property Unit will submit evidence to the Hamilton County
Corners Office as described in section D. 2. of this procedure.
7.
Results from testing generally take 30 days to complete. A report will
be forwarded to court property unit from the Hamilton County
Coroners lab. Court property unit will attach a copy of the report to
the evidence returned from the lab. A copy of the report will also be
forwarded to the submitting officer.
Rev. 01/20/09, Replaces 03/11/08
5
12.720
8.
D.
When C.O.D.I.S. matches a profile with a known person in the data
base, the Hamilton County Coroners Lab will send a report to the
investigating officer requesting a buccal swab sample from the
suspect to confirm the match.
Other Evidence Requiring Physical Analysis
1.
Criminalistics will:
a.
Criminalistics Squad will respond to the Court Property room to
check out any firearm submitted that has not been processed
and they will:
1)
Attempt to lift all latent fingerprints from the firearm.
2)
Process quality prints through the Automated Fingerprint
Identification System (AFIS) and report their results to the
Special Investigations Squad (SIS) personnel.
3)
Test fire the firearm and report their results to SIS.
4)
Take the firearm to the Hamilton County Coroner’s Crime
Lab for National Integrated Ballistics Identification Network
(NIBIN) test firing.
a)
d.
The original Evidence Submission Sheet will accompany articles
to the laboratory. The laboratory will not accept photocopies of
this form. Attach a copy of the offense report to the original
Evidence Submission Sheet.
1)
2.
The Crime Lab will report to the Criminalistics Squad
both positive and negative results of the NIBIN
searches.
Distribute copies of the Evidence Submission Sheet as
follows:
a)
Original to the analyzing agency.
b)
Copy to investigator's file.
c)
Copy to Criminalistics Squad along with a copy of the
offense report.
Court Property Unit personnel will:
a.
Respond to the laboratories daily, Monday through Friday,
except holidays.
b.
Pick up property and lab reports.
Rev. 01/20/09, Replaces 03/11/08
6
12.720
1)
c.
D.
Staple the Official Crime Laboratory Report submitted by
the Hamilton County Coroner's Laboratory to the evidence.
It will remain with the evidence until the evidence receives
a final disposition.
Mail a copy of the Official Crime Laboratory Report to the
investigating officer.
Processing Evidence for Cincinnati Private Police Officers
1.
Cincinnati private police officers may issue minor misdemeanor drug
possession citations.
a.
2.
The desk officer will notify a supervisor when a private police officer
submits evidence to the district.
a.
3.
Seized drug evidence will be submitted to the district where the
offense occurs.
Submit completed Forms 314, 330, and the Evidence
Submission Form with the evidence.
The district supervisor will:
a.
Check all forms for completeness.
b.
Ensure the property envelope is properly completed.
c.
Weigh and seal evidence in compliance with Section B.
4.
Any follow-up, including completion of the Form 676, Status of
Evidence and Property, will be the responsibility of the district of
submission.
5.
Court Property Unit personnel will:
6.
a.
Accept and process evidence in the same manner used for
Cincinnati police officers.
b.
Have the private police officer complete an Evidence Withdrawal
Receipt when retrieving evidence from the Court Property Unit.
When the private police officer is unable to return property to the
Court Property Unit on the day it is checked out, the property will be
returned to District One.
a.
A District One supervisor will receive evidence, confirm its
weight, and ensure the property is properly logged into the
property book.
Rev. 01/20/09, Replaces 03/11/08
7
12.725
12.725 BLOOD DRYING ROOMS: PROCESSING OF
EVIDENCE EXPOSED TO BLOODBORNE
PATHOGENS
Reference:
Procedure 12.310 - Waste and Medical Debris Used at Crime Scenes and Traffic
Accidents
Procedure 12.715 - Property and Evidence: Confiscation, Accountability,
Processing, Storage, and Release
Procedure 12.720 - Evidence: Submitting for Physical Analysis
Cincinnati Police Department Training Bulletin #142: Bloodborne Pathogen
Exposure Control Plan
Investigations Manual
Definition:
Evidence: Items collected and submitted to a court of law as proof to ascertain
the truth regarding an offense that occurred. It must be legally obtained to be
admissible in court.
Information:
The Police Department’s blood drying rooms are located at District Four. There
are three drying rooms lettered I, J, and K and a processing room lettered L.
Room L contains all necessary paperwork and personal protection equipment.
As there are only three blood drying rooms, careful thought must be given when
deciding if items are of evidentiary value. Only evidence which must be analyzed
by the Hamilton County Coroner’s Office or submitted as evidence in a court of
law should be considered for processing. Items which do not have evidentiary
value should be photographed, placed in a biohazard bag, and transported to a
fire station or hospital for disposal.
Refer to Procedure 12.310, Waste and Medical Debris Used at Crime Scenes
and Traffic Accidents, for questions concerning medical debris, blood, and body
fluids from a crime scene, traffic accident, or in public places such as sidewalks
and streets.
Purpose:
Provide a safe working environment for employees who deal with the processing
and drying of contaminated items that have EVIDENTIARY value.
01/16/07, Replaces 5/98
1
12.725
Provide maximum protection for those employees and citizens who work or
conduct business in the facility where the evidence is processed.
Policy:
Do not use the blood drying rooms merely for the purpose of drying items coming
into police custody. The on-scene supervisor of an incident must determine if
contaminated items are EVIDENTIARY in nature and whether they will be
needed as evidence in a court proceeding. If the on-scene supervisor is
uncertain whether the contaminated items are of evidentiary value, the
supervisor should contact a Homicide Unit supervisor for guidance and
assistance.
Do not accept any contaminated evidence, i.e., blood soaked clothing, from a
hospital without contacting a District Four supervisor to ensure there is sufficient
room in the blood drying rooms to house the evidence.
Procedure:
A.
Notifications:
1.
Personnel intending to use the blood drying rooms must contact a
District Four supervisor to obtain access.
a.
B.
Keys to the blood drying rooms are kept in a secure location
accessible only to District Four supervisors.
Packaging of Evidence for Transport to Blood Drying Rooms:
1.
Place all contaminated evidence in an evidence bag or leak proof
container.
a.
Process each item separately to avoid cross contamination.
b.
Avoid using plastic for transporting evidence. If evidence is
received from a hospital or other source enclosed in plastic, it
should be transported to the blood drying facility and removed
from the plastic within two hours.
c.
Leak proof containers are available from Supply Unit.
2.
Use a sufficient amount of packaging material to prevent any leakage
during transporting.
3.
Contaminated evidence will not be permitted inside District Four if it is
not properly packaged.
01/16/07, Replaces 5/98
2
12.725
C.
District Four Processing:
1.
Respond to the interior of the District Four garage.
2.
Request District Four desk personnel open the access door.
a.
D.
Absolutely no contaminated evidence will be brought into District
Four by any other means.
3.
Respond immediately to the blood drying rooms located near the front
desk in the south end of District Four. Wait for the arrival of a District
Four supervisor to provide access to the blood drying rooms.
4.
All personnel entering the blood drying rooms must wear rubber
gloves, shoe coverings, a mask, and eye protection when handling
contaminated items. The listed personal protective equipment is
stored in the cabinet in Room L.
a.
Officers transporting the contaminated items are responsible for
processing the evidence.
b.
Place contaminated rubber gloves, shoe coverings, and masks
in biohazard bags located in the drying room. Decontaminate
protective eyewear.
c.
Notify a Homicide Unit supervisor when supplies need to be
replenished.
d.
A Homicide Unit supervisor will respond to the drying rooms
once a week to inspect the rooms, review the log book, and
restock the supply room.
Blood Drying Rooms I, J, and K and Processing Room L:
1.
Blood drying rooms will be used by only one investigator at a time.
Place suspect’s and victim’s clothing in separate rooms to avoid cross
contamination.
2.
Each room is equipped with a stainless steel, horizontally mounted
bar.
a.
Drape evidence over the bar for drying.
b.
Place white butcher block paper on the floor if unable to use the
drying bar.
01/16/07, Replaces 5/98
3
12.725
3.
After putting the evidence in one of the rooms, tape a copy of the
completed Form 330, Property Receipt, to the glass of the drying
room door.
4.
Place a plastic zip-tie on the outside hasp of the door to ensure
continuity of evidence. Do not use evidence tape to secure the door.
The drying room door must remain locked at all times.
5.
Enter all information in the log book kept in Room L. Also make a
blotter entry at District Four and the unit of assignment of the
processing officer.
6.
Evidence must remain in the blood drying rooms for a minimum of 24
hours. Evidence must be removed within 72 hours. The processing
officer must coordinate with a District Four supervisor when removing
items from the blood drying rooms. It is the responsibility of the officer
placing the items in the blood drying room to remove them on time.
7.
E.
a.
Any time extensions must be approved by a Homicide Unit
supervisor.
b.
Make a blotter entry when you remove evidence from a room so
the room can be disinfected by District Four cleaning personnel.
It is imperative to note the room used in each blotter entry.
Use Room L to do paperwork only. Do not bring contaminated
materials into Room L.
Transporting Evidence from District Four to the Court Property Unit:
1.
Place dried contaminated evidence in an evidence bag or leak proof
container.
a.
Place a Form 330 and biohazard label on the outside of the
evidence bag or container.
01/16/07, Replaces 5/98
4
12.727
12.727 WARRANT COMPUTER ENTRIES, PRISONER
RETURN AND EXTRADITION
References:
Procedure 12.554, Investigatory Stops
Procedure 12.600, Prisoners: Securing, Handling, and Transporting
Ohio Revised Code Chapter 2963 - Extradition
Ohio Revised Code 2945.72 - Extension of time for hearing or trial
Ohio Revised Code - Ohio Rules of Criminal Procedure, Rule 1(C) (2), 4, 9
RCIC Manual Chapter 7, Section 7.8
Purpose:
Establish the Hamilton County Sheriff’s Bureau of Records, Central Warrants
Processing Unit (CWPU), as the central agency responsible for computer warrant
entries into the Regional Crime Information Center (RCIC), National Crime
Information Center (NCIC) and Law Enforcement Automated Data System
(LEADS) computer files.
Establish responsibility for the return of prisoners.
Establish Criminal Investigation Section (CIS) as:
•
Having the authority to assign the proper pick-up radius for all standard
warrant entries and warrant entries requiring a modified pick-up radius.
•
The Department liaison with law enforcement agencies in coordinating
prisoner returns.
•
Having the necessary expertise to inform officers of the correct course of
action required to obtain indictments where interstate extradition is
necessary.
Information:
CWPU enters Cincinnati warrants into the RCIC, NCIC and LEADS computer
files with the following pickup radius.
Pickup Radius Guide:
1
1B
1C
2
3
4
5
Extradite Interstate.
Extradite Interstate ("Within 500 mile radius of Cincinnati" entered as a
qualifier).
Extradite Interstate ("Within 250 mile radius of Cincinnati" entered as a
qualifier).
Any location within Ohio.
Ohio ("Within 100 miles of Cincinnati" entered as a qualifier).
Hamilton County and adjacent Ohio counties.
Hamilton County only.
Rev. 09/18/07, Replaces 2/98
1
12.727
The CIS Commander may approve a modified pick-up radius not typically
assigned to a warrant. Officers must submit a Form 450, Request for RCIC,
NCIC and LEADS Wanted Person Computer Entry, justifying the request.
Procedure:
A.
Warrant Entry
1.
Traffic Warrants
a.
Cincinnati traffic warrants are entered into RCIC, with a pick-up
radius of 5.
1)
In exceptional cases (multiple traffic warrants or
aggravated circumstances), an officer may request a pickup radius of 4.
a)
2.
The requesting officer must submit a completed Form
450 justifying the request.
Misdemeanor Warrants
a.
Cincinnati misdemeanor warrants are entered into RCIC with a
pick-up radius of 5.
1) Misdemeanor Domestic Violence warrants are entered into
RCIC and LEADS with a pick-up radius of 4.
b.
3.
Misdemeanor warrants may be extended in Ohio to a pick-up
radius of 2, 3 or 4. Officers must submit a Form 450 justifying
the request.
Felony Warrants
a.
All Cincinnati felony warrants signed by officers are entered into
RCIC, NCIC and LEADS with a pick-up radius of 1B with the
following exceptions:
1) Murder warrants, escape warrants and Grand Jury
Indictments are entered into RCIC, NCIC and LEADS with a
pick-up radius of 1.
2) Felony Domestic Violence warrants are entered into RCIC,
NCIC and LEADS with a pick-up radius of 1C.
b.
Officers requesting a modified pick-up radius for felony warrants
must submit a Form 450 justifying the request.
c.
Private felony affidavits are entered into RCIC with a pick-up
radius of 5 (e.g., an attorney who signs a felony affidavit on
behalf of his/her client).
Rev. 09/18/07, Replaces 2/98
2
12.727
B.
4.
All persons having five or more Cincinnati traffic or misdemeanor
warrants will immediately be entered into the RCIC and LEADS
system with a pick-up radius of 4.
5.
The officer originating a warrant or the officer involved in the warrant
service can make a recommendation to decrease a pick-up radius.
The requesting officer must submit Form 450 justifying the request.
Form 450, Request for RCIC, NCIC and LEADS Wanted Person Computer
Entry
1.
Officers requesting modification of a pick-up radius assigned to a
warrant in the RCIC, NCIC and LEADS computer files must complete
a Form 450 and forward it through the chain of command to the CIS
Commander.
a.
Upon approval the CIS Commander will forward a copy of the
Form 450 to the CWPU Commander for a warrant entry with a
modified pick-up radius into the RCIC, NCIC and LEADS
computer files.
1)
2.
C.
CIS will maintain the original Form 450.
Warrant Confirmation Request
1.
Officers will refer requests for a Cincinnati warrant hit confirmation to
CWPU.
a.
D.
The CIS Commander will ensure a copy of the Form 450 is
forwarded to the requesting officer.
Forward all information via telephone (513) 946-6201 or teletype
using the CWPU terminal identifier OH0310006.
Prisoner Transport
1.
The closest district will respond to pick-up an individual arrested in
another jurisdiction in Hamilton County or an adjacent Ohio county on
a Cincinnati warrant.
2.
All prisoner returns beyond an adjacent Ohio County are the
responsibility of the district/section/unit originating the warrant.
Officers will coordinate the prisoner return with CIS.
3.
Upon approval of the CIS administrative supervisor, the prisoner
transport/extradition service contracted by the City may be utilized for
prisoner returns outside of the state of Ohio.
a)
Officers must ensure a Form 527, Arrest and Investigation
Report, Form 527A, Case and Bond Information Sheet, and /or a
Form 527B, Trial Preparation Form, is completed and delivered
to the Hamilton County Justice Center (HCJC) Central Intake
prior to the arrival of the prisoner.
Rev. 09/18/07, Replaces 2/98
3
12.727
4.
E.
The prisoner transport/extradition service will not be used for prisoner
returns within the state of Ohio.
Prisoner Return - Arrested in Hamilton County
1.
CWPU will teletype Police Communication Section (PCS) with warrant
confirmation.
2.
PCS will dispatch the closest district to respond to pick-up an
individual arrested in another jurisdiction in Hamilton County on a
Cincinnati warrant.
a.
F.
Prisoner Return - Arrested in an Adjacent Ohio County
1.
CWPU will teletype the warrant confirmation, telephone number and
terminal identifier of CIS (OHCIP0010) to the arresting agency.
a.
2.
After confirming the warrant, CWPU will notify CIS of the arrest.
CIS will teletype the arresting agency informing them a unit will be
dispatched.
a.
G.
The Computer Aided Dispatch (CAD) system is programmed to
select the closest district to the arresting Hamilton County law
enforcement agency.
Include PCS terminal identifier OHCHP0012 in the header and
request PCS to contact the arresting agency to arrange prisoner
pick-up.
Extradition - Arrested in an Ohio County Other Than Hamilton County or an
Adjacent Ohio County
1.
An individual arrested in an Ohio county other than Hamilton County
or an adjacent Ohio county may not be returned to Cincinnati until
brought before a court of record and given the opportunity to consult
with an attorney or a person of his choice and to post bail as
determined by a judge of that court (as required by Ohio Revised
Code (ORC) Criminal Rule 4, Section E).
2.
CWPU will teletype the warrant confirmation, telephone number and
terminal identifier of CIS to the arresting agency.
a.
After confirming the warrant, CWPU will notify CIS of the arrest.
3.
All further correspondence reference prisoner return will remain with
the arresting agency and CIS until the decision to extradite is
confirmed and a Rule 4 waiver is obtained or the posting of bail cannot
be met by the arrested.
4.
CIS will:
a.
Notify the district/section/unit of the arrest and determine if the
arrested will be extradited to Hamilton County for prosecution.
Rev. 09/18/07, Replaces 2/98
4
12.727
b.
Teletype a request for a prisoner hold to the arresting agency
while attempting or upon notification of the intent to extradite.
1)
c.
Ensure a Rule 4 waiver has been signed by the arrested.
1)
d.
H.
If the district/section/unit originating the warrant declines
extradition or if the subject of the warrant can no longer be
prosecuted, CIS will notify the arresting agency that
extradition will not occur.
If the arrested refuses to sign the waiver, he/she is
provided the opportunity to post bail within 24 hours. If
unable to post bail, the arresting agency will request
prisoner pick-up within 3 working days (time requirement
for the pick-up of a prisoner will vary depending on the
county law enforcement agency involved).
Coordinate prisoner return with the district/section/unit
originating the warrant.
Extradition - Arrested in Another State
1.
When a subject is arrested in another state on a warrant issued by the
Cincinnati Police Department, an extradition waiver must be
completed if the subject is willing to waive the right of extradition. This
waiver must be done in a formal judicial hearing.
2.
CWPU will teletype the warrant confirmation, the telephone number
and the terminal identifier of CIS to the arresting agency.
a.
After confirming the warrant, CWPU will notify CIS of the arrest.
3.
All further correspondence will remain with the arresting agency and
CIS until the decision to extradite is confirmed and an extradition
waiver has been obtained by the arrested.
4.
CIS will:
a.
Notify the district/section/unit of the arrest and determine if the
arrested will be extradited to Hamilton County for prosecution.
b.
Teletype a request for a prisoner hold to the arresting agency
while attempting or upon notification of the intent to extradite.
1)
If the district/section/unit originating the warrant declines
extradition or if the subject of the warrant can no longer be
prosecuted, CIS will notify the arresting agency that
extradition will not occur.
Rev. 09/18/07, Replaces 2/98
5
12.727
c.
Ensure a waiver of extradition has been signed by the arrested.
1)
Extradition of the arrested must be completed within 10
working days of the notification of waiver (time requirement
for the pick-up of a prisoner will vary depending on the
state law enforcement agency involved).
2)
If the arrested refuses to sign the waiver of extradition, the
district/section/unit originating the warrant must secure a
Grand Jury indictment. A Governor’s Warrant will be
issued through the Hamilton County Prosecutor’s Office
requiring the holding state to release the arrested to the
custody of the demanding state.
a)
d.
I.
The Hamilton County Sheriff's Office (Fugitive
Warrant Unit) has responsibility for coordination of the
prisoner return once a Governor’s Warrant is signed.
Coordinate prisoner return with the district/section/unit originating
the warrant.
Extradition - Wanted in Another State
1.
When a computer hit is received on a felony warrant for a subject
wanted in another state, the arresting officer will notify the Cincinnati 1
(CIN1) terminal operator.
2.
The CIN1 terminal operator will:
a.
Send a teletype to the agency where the warrant originated
requesting confirmation.
1)
Confirmation must be furnished within 10 minutes when
responding to an urgent request. Urgent requests are
customary when no original charges are filed by the
arresting agency. The decision to extradite does not need
to be made within 10 minutest, only the decision to hold
pending the extradition process.
2) Confirmation must be furnished within one hour when
responding to a routine request. Routine requests are
customary when original charges are filed by the arresting
agency.
b.
Send a second teletype if the confirmation teletype is not
received within ten minutes.
1)
If no response is received within ten minutes after the
second teletype, the CIN1 terminal operator will call the
originating agency by telephone and/or notify LEADS
control.
Rev. 09/18/07, Replaces 2/98
6
12.727
c.
Notify the arresting officer of the warrant confirmation.
1)
3.
d.
Forward a copy of the extradition teletype to HCJC Central
Intake.
e.
Notify the originating agency to direct all further inquiries to the
Fugitive Warrant Unit at (513) 946-5350 or by teletype using
terminal identifier OH0310029.
The arresting officer will prepare a Form 527.
a.
4.
The transporting officer will inform HCJC Central Intake
personnel to attach the teletype to the Form 527.
The Fugitive Warrant Unit has responsibility for coordination of the
prisoner return once the prisoner is in the HCJC.
a.
J.
If confirmation is not received the officer will notify a
supervisor. The supervisor will decide whether to attempt
further notification or to release the subject. The
seriousness of the charge for which the subject is wanted
must be considered.
Officers will not contact the originating agency. If contacted by
the originating agency, officers will direct questions regarding
prisoner pick-up or extradition proceedings to the Fugitive
Warrant Unit.
5.
The Ohio Criminal Code prohibits the release of a subject to another
state without a mandatory hearing before a court of record. Verbal or
written waivers out of court are not valid.
6.
No subject will be arrested for a misdemeanor or traffic offense from
another state.
7.
No subject will be extradited for a misdemeanor or traffic offense to or
from another state.
Arrest Notification
1.
Officers coming into contact with individuals who have a caution
indicator in RCIC, LEADS or NCIC who are known to have an
affiliation with groups or organizations which pose a domestic security
concern must complete a Form 534, Contact Card; Form 527, Arrest
and Investigation Report, etc., documenting the encounter (include
photographs when possible) and forward to the appropriate
section/unit. These groups may include but are not limited to terrorist
groups, militia/hate groups, and Security Threat Groups (STG).
a.
A STG is defined by the Ohio Department of Corrections as any
organized criminal group which, if operating inside the institution,
poses a security risk to the institution or inmate population.
Examples of STGs include: white supremacist organizations,
outlaw motorcycle groups, and street gangs.
Rev. 09/18/07, Replaces 2/98
7
12.727
b.
Forward to Intelligence Section, a copy of any report and
photographs of individuals affiliated with militia/hate groups and
STGs.
c.
Forward to Tactical Planning Unit, a copy of any report and
photographs of individuals affiliated with terrorist groups.
2. Intelligence Section personnel will ensure a caution indicator is added
to the RCIC record of STG individuals which reads, “Caution, Subject
identified as a Security Threat Group member, please forward any
contact information to the Intelligence Section or call (513) 564-2200
or (513) 721-GANG”.
Rev. 09/18/07, Replaces 2/98
8
12.730
12.730 UNSERIALIZED STOLEN PROPERTY/PROPERTY
FILE
Reference:
Standards Manual - 82.3.2
Information:
According to the National Crime Information Center (NCIC) standards and rules,
stolen property for which the manufacturer's serial number or owner applied
serial number is known is actually entered in the computer files.
An addition to the property file has been created and made available locally by
the Regional Computer Center (RCC). This file has been extended to assist the
officer in identifying unserialized stolen property.
Purpose:
Provide a uniform Department policy governing the entry of stolen property in the
RCC file.
Provide a method of entry and retrieval of this information.
Promote uniformity and standardization with other CLEAR County Law
Enforcement Applied Regionally) users under CAPTOR (Criminal Apprehension
and Prevention Through Offense Reporting).
Procedure:
A.
Processing Property:
1.
District collators will review offense reports and be responsible for
determining which property qualifies for entry into the RCC file.
Property will be entered if any of the following applies:
a.
A brand name or model number is available.
b.
The property has been marked with initials or any other
identifiable marking which would enable the complainant to
identify the property.
c.
The property is described sufficiently by size, weight, color, or
any other combination of factors which make it identifiable.
2.
District collators will also be responsible for coding the property for
entry.
3.
Lost property which is reported on an Ohio Uniform Incident Report
will also be entered into the file (since it is readily identifiable and is
valuable).
Rev. 1/97, Replaces 3/84
1
12.730
4.
Guns and autos will not be entered into this file but will continue to be
entered into their own file.
5.
Property stolen and recovered at the time of the initial report will not
be entered (i.e., a shoplifter is arrested and property recovered at the
time the report is made).
6.
Data entry clerks will be responsible for making all entries,
modifications and cancellations in the file.
a.
7.
Whenever multiples of the same property are stolen and entered
into the file, a single group entry will be utilized. For example, a
book of 100 checks will require only one entry. Quantity and
identifying numbers will be entered in the remarks field.
Initial queries should be made by brand name, if possible, to minimize
the size of response (see query example below).
OSP/Terminal Mnemonic. 29: Property Type. 30: Brand Name
a.
If brand name is not available, query by whatever information is
available describing the property.
QSP/Terminal Mnemonic. 29: Property Type
8.
b.
A second query will give additional information (i.e., value,
address stolen, etc.).
c.
Refer to RCC Users Manual for further query information.
All entries will be purged after 90 days. At that time a printout of all
purged entries will be sent to the Criminal Investigation Section
Burglary Squad for retention and future reference.
Rev. 1/97, Replaces 3/84
2
12.735
12.735 FEDERAL AND STATE FORFEITURES
Reference:
21 U.S.C. 853 - Federal Criminal Forfeitures
21 U.S.C. 881 - Federal Civil Forfeitures
Ohio Revised Code 2901.01(A)(13) - Definitions
Ohio Revised Code 2925.42 - Ohio Forfeiture Law
Ohio Revised Code 2925.43 - Ohio Forfeiture Law
Ohio Revised Code 2981.03 - Ohio Forfeiture Law
Procedure 12.715 - Property and Evidence: Accountability, Processing, Storage
and Release
Definitions:
Seizing officer – is any sworn officer who confiscates property including money,
motor vehicles, real property or real estate which will be held for forfeiture.
Purpose:
To ensure the fair and impartial enforcement of search and seizure laws while
protecting the individual property rights of citizens.
To provide for uniform and efficient processing of forfeiture applications through
the Federal Bureau of Investigation (FBI) and the Hamilton County Prosecutor's
Office of seized property.
Policy:
All property seized by or forfeited to the Police Department will be processed by
authorized personnel. Department personnel will not seize currency from any
citizen absent probable cause to believe such currency is contraband, as defined
in the Ohio Revised Code Section 2901.01(A)(13), or evidence of a crime.
Department personnel will not use, or condone the use of any bias based
profiling in asset seizure and forfeiture efforts.
Information:
Both federal law and the Ohio Revised Code (ORC) provide for forfeiture, to the
Police Department, of all property used in and the proceeds gained from the
commission of a felony drug offense.
In addition, the ORC provides for forfeiture, to the Police Department, of
personal property and money considered contraband because of its use in any
offense or a conspiracy to commit any offense.
Motor vehicles are only forfeitable if used in a felony offense. However, motor
vehicles can be ordered forfeited, by Municipal Court, by an agreed order of
forfeiture in connection with a plea arrangement.
Rev. 09/18/07, Replaces 08/19/03
1
12.735
Procedure:
A.
Initiation of Forfeiture Proceedings:
1.
Officers coming into contact with contraband, money, or a vehicle
believed to be subject to forfeiture will seize those items and complete
a Form DIS-94, Forfeiture Application.
a.
The officer must believe sufficient probable cause exists to
believe the item has been obtained through or used in the
commission of a felony offense.
b.
If the contraband, money, or vehicle is needed as evidence for
court, process as directed in this procedure and Procedure
12.715, Property and Evidence: Accountability, Processing,
Storage, and Release.
c.
2.
1)
It is the exception, rather than the rule, to hold a vehicle as
evidence.
2)
In cases involving large amounts of currency, the
Prosecutor's Office requests the currency be held as
evidence.
Clearly mark the words "Seized Asset - Forfeiture Case" on all
property tags and receipts of property seized for forfeiture
proceedings.
The seizing officer will submit an approved Form DIS-94 along with
copies of the following documents, if applicable, to the Asset
Forfeiture Unit (AFU) prior to the completion of the tour of duty.
a.
Arrest and Investigation Report. (Form 527) (include zip codes
for residence address and place of arrest)
b.
Vice Activity Report (Form 526).
c.
Evidence Submission Sheet.
d.
Search warrants and returns.
e.
Any complaints signed (after notarization).
f.
A complete list of all property seized which might be subject to
forfeiture proceedings.
g.
If a vehicle is involved, a Form 369, Towing Report, with
computer printout showing registration information on vehicle.
h.
A concise case summary showing:
1)
Probable cause for arrest.
Rev. 09/18/07, Replaces 08/19/03
2
12.735
3.
2)
Relationship of seized property to the felony drug offense
or involved offense.
3)
Present location of the property (e.g., Court Property Unit,
Impound Unit).
4)
If the Cincinnati Police Department is the only agency
involved in the seizure.
5)
If there is an additional agency involved in the seizure, the
identity of the agency and explaining their participation in
the case.
Seizure of Currency from Juveniles:
a.
Money seized from juveniles can be considered part of the
normal proceedings if accompanied by a petition on the Juvenile
Complaint.
1)
The Juvenile Complaint will be completed with the following
information added: “and request forfeiture of $--- seized in
connection with the offense.”
a)
2)
This applies to individuals charged with drug related
offenses under ORC Section 2925 and in which money
was seized regardless of the amount.
a)
4.
This information will be entered immediately after the
degree of the offense for which the individual is
charged.
This does not bypass the need to complete the
Forfeiture Application or notify AFU of the seizure.
Seizure of Motor Vehicles:
a.
If a vehicle is involved, complete a Form 369 and tow to the
Impound Unit. Note in remarks "Hold For Forfeiture, Do Not
Release." Also note the owner notified of the seizure, the time,
date, method of notification, and the officer who made the
notification.
1)
The seizing officer must notify the owner within 72 hours of
the seizure. Notification may be orally (in person), by
telephone, or by certified mail (return receipt requested) to
the owner's last known address.
2)
If the seizing officer cannot actually contact the owner,
reasonable good faith efforts to do so constitute fulfillment
of the notice requirement (ORC Section 2933.43(A)(2)).
Record all unsuccessful efforts in the case jacket.
Rev. 09/18/07, Replaces 08/19/03
3
12.735
b.
Motor Vehicles Not in Possession of the Owner at the Time of
Seizure:
1)
Return motor vehicles and contents to the owner within 72
hours if not in the possession of the owner at the time of
seizure unless:
a)
The owner is charged with a felony offense or
administrative violation that includes the use of the
vehicle as an element of the offense (i.e., Permitting
Drug Abuse, ORC Section 2925.13).
b)
The owner is charged with a felony offense or
administrative violation in the actual commission of
which the motor vehicle was used.
1]
If one of the above applies, the motor vehicle
may be retained until the disposition of the
criminal or administrative charge.
2]
If one of the above does not apply and the
seizing officer will need more than 72 hours to
complete the investigation:
a] With approval from a supervisor, petition the
Court of Common Pleas for an order
extending this 72 hour period.
2)
Request for Court Order to Extend the 72 Hour Period
(ORC Section 2933.43):
NOTE:
a)
3)
Use of this section is the exception rather than
the rule. The actual number of times this court
order is requested should be minimal. The
preferred practice is to complete the
investigation and return the vehicle to the owner
within the 72 hour period.
Officers will exercise sound discretion when applying
for a court order to extend the 72 hour period. This
application procedure is complicated and time
consuming. Avoid it if at all possible.
Contact AFU on the first available business day after the
seizure. If the seizure takes place after normal business
hours, send an email to the Central Vice Control Section
Commander. Then follow up by phone on the next
business day. Provide the following information:
a)
A complete description of the vehicle, including make,
model, year, color, and VIN number.
b)
The name and last known address of the owner.
Rev. 09/18/07, Replaces 08/19/03
4
12.735
4)
c)
A statement of why additional time is needed for
investigation, inspection, or the gathering of evidence.
d)
Information concerning the notice given to the owner.
AFU will contact the Prosecutor's Office, provide them with
the above information, and request the Prosecutor's Office
petition the court for an order extending the 72 hour period.
a)
It may be necessary for the seizing officer to appear
at the petition hearing to explain why it is necessary
to hold the vehicle longer than 72 hours.
1]
5)
A Central Vice Control Section supervisor will
notify the officer if the officer is required to
attend the petition hearing.
The court must hold a hearing no later than the next court
day and notify the owner of the hearing.
a)
The seizing officer will notify the owner of this
hearing.
1]
Make notification to the owner's last known
address as shown on the Form 527, Form 369,
etc.
2]
Seizing officer will use the Notice of Hearing
(Form 273) to make notification.
a]
3]
6)
Fax a copy of the notice to AFU for tracking
purposes. Return the original to the prosecutor
handling the case. The prosecutor will then file
the Proof of Service with the court.
If the petition is denied by the judge, return the motor
vehicle and contents to the owner.
a)
7)
Complete the Proof of Service portion.
The Police Department will require proof of ownership
or legal possession of the contents from the motor
vehicle. An Affidavit, Form 272, from the owner
stating lack of knowledge concerning the motor
vehicle's use in illegal activities will also be required.
The Impound Unit, district, or unit which has possession of
the vehicle will:
a)
Execute the Form 272.
Rev. 09/18/07, Replaces 08/19/03
5
12.735
1]
B.
C.
If a notary is not on duty at the Impound Unit,
they will request a supervisor respond to the
Impound Unit to notarize the affidavit.
b)
Release the vehicle to the owner.
c)
File the Form 272 with the Form 369 and mail a copy
to AFU for tracking purposes.
AFU Responsibilities:
1.
Asset Forfeiture personnel will be recalled on all seizures of currency
or property exceeding $10,000 in value. Seizures involving Regional
Narcotics Unit personnel are exempt for the recall provision.
2.
Determine whether the property is subject to forfeiture based upon the
following minimum guidelines and the facts of the particular case:
a.
U.S. Currency - $200.00.
b.
Vehicles - $1,000.00.
3.
Determine which agency (FBI or Hamilton County Prosecutor's Office)
will process the forfeiture and forward the necessary information to
them.
4.
Forward to Hamilton County Prosecutor’s Office all forfeiture
complaints within the following timelines; “Mobile Instrumentalities”,
motor vehicles, water craft, personal or business/government records,
within 15 days of the seizure. All other forfeiture complaints must be
received within 45 days of the seizure.
5.
Secure a certified copy of auto titles at the Auto Title Department,
County Administration Building, 1001 Main Street, Cincinnati, Ohio,
45202.
6.
Act as liaison between the Department and the processing agency.
7.
Track all cases to provide the Department with information on the
status of forfeiture cases.
Distribution of Property Forfeited to the Police Department:
1.
The FBI or the Hamilton County Prosecutor's Office will notify AFU
when the Police Department will receive forfeited property. AFU will:
a.
Respond to the Court Property Unit (CPU) and provide them
with a copy of the court order.
b.
Sign a Form 272 for property received and transfer/deposit cash
with the City Treasurer.
c.
Forward appropriate documentation to the Fiscal and Budget
Section with the amount of deposit.
Rev. 09/18/07, Replaces 08/19/03
6
12.735
d.
Notify Evidence/Property Management Section if the forfeiture
involves motor vehicles or other property.
1)
2.
D.
Evidence/Property Management Section will assign motor
vehicles or other property to various units throughout the
Police Department.
If the Police Chief chooses to sell forfeited property rather than keep it
for use by the Department, Evidence/Property Management Section
will:
a.
Arrange for the sale of the property.
b.
Forward the proceeds of the sale to the Fiscal and Budget
Section for deposit in the forfeiture account.
c.
Notify AFU which property is sold and of the proceeds received
from the sale.
Disposition of Money Seized for Forfeiture:
1.
If, after review of the Form DIS-94 by AFU and/or the appropriate
prosecutor, a decision is made to adopt the case for forfeiture, the
AFU will assume responsibility for release of the money.
2.
If, after review of the Form DIS-94 by AFU and/or the appropriate
prosecutor, no connection is found between the money and any illegal
activity, the AFU will notify the seizing officer no forfeiture action will
be initiated against the seized money.
a.
If the seized money is not needed as evidence in any other civil
or criminal proceeding, the seizing officer will contact the Court
Property Unit and authorize the release of the money to the
defendant or his authorized representative.
b.
The seizing officer will then notify the defendant to claim the
money at the Court Property Unit.
Rev. 09/18/07, Replaces 08/19/03
7
12.805
12.805 DIRECT PRESENTMENT TO THE GRAND JURY BY
THE COUNTY PROSECUTOR
Purpose:
Obtain a direct indictment by the Grand Jury allowing the accused to be arrested
on the open indictment and proceeded against in the Common Pleas Court of
Hamilton County.
Obtain a direct indictment of any adult who is accused of the commission of a
felony sex offense as set forth in Ohio Revised Code Chapter 2907 when the
victim is a minor.
Procedure:
A.
Direct indictment by the Grand Jury except felony sex offenses where the
victim is a minor, Central Vice Control Section, Homicide Unit, Personal
Crimes Unit, Pharmaceutical Diversion Unit, and Street Corner Unit cases:
1.
Route requests to the Rapid Indictment Program at the Criminal
Investigation Section.
a.
2.
A complete copy of the Case and Bond Information Sheet (Form
527A), countersigned by the district or unit commander, will
accompany the request.
Upon receipt of such request, the Rapid Indictment Program will
review the request and cause the facts to be presented to the county
prosecutor without delay. Incomplete Forms 527A will be returned to
the initiating officer through command channels.
a.
Officers will not hold out any pertinent information. The county
prosecutor needs to know as much as possible about a given
case before circumventing the usual procedure of taking the
case through criminal court.
3.
B.
Restrict requests to serious cases where the perpetrator(s)
is known, warrants have been filed, the suspect(s) is out of
the state and his whereabouts known, or he is in custody.
Procedure for Processing All Felony Sex Offense Cases in Which the
Victim is a Minor:
1.
In nonemergency situations or where the assailant is known but an
arrest has not occurred, the investigating officer will immediately:
a.
Prepare a Form 527A, including a complete witness list, and
forward it along with any available evidence and medical
information to the Personal Crimes Unit (PCU).
1)
PCU will conduct a follow-up investigation, notify the Rapid
Indictment Program, and ensure the case is presented
directly to the Grand Jury.
Rev. 8/95, Replaces 6/89
1
12.805
a)
Rev. 8/95, Replaces 6/89
If the Grand Jury returns an indictment, the accused
will be arrested on the open indictment and
proceeded against in Common Pleas Court.
2
12.806
12.806 PROCESSING AND ACCESSING SEALED
CONVICTION/NON-CONVICTION RECORDS
Reference:
Manual of Rules and Regulations – 1.07
Records Section Standard Operating Procedure
Ohio Revised Code – Sealing of Record of Conviction, Sections 2953.31 – 2953.61
Purpose:
To outline methods of processing records and documents created in conjunction with
conviction/non-conviction records requiring sealing in accordance with orders from the
courts.
To ensure compliance with the law in all such instances.
To outline the types of sealed records maintained by Records Section and how each
may be legally utilized by police officers.
To centralize the authority and responsibility for maintaining and coordinating
processing of sealed Cincinnati records with Cincinnati Police Records Section.
Policy:
According to State law, no person who is employed by the Cincinnati Police
Department, with the exception of the Records Section Director, shall knowingly
release, disseminate, or otherwise make any information contained in a sealed nonconviction record jacket available to, or discuss any information contained in same, with
any person not employed by the Department.
Information:
The Ohio Legislature has passed several statutes which provide the means for persons
with conviction and non-conviction history to apply for court orders which require the
expungement (for purposes of Ohio law, a "Sealing") of those conviction and nonconviction records and other related indexes.
A computer hit will result whenever a QHW is performed relative to a person with a
sealed conviction record that was sealed after September 26, 1984.
Non-conviction records sealed after September 26, 1984, will not result in a computer
hit as a result of a QHW. There is no index to sealed non-conviction records sealed
after September 26, 1984, available to anyone other than Ohio agency Records Section
Directors.
Court sealing orders after September 26, 1984, may require certain actions be
performed at the direction of the Records Section Director.
Rev. 11/29/05, Replaces 9/85
1
12.806
Procedure:
A.
Accessing Sealed Conviction Records
1.
When performing a QHW on an individual with a sealed conviction record,
the following message will appear: “For more information, contact the
entering agency's Record Unit supervisor”. This is an indication that some
type of sealed record may be on file with the indicated agency.
2.
Access to and copies of sealed Ohio conviction records can be obtained by
any police officer under the following conditions:
a.
If the subject of the sealed record is under arrest or the officer intends
to sign a warrant for the subject and the officer wishes to determine if
the defendant could be charged as a “Second Offender” on the basis of
a previous offense which had been sealed.
1)
b.
B.
C.
In a criminal proceeding under the above conditions, a sealed
conviction record is admissible evidence of a "Second Offender"
status.
If an officer was personally involved in the sealed case, and is the
subject of a civil action arising out of that case, the officer may then use
the sealed record in his/her defense.
Accessing Sealed Ohio Non-Conviction Records
1.
Any Cincinnati police officer may view the "Investigatory Work Product"
portion of any sealed non-conviction record upon request to the Records
Section Director. Requests will be made on a Form 17 via the chain of
command.
2.
Other law enforcement agencies, under certain conditions, may view certain
Cincinnati sealed non-conviction records. Application must be made to the
Records Section Director.
3.
Cincinnati police officers, under certain conditions, may view the
"Investigatory Work Product" portion of non-conviction records in the custody
of other Ohio or non-Ohio police agencies. Application must be made to the
Records Section Director of that agency.
Processing and Coordinating Court Ordered Sealings
1.
2.
Upon receipt of a court order to seal records, the Records Section Director
will:
a.
Ensure the Records Section sealing process is carried out according to
existing Records Section Standard Operating Procedure.
b.
Notify affected district/section/unit commanders, via Form 17, of the
requirements for sealing a record.
Upon receipt of a Form 17 from the Records Section Director, indicating action
to be taken as a result of a court ordered sealing, the district/section/unit
commander will:
Rev. 11/29/05, Replaces 9/85
2
12.806
a.
Sign all Forms 17 and send through proper channels, along with the
required indicated documents, to the Records Section Director for
sealing in special files.
Rev. 11/29/05, Replaces 9/85
3
12.809
12.809 COURT ORDERS FOR TELEPHONE RECORDS
References:
United States Code (USC) 18USC2510-18USC2522, et al - Federal Wiretap
Statutes
18USC2703 - Release of Subscriber Information to Law Enforcement under
Court Order
18USC3127 - Authority to issue orders pursuant to 18 USC 2703
Ohio Revised Code (ORC) 2933.52 - Interception of wire, oral or electronic
communications
ORC 2933.53 - Application for Interception Warrant
ORC 2933.56 - Contents of warrant; sealing of application and warrant;
disclosure; retention
ORC 2933.58 - Instructions to investigative officers; procedures for interception;
territorial validity
ORC 2933.59 - Execution of warrant or oral order; recording or resume;
termination; tampering; destruction of documents; disclosure
ORC 2933.61 - Service of inventory on intercepted persons; inspection of
materials
ORC 2933.64 - Training in wiretapping and electronic surveillance
ORC 2933.65 - Civil and criminal actions for violations
ORC 2933.76 - Authorization of use of a pen register or trap and trace device
ORC 2933.77 - Authorization for TSP to charge for services outside of the normal
course of business and for technical assistance and equipment
Procedure 17.100 - Record Storage
Standards Manual – 42.2
Definitions:
On Line Listing Information (OLLI) – Provides subscriber name, address, and
zip code on published telephone numbers in the Cincinnati Bell service area. No
court order required.
Dialed Number Recorder (DNR) – Equipment installed at service provider’s
Central Office. Electronically traps numbers dialed from a target location.
Requires monitoring and additional equipment. Incoming call data can be
received if the target line has Caller ID service and the equipment is enabled to
capture such data.
Pen Register – Same as a Dialed Number Recorder
Trap and Trace (T&T) – Software programming by provider at the switch, which
records numbers dialed into a target’s phone (Incoming Calls). By using Pen
Register and Trap and Trace together both incoming and outgoing calls will be
identified.
Non-Published number – Unlisted telephone service: Subscriber name, and
address on non-published telephone numbers requires a court order. There is
no cost for this service.
New 05/06/03
1
12.809
Call Termination Study - Provides a list of telephone numbers, which are
terminating at a designated location. Not all calls will be recorded depending on
the volume of calls.
Pre-paid Account - Service is provided to a subscriber, who has pre-paid their
account. Usually seen where minutes are purchased on a particular cell phone
number. Subscriber information is not confirmed by service provided, thus
information is not reliable. Any name can be provided to service provider for
subscription. Court order is required.
Telecommunications Service Provider (TSP) – Company responsible for the
transmission of communications through either land or cellular capabilities.
Includes Cincinnati Bell, Ameritech, Cingular, Nextel, Sprint, Verizon, etc.
Purpose:
Clarify the responsibility of officers and supervisors in requesting court orders for
telephone records. To identify the Intelligence Unit as the Unit responsible for
writing court orders, providing requesting units with instructions for getting them
signed, serving them on the affected telephone company, receiving returns from
the telephone company, and keeping a master file of all court orders. The
Intelligence Unit has the only state certified officers to perform the service
required in court orders for certain telephone records.
Policy:
Requests for court orders for telephone records pursuant to 18USC2703 will only
be made in connection with a legitimate criminal inquiry. Requesting officers will
provide the information as requested by the Intelligence Unit. Records obtained
pursuant to a court order will only be used for criminal investigations and will be
maintained in a manner which prevents the release of such information to
anyone not involved in the investigation or criminal prosecution.
Information:
A Criminal Judge of Common Pleas must sign all telephone record court orders.
All telephone court orders require the following information on the affidavit:
A requesting officer needs to provide his name, rank, unit of assignment, working
hours, telephone and fax numbers. The officer must include the criminal charge,
with the ORC Section number for the investigation, and a brief statement of
probable cause.
The probable cause statement must include how the number is involved in the
criminal activity and how the requested information will assist law enforcement in
the criminal investigation.
New 05/06/03
2
12.809
Procedure:
A.
Requesting Telephone Records
1.
Requests for information on “published” telephone numbers will be
made through the Intelligence Unit. Information will be retrieved from
OLLI.
2.
Requests for information on “non-published” telephone subscribers,
toll records for long distance calls, credit information and custom
calling features for Cincinnati Bell numbers, subscriber requests for
other Telecommunications Service Providers (TSP), and billing
records from wireless carriers will require a Common Pleas Court
Order.
a.
The requesting officer must provide the appropriate information
to the Intelligence Unit.
1)
The Intelligence Unit will complete a Hamilton County
Common Pleas Court Order Application and Order. The
court order will be addressed to the TSP for the exact
records requested.
2)
The Intelligence Unit will fax or deliver the application and
order to the requesting officer to take to the Hamilton
County Common Pleas Court On-Call Criminal Judge. The
requesting officer will fax or deliver the signed application
and order to the Intelligence Unit. The Intelligence Unit will
serve the order on the TSP. Some providers require
certified copies, those must be obtained and delivered to
the Intelligence Unit.
a)
3.
Intelligence will advise requesting officer at time of
request if a certified copy of the order is needed.
3)
Notify the requesting officer in advance if the company
involved may require personal service. The requesting
officer is responsible to serve personal service orders.
4)
When the records are available, the Intelligence Unit will
contact the requesting officer to arrange for pick up.
Use of Pen Register/Dialed Number Recorder (DNR) or Trap and
Trace (T&T)
NOTE: The investigating unit must maintain daily contact with the
Intelligence Unit for the duration of the DNR or T&T surveillance. This
daily contact is critical to the success of the DNR and T&T
surveillance.
New 05/06/03
3
12.809
a.
Direct requests for DNR and T&T surveillance to the Intelligence
Unit Commander. The Intelligence Unit Commander will review
the request and obtain the Criminal Investigations Section (CIS)
Commander and Investigations Bureau Commander’s approval.
The requesting officer must supply his name, rank, unit of
assignment, and unit supervisor approving the expenditure of
funds for the service.
1)
In the absence of the Intelligence Unit Commander, the
CIS Commander, Investigations Bureau Commander or
Police Chief will approve or deny the request.
b.
Subscriber information for target phone(s) will be verified using a
Hamilton County Common Pleas Court Order.
c.
An investigator from the requesting unit will be the affiant on all
orders. The Intelligence Unit Commander or his designee will
assist in drafting the Application and Entry.
1)
d.
The Application and Entry will then be presented (for
review and approval) to the Criminal Judge of the Court of
Common Pleas. Once the order is signed, it will be hand
carried to the Intelligence Unit Commander or his designee.
NO EQUIPMENT will be installed or TSP ASSISTANCE
provided until the Intelligence Unit Commander has the
court order in hand.
The Intelligence Unit Commander or his designee will manage
and control any DNR equipment until it is either installed and/or
delivered to the telephone service provider’s security personnel
for installation.
1)
The Intelligence Unit Commander will keep the CIS
Commander and the Investigations Bureau Commander
informed at all times until the investigation is completed.
e.
The Intelligence Unit Commander or his designee will instruct the
affiant to hand deliver the Court Entry to the Hamilton County,
Common Pleas, Clerk of Courts Office for filing of the
documents.
f.
Upon completion of the investigation, all computer records, hard
copies of reports, a copy of the Application and Court Entry and
any other records associated with the DNR investigation will be
maintained and stored under the Intelligence Unit Commander’s
direction.
g.
Upon completion of the investigation using the T&T, all computer
records, hard copies of reports, a copy of the Application and
Court Entry, and any other records associated with the T&T
investigation will be strictly maintained, and properly stored
under the Intelligence Unit Commander’s direction.
New 05/06/03
4
12.809
h.
4.
Upon completion of the investigation, the Intelligence Unit will
complete a Form 630 and route it to Fiscal and Budget Section.
Use of Call Termination Studies from Cincinnati Bell
NOTE: Originating and Terminating Call Records for non-billable calls
are not routinely kept in the TSP day-to-day records. The TSP is
required to have an employee to program the Central Office (CO)
switch to generate the call records in response to a court order. The
TSP is authorized to bill for such assistance pursuant to ORC
2933.77.
a.
Request for Call Termination Studies will be directed to the
Intelligence Unit Commander. The Intelligence Unit Commander
will review the request and approve or deny the request. The
requesting officer must supply name, rank, unit of assignment,
name of his/her unit supervisor approving the expenditure of
funds for the service.
1)
In the absence of the Intelligence Unit Commander, the
Criminal Investigations Section Commander, the Bureau
Commander or the Police Chief will approve or deny the
request.
b.
Subscriber information for the target phone(s) will be verified
using a Common Pleas Court Order, or an Authorized Consent
Form signed by the telephone subscriber.
c.
An investigator from the requesting unit will be the affiant on all
orders. Intelligence Unit Commander or his/her designee will
assist in drafting the Application and Entry. Documents will be
reviewed for accuracy.
d.
Upon completion of the investigation, all computer records, hard
copies of reports, a copy of the application and court entry, and
any other records associated with the investigation will be
maintained and stored under the Intelligence Unit Commander’s
direction.
e.
Upon completion of the investigation, the Intelligence Unit will
complete a Form 630 and route it to Fiscal and Budget Section.
New 05/06/03
5
12.810
12.810 SUBPOENAS
Purpose:
Set a uniform procedure throughout the Department for handling subpoenas.
Procedure:
A.
Receiving Subpoenas:
1.
Officers picking up subpoenas at the Prosecutor's Office will:
a.
Immediately hand deliver subpoenas to supervisor.
1)
If the person who normally handles subpoenas for the unit
is not available, the supervisor will remove subpoenas for
the next court day, enter them in the Subpoena Book, and
direct an officer to serve them.
a)
B.
Recording Subpoenas:
1.
2.
C.
The supervisor will collect the subpoenas at the end
of the shift and make the necessary entries in the
Subpoena Book.
Enter subpoenas not for Department employees in the unit Subpoena
Book. Subpoena Books contain the following information:
a.
Date/time received
b.
Name and address of subject subpoenaed
c.
Courtroom
d.
Returnable date
e.
Name of serving officer
f.
Disposition: date/time and method of service (on person,
residence, etc.) or reason for failure to serve
Enter subpoenas for Department employees in the Court Notify Book.
Serving Subpoenas:
1.
Serve subpoenas immediately.
a.
Serve the subpoena at least 48 hours before the court date.
Rev. 12/30/08, Replaces 5/00
1
12.810
2.
D.
The courts prefer personal service. "Served on Residence" is
acceptable when:
a.
The serving officer determines the subject lives at the address.
b.
The reason for the service is on the duplicate subpoena, e.g.,
"Not home March 30, 1993, 1000 hours. Left under door."
3.
The serving officer will complete the reverse side of the duplicate
subpoena (yellow copy), listing the service information in the space
provided, and return directly to the Clerk of Courts via
interdepartmental mail no later than 24 hours after the subpoena has
been served.
4.
If the serving officer is unable to locate the witness, and unable to
make service, the above procedure will be followed. In addition, the
original subpoena (white copy) will be sent directly via
interdepartmental mail to the agency that typed the subpoena, e.g.,
City Prosecutor's Office, etc.
5.
Officers will record the following information:
a.
Date and time service was executed/attempted.
b.
Name of officer(s) executing/attempting service.
c.
Name of person on whom legal process was served/executed.
d.
Method of service or reason for nonservice.
e.
Address of service/attempt.
Serving Subpoenas on Citizens:
1.
Serve criminal and traffic court subpoenas for persons living or
employed within the Cincinnati corporate limits.
a.
E.
The Hamilton County Municipal Court Bailiff's Office serves
subpoenas in the Hamilton County area outside the Cincinnati
limits.
Reluctant Witnesses:
1.
The Hamilton County Prosecutor's Office forwards the subpoena to
the arresting officer when the Arrest and Investigation Report (Form
527) and the Grand Jury praecipe show a witness is a "Reluctant
Witness."
a.
The arresting officer will serve the subpoena "On Person." Do
not serve on the witness' residence.
Rev. 12/30/08, Replaces 5/00
2
12.810
F.
Serving Subpoenas on Suspended Department Employees:
1.
If the suspension is more than seven days, the employee's supervisor
must submit a Form 17 stating the effective dates of the suspension
to the Court Control Unit.
a.
A supervisor will serve the subpoena on the employee at home.
1)
b.
2.
Get help in serving the subpoena from the suspended
employee's resident district or the district closest to the
residence.
The Department will not compensate for these appearances.
If the suspension is for seven days or less, the employee's supervisor
must forward a completed Change in Court Appearance (Form 678) to
the Court Control Unit for each subpoena the employee receives.
The Court Control Unit will request a continuance until the employee
returns to duty.
Rev. 12/30/08, Replaces 5/00
3
12.815
12.815 COURT APPEARANCES, JURY DUTY, AND OTHER
HEARINGS
Reference:
Procedure 12.555 - Arrest/Citation: Processing of Adult Misdemeanor and
Felony Offenders
Procedure 12.810 - Subpoenas
Procedure 12.816 - On-Call Court Appearance
Procedure 12.817 - Court Management System (CMS)
Procedure 12.820 - Compensation for Court Attendance, Hearings and Other
Administrative Recalls
Procedure 12.825 - Compensatory Time and Paid Overtime
Procedure 13.100 - Field Training Officer Program
Procedure 19.105 – Sick/Injured With Pay and Special Leaves
Manual of Rules and Regulations and Disciplinary Process
Fraternal Order of Police/City Labor Agreement
Department of Human Resources, Personnel Policies and Procedures
Ohio Rules and Regulations – Article 69
Purpose:
Ensure compliance by employees with Department procedure and directives of
the courts, including jury duty.
Keep court time to a minimum while maintaining current conviction rates and
avoiding civil liability suits.
Provide specific instructions for completing and processing the following:
- Recording vacation and compensatory time scheduling
- Form 678, Change in Court Appearance through Employee Tracking Solution
- Form 674, Case Delay Request Card
- Request for dismissal of charges in court
- Employees failing to appear in court
Policy:
Employees will appear for scheduled court cases in a timely and professional
manner and will be well prepared to present cases and testimony to the courts.
Rev. 02/24/09, Replaces 02/26/08
1
12.815
Officers who are injured with pay or in any off duty sick status are not permitted
to work outside employment details. This includes officers who cannot report for
court because they are sick or injured. Officers must call on the track and
physically report for their tour of duty before becoming eligible to work an outside
employment detail.
Information:
Appearance in court as necessary is a job requirement of the Cincinnati Police
Department. The court’s schedule does not coincide with the shifts worked by
many Department personnel, thus requiring personnel to appear in court during
hours other than their normal working hours. Contractual and procedural
provisions provide compensation for officers appearing in court when not on
duty. The ramifications of not appearing in court when notified can be severe,
not only in the loss of cases, but in increased civil liability for the Department as
well as the officer. Additionally, personnel are subject to disciplinary action if they
fail to appear as notified or fail to comply with the provisions of this procedure.
Procedure:
A.
Court Control Unit
1.
Employees responding for testimony in Grand Jury, Juvenile Court,
Common Pleas, or any Municipal Court will first respond to the Court
Control Unit, Room 147, Hamilton County Courthouse.
a.
Office hours are Monday through Friday from 0730 to 1530
hours.
1)
b.
When trials extend beyond 1530 hours, employees will
have the respective prosecutor mark and sign a Form 68P,
Overtime and Court Appearance Report, with the time
released from court. Employees will deposit their Form
68P in the locked mailbox located outside the Court Control
Unit door.
Department employees will be properly groomed and dressed,
including authorized firearm, badge, and ID card. Department
employees will wear either the uniform of the day (for their
respective unit) or acceptable business attire of conservative
color and design.
1)
Male employees in conservative business attire will wear a
suit or sport coat with dress trousers, shirt, tie, and dress
shoes. Earrings are not allowed.
2)
Female employees in conservative business attire will wear
a business style dress, slacks, or suit and dress shoes.
Moderate use of makeup is acceptable.
Rev. 02/24/09, Replaces 02/26/08
2
12.815
3)
Clothing made of denim material is not acceptable.
4)
Mountain bike officers attending court while off-duty will
wear the uniform of the day or conservative business attire.
a)
2.
The mountain bike uniform may be worn to court only
when the officer is on-duty and riding the mountain
bike that day.
Reporting to the Court Control Unit
a.
Sign the log-in sheet provided by the Court Control Unit and
advise of the case and courtroom.
1)
b.
Employees will receive compensation (up to 1/2 hour) on a Form
68P for checking in at the Court Control Unit before responding
to court.
1)
c.
d.
Indicate on the log-in sheet if the case is an outside
employment case.
Allow enough time to permit the log in process and travel
time to the courtroom before the scheduled hearing time.
The Court Control Unit will:
1)
Add the name of employees properly notified, case
number, room number, and time of the court appearance to
the Court Control Unit's daily automated court docket, if not
listed.
2)
Issue a time stamped Form 68P to the Department
employee.
a)
A Form 68P will not be issued to employees not
notified to appear.
b)
Employees will complete the "Time in court" block on
the Form 68P. This block will reflect the "Time Stamp
In" and "Time Stamp Out" information.
Outside employment cases
1)
Compensation for court appearances arising from arrests
and citations occurring while working an outside
employment detail is the responsibility of the outside
employer.
Rev. 02/24/09, Replaces 02/26/08
3
12.815
2)
Officers on duty at the time of a scheduled hearing:
a)
Issue, process, and route a Form 68P as described in
this procedure. The Form 68P issued by the Court
Control Unit will be stamped "Outside Employment
Case". The officer may submit a copy of this Form
68P to the outside employer for compensation.
1]
3)
a]
The employee must submit a Form 25S,
Application for Leave of Absence, for
vacation or compensatory time to cover
this period.
b]
The district/section/unit commander will
attach the Form 25S to the Form 68P
before processing by the unit time clerk.
Officers off duty at the time of a scheduled hearing and
notified through the Department to appear in court on
outside employment cases must respond to the Court
Control Unit.
a)
e.
The district/section/unit commander will use the
Form 68P to determine the time spent by an
employee in the disposal of a case.
The Court Control Unit will issue a Form 68P stamped
"Outside Employment Case". The officer may submit
a copy of this Form 68P to his outside employer for
compensation.
Multiple Common Pleas Court appearances
1)
When an employee attends Common Pleas Court and the
trial lasts more than one day, the employee will keep the
subpoena until excused by the court.
2)
The employee will sign in each day at the Court Control
Unit and prepare a separate Form 68P for each day's
attendance.
a)
3)
The prosecutor will note the time excused on the
Form 68P.
The Court Control Unit submits all Forms 68P to the unit of
assignment.
Rev. 02/24/09, Replaces 02/26/08
4
12.815
f.
Defense appearances
1)
g.
3.
Employees who appear in court or produce documents on
behalf of the defense, either voluntarily, or in response to a
subpoena, must immediately submit a Form 17 via the
chain of command to Planning Section notifying the Police
Department of the appearance.
a)
Include in the Form 17 a brief summary of the
expected testimony or the document requested.
b)
Attach a copy of the subpoena.
c)
For cases in Common Pleas Court, fax the Form 17
and subpoena to the Hamilton County Prosecutor’s
Office at 946-3105.
d)
For all other cases fax the Form 17 and subpoena to
the Solicitor’s Office at 352-1515.
2)
Planning Section will maintain a copy of the Form 17 and
subpoena.
3)
Employees must sign in at the Court Control Unit and
advise they are appearing for the defense. The Court
Control Unit will add the employee's name, case number,
room, and time on the daily automated court docket.
4)
The Department will compensate employees who receive a
subpoena from the defense for court appearances resulting
from their duties as a police officer in the same manner as
a normal court appearance.
Court appearances resulting from off-duty arrests
1)
The officer must sign in at the Court Control Unit.
2)
The Department will compensate officers for court
appearances resulting from enforcement action taken as a
police officer while off duty and not working police related
outside employment.
Endorsement of Form 68P by prosecutor or grand jury foreman
a.
Before the case is called in the courtroom, the employee will
complete all the case and employee information on the Form
68P.
b.
Upon completion of the employee's appearance and release by
the prosecutor, the employee will present the prosecutor with the
completed Form 68P.
Rev. 02/24/09, Replaces 02/26/08
5
12.815
1)
c.
4.
5.
The prosecutor will sign the Form 68P and enter the time
next to his signature.
The employee will immediately hand-deliver the completed form
back to the Court Control Unit.
Officers will get a subpoena from the prosecutor in Grand Jury and
Common Pleas. Take the subpoena to the Common Pleas Clerk of
Court's Office, Room 315, Hamilton County Courthouse. Each officer
will hand-deliver it to the clerk located at the Criminal Desk.
a.
The Juvenile Court prosecutor will issue a subpoena from
Juvenile Court. Take the subpoena to the Juvenile Court Clerk's
Office, first floor, 800 Broadway, and deposit it in the basket on
the front counter.
b.
Officers will not need to wait for a check except for outside
employment arrests where officers want to keep the check.
c.
Court Control Unit personnel will respond to the Clerk's Office
each business day and receive one voucher for all court
appearances for the previous court day.
Final processing at the Court Control Unit:
a.
When employees return the completed Form 68P, the Court
Control Unit will:
1)
Inspect the Form 68P for accuracy.
2)
Time stamp the Form 68P.
a)
Question unreasonable lapses between the time the
prosecutor signed the Form 68P and the arrival of the
employee at the Court Control Unit.
1]
Document and submit to the district/section/unit
commander any unreasonable lapses that would
result in additional compensatory time.
3)
Make the proper entry on the log-in sheet showing the
employee completed the court process.
4)
Stamp in green "For Pay - Grand Jury Court Appearance",
"For Pay - Common Pleas Court Appearance", or "For Pay
- Juvenile Court Appearance". This will notify
district/section/unit timekeepers the appearance is a paid
appearance.
5)
Stamp in red "Outside Employment Arrest" on any off-duty
appearances arising from outside employment arrests.
Rev. 02/24/09, Replaces 02/26/08
6
12.815
b.
6)
Ensure officers appearing on duty have "ON DUTY" noted
in the "Court time for time" block.
7)
Keep the Form 68P for processing to the employee's unit.
Employees unable to check out because the Court Control Unit
is closed will deposit their Form 68P in the locked mailbox
located outside the Court Control Unit door.
1)
6.
Police personnel subpoenaed to court or board hearings at a location
in Hamilton County other than the Hamilton County Courthouse,
Hamilton County Justice Center, or the Hamilton County Juvenile
Court, including but not limited to, United States Federal Court
appearances in Cincinnati, Ohio, and Covington, Kentucky.
a.
Appear at the location listed on the subpoena at the scheduled
time.
b.
Complete a Form 68P.
1)
c.
d.
Have the person in charge of the hearing (prosecutor,
probation officer, officer of the court, etc.) sign the Form
68P on the line titled "Verified by:" and fill in the space
titled "Time in court".
Obtain the check issued by the agency for compensation of the
appearance.
1)
7.
The Court Control Unit will make a copy of the Form 68P
and mail the original to the employee's unit.
Endorse the check and write “For Deposit Only" on the rear
of the check.
Turn the Form 68P and check into the unit timekeeper for
processing and forwarding to the Finance Management Section.
The Court Control Unit will review each day's activities and submit a
monthly report to the Inspections Section Commander listing the
following:
a.
Number of employees notified to appear in court.
b.
Number of employees excused from court through the Change
in Court Appearance process.
c.
Any employee who didn't properly appear as notified, including
absences and tardiness.
Rev. 02/24/09, Replaces 02/26/08
7
12.815
d.
Any employee who responded to court without being notified
through the normal notification process.
e.
Any employee who responded to court whose attire or
appearance was inappropriate.
1)
f.
Any other notable occurrences, violations, or incidents.
1)
8.
B.
In addition to the monthly report, this will be reported as it
occurs.
In addition to the monthly report, these will be reported as
they occur.
See Procedure 12.825 concerning processing Forms 68P at the
district/section/unit level.
Change in Court Appearance
1.
2.
Requests for continuances
a.
The Department will consider requests for continuances in
instances involving emergencies, illness, injury, or where cases
are scheduled on days previously entered into the CMS i.e.,
scheduled vacation, off day, training day, etc.
b.
The Change in Court Appearance request will be completed
within 72 hours of the officer receiving the notify, when possible.
Employee unable to appear in court
a.
Employees who cannot attend court because of unforeseen
circumstances or emergencies occurring on the scheduled court
date will immediately notify a supervisor.
1)
The supervisor will review the circumstances with the
officer.
2)
The supervisor will immediately complete a Change in
Court Appearance request through ETS if the criteria for
excusing the officer from court are met as set forth in
Section C.1. Indicate the new primary officer who will be
attending court if possible. If not, request a new court date
and indicate when the officer will return to work.
a)
Immediately work-flow the Change in Court
Appearance request to the Court Control Unit.
b)
For same day or next day court appearances, call the
Court Control Unit before 0800 hours and notify them
of the Change in Court Appearance request sent via
ETS.
Rev. 02/24/09, Replaces 02/26/08
8
12.815
1]
3)
3.
a.
When the primary officer notified for court cannot appear, a unit
supervisor will, if possible, notify an alternate officer competent
to testify to appear.
b.
The supervisor will complete a Change in Court Appearance
request in ETS showing the change in primary officer and
reason for the change.
The supervisor will work-flow the request through ETS to
the Court Control Unit.
Training does not take priority over a scheduled court case.
Certification training or State mandated training such as CPR, OVI,
annual firearms qualification, canine, and mounted training are the
only exceptions.
a.
5.
The Court Control Unit will forward the Change in Court
Appearance information to the court where the officer is
scheduled to appear.
Change in primary officer
1)
4.
Phone notifies made before or after office hours
will be left on the Court Control Unit voice mail.
If time permits, the preferred method for handling conflicts
between court and training is to reschedule the training or, if
possible, trade training dates with another officer.
Officer not needed for court
a.
Before a supervisor completes a Change in Court Appearance
request, officers will:
1)
Make personal contact with the appropriate prosecutor to
confirm they are not needed for court.
2)
Include the name of the prosecutor authorizing the Change
in Court Appearance.
a)
If the officer cannot make personal contact with the
prosecutor, the Change in Court Appearance will not
be submitted to the Court Control Unit and the officer
will respond to court as notified.
Rev. 02/24/09, Replaces 02/26/08
9
12.815
6.
7.
8.
C.
Officer suspension
a.
If an officer is suspended seven days or less, the
district/section/unit commander will immediately forward the
Change in Court Appearance request to the Court Control Unit,
via ETS, for each court notify the officer receives while under
suspension. The Court Control Unit will then request a
continuance until the officer returns to duty (refer to Procedure
12.810).
b.
If an officer is suspended more than seven days, the
district/section/unit commander will initiate a Form 17 advising
the Court Control Unit of the suspension dates. This form will
request future court dates for the suspended officer be handled
by subpoena.
The Court Control Unit will determine if the request is in compliance
with this procedure if it is received before the scheduled court
appearance.
a.
The Court Control Unit will forward the Change in Court
Appearance request to the Hamilton County Prosecutor or
Municipal Court Prosecutor requesting a change in officer
needed for court.
b.
If the request does not meet Department guidelines for change
in court appearance, the Court Control Unit will reject the
request through ETS, outlining in the notes of the message the
reason for rejection. The supervisor will insure the officer is
notified of the rejection. The officer will attend court as
scheduled.
c.
In cases with multiple officers, cases will not be reset for any
officer other than the one who signs the complaint.
d.
In all cases, district/section/unit supervisors will be held
accountable for any Change in Court Appearance request
determined by the Court Control Unit as not meeting Department
guidelines.
If ETS is down, all Change in Court Appearance requests will be sent
via fax. The Form 678, Change in Court Appearance, will be used in
these instances.
Completing a Form 674, Case Delay Request
1.
If more than one case is scheduled on the same day and at conflicting
times, complete a Form 674. The Court Control Unit provides this
form for all officers in court who have cases in other courtrooms.
a.
Upon completion, give the Form 674 to the prosecutor in the
room where the case will be held.
Rev. 02/24/09, Replaces 02/26/08
10
12.815
D.
Request for Dismissal of Charges in Court
1.
E.
F.
Officers who believe it is necessary to request dismissal of a charge
or to otherwise intervene in the disposition of any case before the
court will submit a request through channels to their bureau
commander stating the reason(s).
a.
Officers are not to proceed in requesting a dismissal or to
intervene in a court case unless permission has been granted.
b.
After the bureau commander's approval, the officer will consult
with the appropriate prosecutor's office before approaching the
court for the stated purpose. The officer will, at the time of
consultation, present to the prosecutor a copy of the bureau
commander's approved request.
Notification for Deposition Hearings
1.
The Solicitor’s Office notifies Planning Section when an officer is
required to respond to a deposition hearing. Planning Section is
responsible for notifying a supervisor in the district/section/unit where
the officer is assigned.
2.
The district/section/unit supervisor will enter the notification in the
blotter and will notify the officer to appear for the deposition hearing.
a.
Notification must be confirmed. Leaving a message on an
answering machine, fax, voicemail or pager is not considered
confirmed notification.
b.
The blotter entry must be signed out by the supervisor making
the notification or by the officer.
3.
The notifying supervisor will send a confirmation message to the
Planning Section mailbox by email upon notification of the officer.
(Planningsection@cincinnati-oh.gov).
4.
Planning Section will notify the Solicitor’s Office and will complete and
file all pertinent paperwork.
Other Hearings
1.
A Department member requested or subpoenaed to appear by
anyone other than the City at an arbitration hearing related to
discipline or a civil court personnel related action filed against the City:
a.
Will immediately notify the Internal Investigations Section.
b.
Will not appear in uniform except when pre-approved by a
bureau commander, but will dress in conservative business
attire.
Rev. 02/24/09, Replaces 02/26/08
11
12.815
c.
2.
3.
G.
Will not interpret matters of policy as only the Police Chief sets
policy for the Department.
Department members appearing in court on personal matters, civil or
criminal, will not appear in uniform.
a.
Any officer entering the courthouse or 800 Broadway when not
engaged in official business, must pass through the metal
detectors. Any officer carrying a firearm and not on official
business must have the firearm secured and under control of the
sheriff. No exceptions to this order are permitted. Lock boxes at
the Courthouse are located at the rear basement door. Lock
boxes at 800 Broadway are located at the front door.
b.
Any officer encountering difficulties at a checkpoint, either at the
courthouse or 800 Broadway, will request a supervisor respond
to resolve the situation. Officers are not to challenge the deputy
sheriff on the above issues.
Citizen Complaint Authority (CCA) interviews
a.
Interviews will be scheduled in advance with input from the
officer’s supervisor regarding work schedule.
b.
Once a CCA interview is scheduled, the officer involved in the
interview will not be granted time off until the interview is
complete.
c.
If an officer fails to appear for a scheduled interview, the shift
Officer in Charge (OIC) will be contacted via radio by a Police
Communications Section (PCS) supervisor. The PCS supervisor
will provide the OIC with the name of the CCA investigator. The
OIC will directly contact the CCA investigator regarding the
failure to appear.
Supervisory Responsibilities When Personnel Fail to Appear (FTA) or are
Tardy for Scheduled Court Appearances
1.
Upon receipt of an ETS memo reference a FTA or tardy court
appearance involving personnel, a supervisor will:
a.
Conduct an investigation of the incident.
b.
Complete and forward an FTA/Tardy Form through ETS
detailing the results of the investigation.
1)
Refer to Manual of Rules and Regulations Sections 3.04
and 15 Disciplinary Table.
Rev. 02/24/09, Replaces 02/26/08
12
12.815
H.
Employees Notified for Jury Duty
1.
Upon receiving a jury duty summons, employees will immediately
notify their supervisor. Employees cannot request exemption from
jury duty.
2.
Employees assigned to first shift group 8 will be detailed to jury duty.
a.
3.
Employees detailed to first shift for jury duty service will be carried as
JUR-Jury Duty in the Time Book.
a.
4.
Employees working any other shift or off day group wishing to be
detailed to jury duty should submit a Form 440, Voluntary Shift
Deviation Form, and/or a Form 443, Off Day Deviation, to
accommodate jury duty.
The Department will excuse employees for time spent on jury
duty. While not actively serving on a jury, employees will be at
their unit of assignment.
Employees detailed to jury duty will sign and forward checks received
for jury duty to the unit timekeeper for verification. Officers attending
jury duty on their own time may keep checks received for jury duty.
a.
The unit timekeeper will forward the checks to Finance
Management Section.
Rev. 02/24/09, Replaces 02/26/08
13
12.816
12.816 ON-CALL COURT APPEARANCE
References:
Procedure 12.815 - Court Appearances, Other Hearings, and Correspondence to
Other City Departments
Procedure 12.820 - Compensation for Court Attendance and Hearings
Policy:
This procedure affects officers whose shifts begin between 0600 and 0900 hours
and who are scheduled to appear in Juvenile Court or Municipal Court, except
Room A and Room B. Officers will not respond to court until notified by Court
Control Unit. This procedure does not apply to first shift officers on regularly
scheduled off days, vacation days, or compensatory off days.
This procedure in no way limits the Department's ability to bypass the on-call
system. An officer may be present in court if a supervisor determines the
Department would benefit by the officer monitoring a particular case.
Procedure:
A.
Court Notifies
1.
Officers, whose shifts begin between 0600 and 0900 hours, receiving
a court notify for Juvenile Court or Municipal Court will notify their
supervisor immediately.
2.
The officer will complete a Form 663, On-Call Court Appearance,
when scheduled to appear in Juvenile Court or Municipal Court.
a.
Obtain the signature of a supervisor and make a copy of the
Form 663.
b.
Fax and mail the Form 663 to the Court Control Unit office.
c.
1)
Return the copy of the Form 663 along with the fax receipt
to a supervisor who will file the form by date. Forms 663
will be kept for 60 days past the court date.
2)
Forms 663 must be hand carried to Court Control Unit
when the case is the same day or next day.
The supervisor will mark the time book and lineup with an
asterisk, showing the officer is on call for court.
1)
3.
Advise the on-call officer that no time off will be granted
until final disposition of the court case.
Court Control Unit personnel will:
a.
Review the Form 663 for accuracy and completeness.
Rev. 07/19/05, Replaces 12/97
1
12.816
4.
b.
Mark the daily court docket sheet noting the officer is on call and
will not respond to the Court Control Unit office unless notified.
c.
File the Form 663 in a tickler file by court date for later
processing.
d.
Deliver the Form 663 for each affected Municipal courtroom or
Juvenile Court to the appropriate prosecutor before the start of
court each day.
The prosecutor in each courtroom will:
a.
Affix each Form 663 received to the appropriate case document.
The prosecutor will arrange the case to allow setting within 15
minutes from the start of court.
b.
Determine if the case requires the officer's testimony.
1)
If the officer's presence in court is necessary, the judge will
continue the case in progress and schedule it later on the
day's docket.
a)
The prosecutor will immediately notify the Court
Control Unit office to have the officer respond.
5.
The Court Control Unit office will contact Police Communications
Section and request the on-call officer respond to court immediately.
6.
The on-call officer will respond without delay to the Court Control Unit
office.
a.
The on-call officer should respond to court in less than 30
minutes.
1)
A supervisor must be notified if the officer will be delayed
for more than 30 minutes. The supervisor will notify the
Court Control Unit office supervisor that the officer is
responding and advise the approximate length of delay.
b.
The officer will respond to the assigned Municipal courtroom or
Juvenile Court and notify the prosecutor upon arrival.
c.
Upon completion of the court case, the officer will check out
through the Court Control Unit.
Rev. 07/19/05, Replaces 12/97
2
12.817
12.817 COURT MANAGEMENT SYSTEM (CMS)
References:
Procedure 12.815 - Court Appearances, Other Hearings, and Correspondence to
Other City Departments
Procedure 13.115 - Outside Training Programs/College Attendance
Procedure 16.125 - Travel on City Business
Procedure 19.105 – Sick/Injured With Pay and Special Leaves
Procedure 19.135 – Annual Vacation Policy
Information:
The CMS was developed to coordinate the scheduling of court appearances with
the work schedules of police employees to eliminate conflicts and reduce court
misses.
Information Technology Management System is the liaison with the Hamilton
County Court Administrators Office for issues related to the technical operation
of the Court Management System.
Personnel Section is responsible for the maintenance of personnel employment
and assignment status in the Court Management System and serves as the
Department’s liaison for administrative purposes.
Procedure:
A.
B.
Personnel Section will:
1.
Enter the off day group schedule for the following year into the CMS
prior to the end of the current year
2.
Maintain and review the accuracy of all personnel assignments in the
CMS. Make any changes to annual off day group schedules,
published transfers, retirements, resignations, new employees
dismissals, and changes in shift assignments or off day groups.
District/Section/Unit Commanders or their designee will:
1.
Verify personnel assignments in the CMS and provide timely
notification to the Personnel Section Commander of the changes in
assignment or off day group.
2.
Enter all training, sick leave, FMLA leave, IWP, scheduled vacation,
approved time off or any other type of leave.
3.
Verify the CMS was reviewed for scheduled Court prior to final
approval of requested time off.
New 02/26/08
1
12.817
C.
Supervisors Will:
1.
Review the CMS prior to approval of time off.
2. Enter all approved Time Off, SWP, or Mandatory Training into the
CMS.
D.
Police Officers/Specialist Will:
1. Prior to submitting a 25s for time off, check the CMS for scheduled
court. Indicate this was done by writing “CMS Reviewed” in the
narrative portion of the 25s.
New 02/26/08
2
12.825
12.825 COMPENSATORY TIME AND PAID OVERTIME
Reference:
Cincinnati Municipal Code (CMC) - Chapter 308 - Employment Regulations
FOP/City Labor Agreement - Sections 2, 8, 12, & 25
AFSCME/City Labor Agreement - Articles 14 and 15
CODE/City Labor Agreement – Article 15
City of Cincinnati Overtime Policy
Procedure 12.815 - Court Appearances, Jury Duty, and Other Hearings
Procedure 12.820 - Compensation for Court Attendance, Hearings and Other
Administrative Recalls
Procedure 12.826 - Processing Payroll/Timekeeping
Payroll Storage System Users Manual
Definitions:
Increment Overtime – Overtime request for pay or time for activities that are
relative to routine Departmental operations. Routine activities which meet one of
the criteria for Contingency Overtime will be classified as Contingency Overtime.
Contingency Overtime – Overtime request for pay or time submitted and
approved in advance. Contingency Overtime will be either non-routine,
specifically funded (such as council mandated PVO), or project activities (such
as special investigations or sweep operations). All overtime pertaining to a
SWAT operation/incident will be classified as Contingency.
Reimbursable Overtime – Contingency overtime that requires payment from an
outside source, i.e., Enterprise Services, grant monies, Ohio Department of
Transportation, etc.
Purpose:
Establish a procedure for administering, documenting, and processing records
concerning compensatory time.
Ensure compliance with the Fair Labor Standards Act (FLSA) for non-exempt
sworn and non-exempt non-sworn employees, as mandated by federal statute.
Policy:
Court, Off/Dead, Increment, and Contingency are the only categories that are
acceptable for the submission of paid overtime. Contingency overtime may only
be used if it has been pre-approved by the Police Chief or is allocated in the
current budget.
Rev. 02/24/09, Replaces 06/20/06
1
12.825
Avoid overtime whenever possible. All personnel will strive to reduce overtime
hours worked.
Supervisors will consider the use of on-duty personnel or will adjust the
employee’s hours rather than scheduling overtime, if contractually permissible.
Pertinent provisions of the contract dealing with shift separation and shift
changes must also be considered.
A supervisor will pre-approve all scheduled, unscheduled, emergency, and nonemergency overtime.
Police Department personnel, both sworn and non-sworn, who work more than
eight hours in one day or more than forty hours in one week (seven day period)
will be compensated according to contract or memorandum of agreement.
All compensatory time will be recorded as directed in this procedure. Unrecorded
time is strictly prohibited.
Department personnel will be compensated for holidays according to current
Fraternal Order of Police (FOP), American Federation of State, County, and
Municipal Employees (AFSCME), and Cincinnati Organized and Dedicated
Employees (CODE) contracts, and CMC Section 308-9. Sworn personnel
receive 120 hours compensatory time on January 1 each year instead of holiday
pay. Holidays are treated as any other day.
Annually, each sworn member will have up to three compensatory hours
deducted from their time and deposited in the FOP donated time bank. The
amount of time deducted is at the discretion of the FOP President.
Personnel will be compensated only for increment overtime previously authorized
by their supervisor, except in extreme emergencies.
Information:
FLSA exempt sworn employees include sergeants, lieutenants, captains, assistant
chiefs, and the Police Chief. FLSA non-exempt sworn employees include police
officers and specialists. FLSA non-exempt sworn employees are capped after
accumulating 480 FLSA compensatory hours. This does not include the 120 hour
annual holiday allowance. When the 480 hour cap is reached, all additional
overtime, including compensatory time, is compensated by cash payment. The
480 hour cap is revolving. It does not end except when employment is terminated.
All comp-time eligible, non-sworn employees, whether FLSA exempt or nonexempt, are capped after accumulating 80 FLSA compensatory hours.
Rev. 02/24/09, Replaces 06/20/06
2
12.825
Conditions may exist which require an employee to perform a work related
function outside of the normally established business hours of that employee. If
this occurs, all CODE, Division 0 (non-CODE), and Division 8 employees may
adjust their schedules to use these hours as time off within the same pay period.
Supervisors will make every effort to ensure flex time is used in the same pay
period it is earned. If circumstances do not permit the eligible employee to use
the time within the same pay period, the employee may accrue flex time at a
straight rate. Flex time may only be accrued past the pay period with the prior
approval of the employee’s supervisor. Only non-overtime eligible CODE,
Division 0 (non-CODE), and Division 8 employees may accrue flex time.
Absent extenuating circumstances, the supervisor will require the employee to
use any accrued flex time within the next pay period. When this is not possible,
a plan should be established to use accrued flex time as soon as possible.
Unused flex time may not be carried longer than 6 months.
Employees who accrue flex time will submit a Form 202F, Flex Time
Accrual/Usage of Flex Time, signed by a supervisor, to Finance Management
Section via the chain of command. A copy of the Form 202F will accompany the
nd
Form 202C, Weekly Time Report, submitted at the end of the 2 week of the
pay period. A Form 202F is not required if the overtime hours are used within
the same pay period.
Flex time will not be used as a way to allow employees to accumulate time for
future use. Additionally, flex time will have no cash value under any
circumstances.
All non-sworn employees will complete a Form 202C. Employees whose
working hours are listed on a daily line-up are not required to complete a Form
202C unless they are eligible for flex time.
Procedure:
A.
Overtime Compensation
1.
Personnel working overtime will complete and submit a Form 68P,
Overtime and Court Appearance Report, by the end of the next
working day. Authorization must be given prior to working the
overtime.
a.
Check “Time” or “Pay” on the Form 68P.
b.
In cases of increment overtime, the supervisor authorizing the
overtime will sign the Form 68P in the “Overtime pre-approved
by” block. At the time of authorization, if the authorizing
Rev. 02/24/09, Replaces 06/20/06
3
12.825
supervisor is physically unable to sign the Form 68P,
authorization must be given in one of the following ways:
1)
Via MDC from the supervisor to the officer.
2)
Via radio if the officer has no access to an MDC.
3)
Via phone only when there is no immediate access to an
MDC or radio.
a)
If authorization is obtained by phone, the authorizing
supervisor must sign the Form 68P in the “Overtime
pre-approved by” block prior to submission.
c.
In cases of contingency or reimbursable overtime, such as
details assigned by Detail Coordination Unit (DCU), preplanned
City paid details, SWAT incidents, etc., no signature is required.
However, the name of the unit, i.e., DCU, or the supervisor
authorizing the overtime will be entered in the “Overtime preapproved by” block.
d.
List scheduled duty hours in the “Duty hours” block. The
overtime hours are listed in the “Overtime hours” block.
e.
In the “Reason” block describe the activity requiring the
overtime.
f.
A supervisor will sign the “Verified by” line on the Form 68P after
verifying the overtime worked and the accuracy and
completeness of the form.
2.
Report “Recall” as defined in the FOP and AFSCME labor
agreements.
3.
If overtime is contingency overtime, a Form 17, Request for Paid
Overtime, must be previously approved.
4.
The unit timekeeper will enter the overtime hours worked as outlined
in the Payroll Storage System Users Manual.
a.
5.
File the Form 68P in the employee’s individual time folder along
with all Form 25S, Request for Leave of Absence.
The district/section/unit commander will review and approve all Forms
68P.
Rev. 02/24/09, Replaces 06/20/06
4
12.825
B.
Form 435, Payroll Overtime Report
1.
Each district/section/unit commander will review all usage of overtime
as recorded on the Form 435 and note his approval in the space
provided.
2.
The original Form 435 will be forwarded to Finance Management
Section.
a.
Post a copy on the unit bulletin board for employee review.
b.
Maintain a copy in the unit file.
3.
Document “Recall” hours on a separate Form 435.
4.
Other classes of paid overtime listed on a separate Form 435 include,
but are not limited to:
a.
Overtime, Emergency - state the specific reason.
b.
Overtime, Interdepartmental Billing - details worked for other city
departments.
c.
Overtime, Position Vacancy.
Note:
C.
A Form 17 Request for Paid Overtime is required, if applicable.
Other Overtime
1.
Court appearance compensation - refer to Procedures 12.815 and
12.820.
2.
Holiday time
a.
Compensate non-sworn employees who work on a holiday for
pay at double their hourly rate in addition to the eight hours pay
ordinarily received when working a non-holiday.
1)
Submit a Form 68P showing the scheduled duty hours in
the "Duty hours" and "Overtime hours" blocks. The
timekeeper will fill in the "Overtime for pay" block showing
the hours earned. Note "Worked Holiday" (specifying
which holiday) in the "Reason" block.
Rev. 02/24/09, Replaces 06/20/06
5
12.825
D.
3.
All sworn members of the Department will receive any additional time
declared for each special holiday throughout the year. The authority
to grant a special holiday rests with the City Manager.
4.
Flex time accrual/usage
a.
Employees accruing and/or using flex time will complete a Form
202F and submit it to a supervisor for signature.
b.
A copy of the Form 202F (covering the entire pay period) will be
attached to the Form 202C submitted at the end of the 2nd week
of the pay period.
c.
The original Form 202F will be sent to Finance Management
Section, via the chain of command, for processing.
Transfer of Personnel
1.
Units transferring personnel in or out of a unit will ensure that all
Forms 25S and Forms 68P have been entered. The procedure
outlined in the Automated Comp-Time Program User’s Manual will
then be followed.
Rev. 02/24/09, Replaces 06/20/06
6
12.826
12.826 PROCESSING PAYROLL/TIMEKEEPING
Reference:
Cincinnati Municipal Code Chapter 308 - Employment Regulations
Procedure 12.815 - Court Appearance
Procedure 12.820 - Compensation for Court Attendance and Hearings
Procedure 12.825 - Compensatory Time and Paid Overtime
Procedure 16.130 - Non-sworn Employee's Daily Time Forms
Procedure 19.140 - Outside Employment
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Cincinnati Police Department Payroll Storage System User Manual (User Manual)
Purpose:
Provide guidelines to instruct personnel in the use of the Department's payroll
database storage system.
Facilitate the entry and tracking of payroll and compensatory time.
Administer and process compensatory time as outlined in Procedure 12.825,
Compensatory Time and Paid Overtime.
Policy:
Record all compensatory time earned and used as outlined in the User Manual.
Procedure:
A.
Security
1.
Information Technology Management Section (ITMS) is responsible
for the integrity and security of the payroll database storage system.
a.
ITMS will assign timekeepers a user login ID and a password to
access the payroll database.
1)
B.
A timekeeper’s password and login ID will be changed
when directed by district/section/unit commanders. ITMS
will make the change according to its standard operating
procedure (SOP).
Entering Data
1.
Timekeepers will enter data from approved Forms 25S, Application for
Leave of Absence, and Forms 68P, Overtime and Court Appearance
Report, into the payroll database storage system as directed by the
User Manual.
Rev. 02/24/09, Replaces 10/19/04
1
12.826
C.
Reports
1.
During the first pay period of each year, Personnel/Finance
Management Section will distribute a list of reporting periods and due
dates for completing the Payroll Attendance Report (PAR).
2.
For each reporting period, timekeepers will:
3.
a.
Prepare, in duplicate, a bi-weekly computerized PAR using the
payroll database storage system.
b.
Fax a copy of the PAR to Fiscal and Budget Section by 1600
hours on the Monday following the end of the payroll period.
c.
Send the original PAR to Fiscal and Budget Section.
d.
File a copy of the Payroll Attendance Report (PAR).
If the Monday following the end of the payroll period falls on a holiday,
the fax copy of the PAR is due to Personnel/Finance Management
Section no later than 1000 hours the following day.
a.
4.
Every reporting unit will complete and file a bi-weekly Form 435, Paid
Overtime Report, for increment overtime, court overtime, police
visibility overtime (PVO), recalls, and Special Weapons and Tactics
recalls.
a.
5.
District/section/unit commanders will review the Form 435 and
forward it to Personnel/Finance Management Section.
Detail Coordination Unit (DCU) is responsible for contingency
overtime details other than PVO and will complete a Form 435.
a.
D.
If an error is found once the PAR is submitted, prepare a Form
17 requesting a payroll correction.
Officers working a contingency overtime detail handled by DCU
will submit a Form 68P to their unit timekeeper for data entry and
fax a copy of the Form 68P to DCU.
Compensatory Time Balances
1.
Every reporting unit will prepare and file a bi-weekly Compensatory
Time Balances Report for each payroll period.
a.
Balance the unit’s Compensatory Time Balances Report with the
City’s Leave Balances Report.
1)
If the time sheets do not balance, prepare a Form 17 to
explain and correct any discrepancies.
Rev. 02/24/09, Replaces 10/19/04
2
12.826
2.
Post a copy of the City’s Leave Balances Report to be used as a
reference by supervisors and personnel when granting and requesting
time off.
a.
3.
Upon an individual’s transfer, the unit's timekeeper will print out
and file in the individual's payroll folder a current Compensatory
Time Balances Report.
Personnel/Finance Management Section is responsible for the
following reports
a.
Selling of compensatory/holiday time
1)
b.
Selling of sick time
1)
E.
Personnel selling compensatory or holiday time must
complete a Form 25S in addition to signing the computer
printed form listing the number of hours and specifying
either compensatory or holiday time.
Personnel selling sick time must sign a preprinted Form 17
authorizing the deduction of sick time.
c.
Shift differential hours reported in November for payment in
December.
d.
Surveillance Allowance Report sent in January
Backup of Data
1.
ITMS will backup payroll storage system data on a daily basis per its
SOP.
2.
ITMS will rotate payroll storage system data to an off site storage
facility on a weekly basis per its SOP.
Rev. 02/24/09, Replaces 10/19/04
3
12.830
12.830 DONATED TIME
Reference:
Labor Agreement: Queen City Lodge No. 69 Fraternal Order of Police and the
City of Cincinnati.
City of Cincinnati Personnel Policies and Procedures
Purpose:
To establishing a procedure for the management of donated time programs,
while providing relief to sworn and non-sworn employees seeking relief from
hardships resulting from medical conditions.
Policy:
The donor and the employee receiving the donated time need not work in the
same agency, nor be in the same classification (i.e., lieutenant to police officer,
police officer to clerk typist).
Procedure:
A.
Sworn Employees:
1.
2.
When it is brought to the attention of a unit commander that an
employee's sick time credit has been or is about to be exhausted. The
unit commander will investigate:
a.
The employee's present ailment.
b.
The prognosis of the city physician.
c.
The employee's record of sick time used in the past five years.
The unit commander will submit a Form 17 to the Police Chief,
through channels, noting:
a.
The details of the investigation.
1)
b.
3.
Include all accumulated sick time balance and usage
during the previous five year period.
Any recommendation the unit commander may have concerning
the employee's eligibility as a recipient of donated time.
Once the Police Chief approves an employee can receive donated
time, the Form 17 will be forward to the Safety Director for
consideration.
a.
Upon approval by the Safety Director, the Form 17 will be
forwarded to Planning Section:
Rev. 5/00, Replaces 3/00
1
12.830
1)
Planning Section will prepare a Staff Note item indicating
official approval of donated time.
a)
The Form 17 will be forwarded to Personnel Section.
1]
b.
4.
If the recommendation is disapproved, Police Personnel Section
will notify the employee making the request.
Sworn employees are eligible to receive voluntarily donated time from
Department employees (sworn and non-sworn), and employees from
other agencies in the city.
a.
5.
Each Department or city employee wishing to donate time will
follow Section B.4. of this procedure.
Any Department member wishing to voluntarily donate time for the
benefit of an approved recipient will:
a.
Submit an Application for Leave of Absence (Form 25-S) to his
unit commander.
1)
List the name and unit of the beneficiary, the kind of time
being donated (e.g., vacation, compensatory time, or
holiday time), and the number of hours being donated.
a)
2)
6.
Sick time may not be donated.
The donor's rank and signature must appear on the Form
25-S.
Unit timekeepers will forward the original Forms 25-S for all donated
time to the Fiscal and Budget Section.
a.
7.
Personnel Section will inform the Fraternal
Order of Police by telephone.
Keep a copy of the Form 25-S in the donating officer's time
folder.
As the donated time is credited to the recipient officer, Fiscal and
Budget Section will notify the donating member's and recipient's unit
commander.
a.
Fiscal and Budget Section will return the original Form 25-S to
the donating member's unit commander for processing purposes
and notify the recipient’s commander of the number of hours
donated.
NOTE:
Rev. 5/00, Replaces 3/00
Do not make a deduction from the donor's time
records until notified of use from the recipient
officer's unit commander.
2
12.830
b.
8.
B.
Recipient's unit commander will ensure the Time Information
Management System (TIMS) and Relief Line-Up (if applicable)
are marked with the DNT (donated time) symbol.
The unit commander of the eligible recipient officer will report monthly
to the Police Chief, via Form 17, the total number of hours credited to
the recipient officer so the credited time can be deducted from the
donated time balance.
a.
As such credits are applied (as time is used), the recipient's unit
commander will notify the donating member's unit.
b.
The unit's monthly Form 17 report must reflect the recipient's
name, unit of assignment, type of time, and date the time is to
be used.
c.
In no case will donated time be employed to extend an
employee's period of active duty beyond a recommended
retirement date, as established by the police physician.
d.
Upon notification by the recipient employee's unit commander,
any donated time processed and not needed by the recipient
due to retirement, return to duty, or other reasons will be
returned to the donor and unit records adjusted accordingly.
Non-sworn Employees:
1.
2.
Permanent and provisional employees may receive donated time
under the following circumstances:
a.
It is a legitimate use of sick with pay (SWP), not sick pay family
(SPF) or sick pay death (SAD).
b.
They have exhausted all of their own SWP, vacation, and
compensatory time.
c.
Approval will not be allowed if the sick employee is eligible for
disability or regular retirement.
Time donated is deducted from the donor's vacation balance or
compensatory time balance, not SWP balance.
a.
3.
Any donated time processed and not needed by the recipient
due to retirement, return to duty, or other reasons will be
returned to the donor and unit records adjusted accordingly.
When a unit commander is informed that a non-sworn employee's
sick time, vacation time, and compensatory time credit has all been or
is about to be exhausted:
a.
The unit commander will investigate the prognosis of the
employee's private physician.
Rev. 5/00, Replaces 3/00
3
12.830
NOTE:
1)
b.
c.
4.
1)
The details of the investigation.
2)
Any recommendation the unit commander may have
concerning the employee's eligibility as a recipient of
donated time.
Upon approval of the bureau commander, Police Personnel
Section will prepare an administrative teletype message and a
Staff Note item indicating the employee is requesting donated
time.
Each city employee wishing to donate time will submit a Form 25-S
indicating:
a.
The name of the person to whom the time is being donated.
b.
The number of hours being donated.
c.
The recipient's unit of assignment.
d.
The type of time being donated (e.g., vacation, holiday, or
compensatory time).
Sick time may not be donated.
e.
The fact that this is a voluntary donation of time.
f.
The donor's classification and rank, if applicable.
Forward completed Forms 25-S through appropriate city channels to
the Fiscal and Budget Section for processing. Keep a copy of the
Form 25-S in the donating employee's time folder.
a.
6.
The unit commander may request a physical examination
by the city physician if the employee's injury or illness is
such that it may interfere with the employee's work
performance.
Upon completion of the investigation, the unit commander will
execute a Form 17 to the bureau commander noting:
1)
5.
First secure a written release by the employee to enable
the private physician to release information (patient/doctor
confidentiality). If employee refuses, prepare a Form 17
with the appropriate recommendation for granting/not
granting donated time.
Fiscal and Budget Section will, in turn, advise the recipient's unit
timekeeper as to the amount of time donated.
The unit of assignment of the employee receiving donated time will
enter that employee's name on the biweekly Payroll Attendance
Report and indicate "Donated Time" following the employee's name.
Rev. 5/00, Replaces 3/00
4
12.830
a.
7.
Do not deduct hours from the donor's time records until
notification is received from the Fiscal and Budget Section.
1)
Fiscal and Budget Section will return the original Form 25S to the donating member's unit timekeeper for processing
purposes.
2)
If the donating member's unit is outside of the Department,
the Fiscal and Budget Section will notify the payroll clerk of
the outside donating agency.
Fiscal and Budget Section
a.
b.
Upon receipt of the bureau commander's approval and
completed Forms 25-S, Fiscal and Budget Section will initiate a
Form 17 to the Assistant Director of City Personnel listing the
following information for each donor:
1)
Donor's name.
2)
Social security number.
3)
Biweekly rate.
4)
Hourly rate.
5)
Number of hours donated.
6)
Gross pay donated.
The Form 17 will also include the recipient's:
1)
Name.
2)
Social security number.
3)
Biweekly rate.
4)
Hourly rate.
5)
Number of donated hours received.
c.
City Personnel will send a written verification approving the
information contained in the above document.
d.
Fiscal and Budget Section will use each Form 25-S as needed to
credit the donee with the appropriate hours, and process the
necessary paperwork to delete the time from the donor.
e.
Fiscal and Budget Section will, at this time, advise the donor's
unit of assignment to make the required deductions from the
donor's time records.
Rev. 5/00, Replaces 3/00
5
12.830
f.
C.
D.
If the recipient employee returns to work for any length of time
and incurs a new illness or injury, or a recurrence of the old
illness/injury, the process for requesting donated time must be
repeated.
Donated Time That Leaves the Department:
1.
Submit a Form 17 indicating the donor's name, social security
number, biweekly pay rate, hourly pay rate, and the number and type
of hours donated directly to the recipient's unit.
2.
Recipient's unit will notify the donor's unit when the time is used so
the vacation, compensatory time, or holiday time can be deducted.
Fraternal Order of Police Time Bank:
1.
On January 1 of each year, three hours of compensatory time will be
deducted from each sworn member's compensatory time balance.
Rev. 5/00, Replaces 3/00
6
12.900
12.900 PROCESSING JUVENILE OFFENDERS
Reference:
Procedure 12.205, Traffic Enforcement
Procedure 12.215, Cincinnati Parking Infraction (CPI)
Procedure 12.235, Operating a Vehicle Under the Influence (OVI): Processing
and Arrest
Procedure 12.315, Investigation of Rape and Other Sexual Assault Offenses
Procedure 12.430, Endangering Children Offenses
Procedure 12.545, Use of Force
Procedure 12.600, Prisoners: Securing, Handling, and Transporting
Procedure 12.610, Prisoners: Guarding Hospitalized
Procedure 12.905, Fingerprinting and Photographing of Juveniles
Procedure 12.910, Missing Persons
Cincinnati Municipal Code 910-1, Attendance at School
Ohio Rules of Juvenile Procedure Rule 6, Taking into custody
Ohio Rules of Juvenile Procedure Rule 7, Detention and shelter care
Ohio Revised Code 2151.022, Unruly child defined
Ohio Revised Code 2151.23, Jurisdiction of juvenile court
Ohio Revised Code 2151.31, Apprehension, custody, and detention
Ohio Revised Code 2151.311, Procedure upon apprehension
Ohio Revised Code 2151.312, Place where unruly child may or may not be held
Ohio Revised Code 2919.21, Nonsupport or contributing to nonsupport of
dependents
Ohio Revised Code 2919.22, Endangering children
Ohio Revised Code 2919.23, Interference with custody
Ohio Revised Code 2919.24, Contributing to unruliness or delinquency of a child
Policy:
When dealing with juvenile offenders, it is the policy of the Police Department to
employ the least coercive of the enforcement directives available to properly
address the situation.
Sometimes, when dealing with juvenile offenders, there are underlying issues
that need to be investigated. When coming into contact with a juvenile offender,
especially runaways, curfew violators and truants, officers will look for physical
signs of abuse or neglect. If there are physical signs or allegations of abuse or
neglect, the appropriate investigations will be conducted, reports completed and
necessary action taken.
Information:
Community safety depends primarily upon voluntary individual restraint
conditioned by community norms that control harmful behavior and reinforce
conventional productive behavior. Youth who are not bonded to conventional
community institutions such as school, work, religious and recreational
organizations are more likely to engage in criminal behavior.
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The emerging direction of juvenile justice is towards a balanced and restorative
system of justice. Restorative justice focuses on crime as harm and justice as
repairing harm, in part, by sanctioning juveniles based upon accountability
measures which attempt to restore victims and clearly denounce and provide
meaningful consequences for illegal behavior.
The following enforcement directives are designed to hold juveniles accountable
for illegal behavior. Employing these directives will allow the court to
appropriately intervene in incidents of juvenile offenses through formal and
informal action, to effectively address victim, offender and community needs in a
balanced manner which enhances public safety.
In all cases where there is doubt as to the proper disposition of juvenile cases,
the officer will contact Youth Services Section (YSS) for assistance. If YSS
personnel are unavailable, contact a supervisor for assistance in arriving at the
proper juvenile disposition.
Procedure:
A.
Unofficial Complaints/Hearings
1.
2.
An officer who perceives that an informal intervention by Juvenile
Court is preferable to merely releasing the juvenile to a
parent/guardian without contact with Juvenile Court may sign an
unofficial complaint against first time non-violent misdemeanor
offenders.
a.
Unofficial complaints are processed through the Hamilton
County Juvenile Court (HCJC) and result in a scheduled
Unofficial Hearing.
b.
Unofficial Hearings provide an opportunity for the juvenile and
the victim to arrive at a solution.
Criteria and guidelines for Unofficial Complaints/Hearings are
established by the HCJC.
a.
Unofficial complaints can only be signed for first time delinquent
or unruly offenders with a minor offense.
b.
Unofficial complaints can only be signed when a juvenile admits
guilt to the offense.
c.
Unofficial complaints are not permitted for the following cases:
1)
Any use of a gun (real or toy)
2)
Domestic Violence or assault against a parent, custodian,
guardian, or family member
3)
Threat or serious physical harm or death (Menacing and
Aggravated Menacing)
4)
Unrecovered or damaged property over $300
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d.
3.
5)
Drugs
6)
Sexual Offenses
7)
Traffic violations
8)
Any weapon on school grounds
HCJC has the final say in determining which juvenile contacts
qualify to proceed with an unofficial hearing.
Complete a Form 314, Notice to Appear, indicating referral for
unofficial hearings.
a.
Write in bold letters across the bottom of the Form 314,
“Unofficial Hearing” and check the block marked “Juvenile Court
(When Notified)”.
b.
Sign an "Unofficial Complaint" at the Hamilton County Juvenile
Court Youth Center (HCJCYC) Intake Office.
1)
c.
B.
Verify if the offense meets the guidelines for an unofficial
hearing with a HCJCYC Intake Office clerk.
A citizen issued a Form 655R, Cincinnati Police Citizen Referral,
may sign an “Unofficial Complaint”.
Issuance of a Form 314, Notice to Appear - Closed Referral
1.
In cases where an unofficial hearing is not perceived as the proper
action, a closed referral may be issued for any non-violent
misdemeanor offense, excluding alcohol or drug offenses, provided
the juvenile has not been previously issued a closed referral for any
criminal offense.
a.
b.
Before issuing a closed referral, perform a computer query to
determine the juvenile’s criminal history and wanted status.
1)
Computer queries QHW, QW, QJN, QJO, and QJH access
juvenile history and wanted entries.
2)
Verify an outstanding warrant for a juvenile’s arrest by
calling the HCJCYC Intake Office clerk (24 hours a day).
Note the title of the offense, section number, and facts of the
offense on all closed referrals.
1)
List the type of offense in the “Title of Offense” space of
the Form 314.
2)
Enter the facts of the offense in the “Describe Violation”
space of the Form 314.
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2.
c.
To properly identify juveniles and correlate juvenile records, it is
imperative closed referrals, arrest reports, and other police
reports reflect the names and addresses of natural parents of
the juvenile and the names and addresses of the stepparents or
guardians who may now have custody of the juvenile.
d.
Print "Closed Referral" in bold letters across the bottom of the
Form 314.
Once the closed referral has been completed, the juvenile must be
released to an adult in the following order of preference - a parent,
adult relative, adult sibling, school administrator, or responsible adult.
a.
Inform the adult of the nature of the offense and arrange for the
release of the juvenile.
1)
b.
For minor misdemeanor and traffic offenses, a telephone
notification by the officer to the adult is sufficient. The name of
the adult notified must be indicated on the back of the Form 314.
3.
When more than one juvenile is involved in one incident, each referral
will have complete information and crossed reference notes.
4.
A unit supervisor will review a closed referral for completeness,
legibility, accuracy, and appropriateness (nature of offense, policy
compliance, etc.).
5.
Police personnel will forward the closed referral (both criminal status
and traffic offenses) to the appropriate district Data Entry Operator
(DEO).
a.
C.
Indicate the name and relationship of the person notified
on the back of the Form 314. The adult assuming custody
of the juvenile must sign the front page of the Form 314.
The DEO will enter the closed referral into the computer system
and forward all copies to the Records Section for filing.
Issuance of Citations
1.
Sign official complaints against juveniles who have committed a
felony, violent misdemeanor (per 2902.02 ORC), drug or alcohol
offense or for a non-violent misdemeanor (if they have previously
been issued a closed referral for a criminal offense), except in the
following cases wherein a closed referral is permitted:
a.
Complainant refuses to prosecute
b.
Exceptional clearances (multiple case closures)
c.
Juvenile lives outside of Hamilton County (misdemeanors only)
d.
Children under the age of seven
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2.
Sign official complaints processed as citations at the HCJCYC Intake
Office.
3.
When the complainant in a juvenile investigation wishes to sign a
juvenile complaint, the investigating officer will:
a.
Provide the complainant a completed Form 655R, Citizen
Referral, containing the following information:
1)
Juvenile's name and address
2)
Juvenile's date of birth
3)
Parent/guardian’s name, if appropriate
4)
Recommended charge and section number
b.
Inform the complainant to file the complaint against the juvenile
at the HCJCYC Intake Office.
c.
Complete a Form 314 for record purposes.
1)
Officers are not required to list the Juvenile Court case
number or the Juvenile Court identification number on the
Form 314.
2)
List the name, address, and phone number of the person
signing the complaint on the rear of the Prosecutor's Copy
of Form 314 under "Witnesses to be notified for court."
3)
Check the block titled "Juvenile Court (When Notified)."
4)
A unit supervisor will review the Form 314 and forward to
the district DEO.
a)
d.
Release the juvenile to his parent/guardian.
1)
4.
The district DEO will enter the citation into the
computer system and forward all copies to Records
Section for filing.
Advise the parent/guardian that Juvenile Court will notify
them of the court date.
In cases where the officer will sign the complaint
a.
Complete a Form 314 for record purposes.
1)
b.
Check the block titled "Juvenile Court (When Notified)."
Release the juvenile to his parent/guardian.
1)
Advise the parent/guardian that Juvenile Court will notify
them of the court date.
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c.
Sign the official complaint within 16 hours of the citation at the
HCJCYC Intake Office.
1)
Complete a Hamilton County Juvenile Court Case
Summary Form, available at the Intake Office, when
signing the complaint.
2)
Obtain the Juvenile Court case number and the Juvenile
Court identification number from the intake clerk. Record
the Juvenile Court case and identification number in the
"Describe Violation" space on the Form 314.
3)
Officers have the option of completing a Form 555,
Juvenile Court Pre-Sentence Probation Information
Request, to provide information to the court prior to
sentencing. This form may also be completed when
making a physical arrest.
a)
d.
Juvenile Court will notify all witnesses and issue the necessary
subpoenas.
e.
A unit supervisor will review the Form 314 and forward to the
district DEO.
1)
D.
Completion of the Form 555 will generate a presentence probation investigation. The arresting
officer(s) will be contacted during this investigation to
provide information relevant to the sentencing.
The DEO will enter the citation into the computer system
and forward all copies to Records Section for filing.
Physical Arrest (Detention)
1.
Reasons to admit a juvenile into detention are:
a.
The seriousness of the offense
1)
Priority should be given to offenses involving violence
toward a victim(s).
2)
A history of minor offenses may also be considered.
b.
Protection of the juvenile from immediate or threatened physical
or emotional harm.
c.
The juvenile may abscond or be removed from the jurisdiction of
the court.
d.
The juvenile has no parent, guardian, custodian, or other person
able to provide supervision and care for the juvenile and return
the juvenile to court when required.
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e.
An order for placement of the juvenile in detention or shelter
care has been made by the court.
2.
Approval from a supervisor is required to place juveniles under 12
years of age in detention.
3.
Appropriate charges must be determined prior to transport to the
HCJCYC.
4.
Transportation to HCJCYC (Detention)
5.
a.
Juveniles will be taken to the appropriate detention facility
without delay, unless in need of medical attention.
b.
Juveniles will remain handcuffed during all phases of
transportation and processing.
c.
Whenever juveniles are transported or processed, separate
them from adult offenders.
Process all evidence through the arresting officer’s district/section/unit
to the Court Property Unit. Document on the Form 527, Arrest and
Investigation Report, where the property was taken.
a.
6.
7.
Personal property found on the juvenile will be held at HCJCYC.
Prepare a Form 527 when taking a juvenile to the HCJCYC.
a.
The Form 527 will accompany the juvenile to the HCJCYC and
provide the basis for the Receipt for Juvenile Form prepared by
intake personnel.
b.
Notify the HCJCYC intake or youth center officer when an
arrested juvenile must obtain medical treatment prior to being
transported to the HCJCYC.
Upon completion of the juvenile’s registration, the arresting officer will
file the official complaint with the HCJCYC Intake clerk.
a.
The Form 527 should contain all pertinent information related to
the case including: names of witnesses, injuries to victims, any
evidence, etc.
b.
The transporting officer(s) will enter the identification number
and case number(s) obtained from the intake clerk in the “Facts
of Arrest” space on the Form 527.
c.
A unit supervisor will review the Form 527 and forward to the
district DEO.
1)
The DEO will enter the Form 527 information into the computer
and forward all copies to Records Section.
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8.
Officers will complete a Form 527J, Juvenile Case Investigation
Jacket, for all arrests on original felony and original, reportable
misdemeanor charges. The only exception is Operating a Vehicle
under the Influence (OVI) arrests.
a.
The Form 527J will include a 527B and copies of all other
pertinent paperwork needed to prove the facts of the case,
including probable cause, elements of the crime and evidence
showing the suspect committed the crime.
b.
A supervisor must review the contents for accuracy and
completeness and sign the Form 527J.
c.
The completed Form 527J will be entered into the
district/section/unit Form 527J log book.
1)
d.
9.
Do not leave the 527J or 527B with the juvenile clerk.
The approved Form 527J will be logged out of the log book and
hand carried to the Hamilton County Prosecutors
Office
(Juvenile Division) located at 230 East 9th Street, 4th floor, by the
officer assigned to the property run on the next business day.
Notification of parent/guardian
a.
An officer taking a juvenile into custody will make a reasonable
attempt to notify the parent/guardian. Make an entry in the
district or unit blotter of the notification or inability to notify.
1)
Notify the parent/guardian when detaining a juvenile for "incustody" questioning.
a)
"In-custody" means taking a juvenile to a police
facility, detention facility, hospital, or other place
where the juvenile is not free to leave.
b)
The detaining of a juvenile for in-custody questioning
must be based upon probable cause.
c)
Notification of the parent/guardian is not necessary
for brief field interviews.
d)
The interviewing officer(s) will explain agency and
juvenile justice system procedures to the juvenile and
the juvenile’s parents or guardians.
1]
As part of the explanation, include:
•
what violation the juvenile is being
charged with.
•
whether the juvenile will be transported
to the HCJCYC or released to the
custody of the parent or guardian.
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•
2]
2)
E.
Never interview juveniles beyond one hour without
approval of a supervisor.
No more than two officers will interview a single juvenile.
Felony and Reportable Misdemeanor Warrants
1.
F.
Juvenile Court will handle the notifications of
when to appear for further court proceedings.
The length of time for a juvenile interview is best gauged by
the investigator's assessment of the juvenile's physical and
emotional condition throughout the interview process.
a)
3)
whether further court proceedings will
ensue.
Refer to Procedure 12.900 section D.8. when signing active juvenile
warrants for felony or reportable misdemeanor offenses.
Runaways
1.
Query all runaways to determine if warrants have been signed.
2.
Local runaways
a.
Take the juvenile home. Obtain supervisory approval if the
juvenile lives outside Hamilton County, but within reasonable
driving distance.
1)
3.
If the parent/guardian cannot control the juvenile or the
juvenile will run away again, they must sign an official
complaint at the HCJCYC Intake Office before the juvenile
is placed in detention.
b.
Juvenile Court will issue a runaway warrant for a juvenile whose
whereabouts have been unknown for 12 hours or more.
Exceptions are made for a juvenile whose safety is in jeopardy.
c.
Officers may consider a local runaway for detention if they can
justify it on the basis of personal knowledge or when other
delinquent acts are involved. Disposition should be made in
accordance with Section D.1. of this procedure.
Out-of-town runaways
a.
Take the juvenile who lives 75 miles or less to the district. Notify
the parent/guardian to respond for the juvenile. A supervisor will
ensure the security of the juvenile until the parent/guardian
arrives.
1)
If there is any question regarding the cooperation of the
juvenile while awaiting release, transport to HCJCYC and
sign the appropriate charge as indicated below.
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b.
c.
4.
Take juveniles living in excess of 75 miles from Cincinnati to
HCJCYC.
1)
The arresting officer will sign an unruly juvenile complaint
based on ORC 2151.022, Unruly Juvenile, Defined.
2)
Contact 241-KIDS (Hamilton County Department of Human
Services) for assistance for juveniles under 12 years of
age. Complete a Form 314 and notify Personal Crimes
Unit (PCU) by telephone.
Make a blotter entry indicating the disposition of the juvenile.
Runaways from placement centers
a.
Place runaways, 12 years of age or older, from placement
services in the HCJCYC unless immediate custody can be
transferred to an appropriate authority for the juvenile's return.
1)
b.
G.
Contact 241-KIDS for a juvenile under 12 years of age if the
juvenile cannot be returned to the agency having jurisdiction.
Complete a Form 314 and notify PCU by telephone.
Incorrigible Complaints
1.
H.
The arresting officer will complete a Form 527.
Police officers will not initiate an arrest for incorrigibility without an
official complaint signed by a parent/guardian.
Juvenile Traffic Offenders
1.
Juveniles 12 through 17 years of age inclusive, who commit a minor
traffic violation, may be issued an Ohio Multi-Count Uniform Traffic
Tag (MUTT) or a closed referral.
a.
When a closed referral is issued, write "Closed Referral" and the
specific charge in the "Offense Charged and Description" block
of Form OH-1.
b.
Juveniles 7 through 11 years of age will receive a closed referral
unless one of the following occurs:
1)
Operation of a vehicle without a valid driver’s license.
2)
Operating a Vehicle Under the Influence (OVI) violation.
3)
Auto accident with serious injuries or a death to another
(excludes pedestrian accidents wherein the juvenile is at
fault and injured)
4)
Auto accident involving severe property damage
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2.
If a traffic code violation (for OVI cases, see Section H.3. of this
procedure) is committed by a juvenile driving a motor vehicle, and the
officer determines a warning (Closed Referral) is not sufficient, the
following will apply:
a.
District officers will cite juvenile traffic offenders on an MUTT to
Hamilton County Juvenile Court on the following days except
court holidays:
1)
Monday - District 1 and District 5
2)
Tuesday - District 2
3)
Wednesday - District 3
4)
Thursday - District 4
NOTE: Other units are not restricted.
b.
5)
A minimum of 14 days must elapse between the date the
citation is written and the date of the hearing (except
juvenile OVI cases - see Section H.3. of this procedure).
Write citations for the first hearing date for your district
following the 14 days.
6)
When necessary, the hearing date can be delayed to a
following assigned date.
7)
All hearings will be set for 1430 hours.
8)
Districts assigned hearing dates that fall on a holiday will
schedule the hearing for the indicated day of the following
week.
Citations issued as a result of an auto accident require both
parties and witnesses to be informed of the date and time of the
hearing.
1)
c.
Give a juvenile traffic offender the violator's copy of the MUTT,
listing the date and time of the court appearance.
1)
3.
Witnesses may appear at the hearing, but are not required
unless subpoenaed.
Check the block advising the juvenile to appear in Hamilton
County Juvenile Traffic Court.
When a juvenile is cited to court for ORC Sections 4511.19 OVI, or
4511.19.1 - Implied Consent.
a.
Cite the arrested juvenile on a MUTT for the fifth calendar day
following the arrest. If the fifth day is a Saturday, Sunday, or
legal holiday, use the next court day.
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b.
The time of the court appearance is 1430 hours in Juvenile
Court.
c.
Police personnel will not appear at this hearing.
4.
Treat juveniles riding toys as a pedestrian.
5.
Issue a Cincinnati Parking Infraction (CPI) when a vehicle parked in
violation is known to be owned, or the violation was committed by, a
juvenile.
a.
I.
Adult Criminal and Traffic Warrants Issued to a Person who is a Juvenile
1.
Send an adult criminal or traffic warrant issued for a juvenile to the
Hamilton County Sheriff's Office, Central Warrants Processing Unit.
a.
2.
J.
Cite juveniles operating a vehicle with expired license plates in
violation of Cincinnati Municipal Code (CMC) 503-52,
Unauthorized License Plates, on a MUTT to Juvenile Court.
Accompany the warrant with a complete list of the facts so a
Record of Arrest can be prepared and the warrant(s) dismissed.
Circumstances consistent with this procedure will determine if:
a.
The juvenile is issued a MUTT and cited to juvenile court.
b.
A juvenile complaint is signed and the juvenile is cited to
Juvenile Court or placed in the HCJCYC.
Service of Hamilton County Juvenile Court Warrants
1.
When a computer check indicates a warrant is on file, telephone the
HCJCYC Intake Office and confirm the warrant.
a.
b.
2.
Complete a Form 527 listing the following information:
1)
Date, time, name of the person confirming the warrant, and
the Juvenile Court identification number in the space titled
"Facts of Arrest"
2)
Warrant number(s) in the space titled "Charges"
3)
RCIC control number in the space titled "Control Number"
Complete a Form 527J if information which is pertinent to the
warrant is discovered, including new evidence and/or statements
made by the arrested.
If adults have an active warrant issued by the Hamilton County
Juvenile Court when the adults were juveniles, confirm the warrant
with the HCJCYC Intake clerk.
NOTE:
Do not cite adults with juvenile warrants to court.
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a.
Take adults with Juvenile Court criminal and parole violation
warrants to the HCJC (Hamilton County Justice Center).
1)
Take the completed Form 527 to the HCJC with the adult.
2)
Advise the HCJCYC Intake clerk the person will be taken to
the HCJC.
a)
b.
Take adults with Juvenile Court traffic or violation of court order
(juvenile probation violation) warrants to the HCJCYC.
1)
3.
4.
Take the completed Form 527 to the HCJCYC with the
adult.
When the HCJCYC Intake clerk is unable to confirm a warrant on a
computer hit, the unit supervisor will document on a Form 17 the date,
time, name of the clerk, and a full report of the incident. Forward the
Form 17 and a teletype printout of the computer hit to the Police
Chief.
a.
The Police Chief will forward the Form 17 to the Youth Services
Section (YSS) Commander for a follow-up investigation.
b.
Release the juvenile if the intake clerk cannot confirm the
warrant and no new charges are filed.
Hamilton County Juvenile Court warrants are distributed to the
districts.
a.
The district commander will direct all juvenile warrants received
to the warrant control officer.
1)
b.
K.
The intake clerk will teletype confirmation of the
warrant to the HCJC.
The warrant control officer will complete a Form CW100
(Warrant Control Card) for each warrant.
a)
Record juvenile warrants separately but in the same
manner as adult warrants.
b)
Process juvenile warrants within a 14 day period.
c)
The Monthly Warrant Report will include a separate
section for juvenile warrants.
The district commander will determine the assignment for
service of juvenile warrants.
Investigations on School Property
1.
The primary function of the School Resource Officer (SRO) is
enforcement action for any violation of law which occurs on school
property.
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a.
In many instances, the SRO can identify a wanted juvenile.
b.
The SRO may also know the background information, address,
and other data on a suspect juvenile.
c.
When SRO’s are not readily available to respond, all initial
requests for service (e.g., reports, investigations, etc.) should be
immediately handled by the police officer on the scene and not
referred to an SRO for appropriate action.
2.
If an incident occurs on school property in view of a police officer, the
officer will file the official complaint.
3.
Contact the school principal to arrange for an interview on the school
premises with a juvenile.
a.
L.
M.
For informational purposes and necessary assistance contact
the SRO.
Attendance at School
1.
If a juvenile is out in a public place during the hours when the child is
required to be in attendance at school and is without parental
supervision and not on an emergency errand, complete a Form 314,
charging the juvenile with CMC Section 910-1, Attendance at School
(also known as Daytime Curfew). If the juvenile is not suspended or
expelled from school, return the juvenile to their particular school
attendance officer.
2.
If the student is suspended or expelled from school, they may not be
returned to school, but must be taken home or to a police facility until
a parent or guardian can be contacted.
Curfew for Minors
1.
If a juvenile, under the age of 16, is about or upon any place in the
city other than their home or usual place of abode between the hours
of 10:00 p.m. and 5:00 a.m. of the following day, and exceptions do
not apply, charge with CMC Section 911-27b.
2.
If the juvenile is 16 or older but under 18 and is about or upon any
place in the city other than their home or usual place of abode
between the hours of 12:00 a.m. and 5:00 a.m., and no exceptions
apply, charge with CMC Section 911-27c.
3.
In cases of curfew violations, CMC Section 911-27, juveniles may be
transported to the following locations, listed in order of preference:
a.
Home - Officers will transport a curfew violator home if
geographically closer than a curfew center.
b.
Curfew Center
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c.
Lighthouse Youth Services Inc., 3330 Jefferson Avenue, when a
parent/guardian cannot be located and a curfew center is not
available.
1)
Officers must make a reasonable attempt (approximately
one hour) to locate the parent/guardian of a curfew violator
before transporting the violator to the Lighthouse.
2)
Curfew violators under the influence of drugs/alcohol, in
possession of a weapon, or involved in gang activity will not
be accepted.
a)
3)
Officers transporting a curfew violator to the Lighthouse
must then respond to the HCJCYC Intake office to sign a
complaint for CMC 911-27, even if the violator is a first
offender.
4)
Curfew violators who leave the Lighthouse before being
released to a parent/guardian will not be charged with
Escape, O.R.C. 2921.34.
a)
5)
d.
If located, these violators will be transported to
HCJCYC and charged with an additional curfew
violation, if appropriate.
Officers will contact the District Five Officer In Charge
(OIC) if a supervisor is needed to resolve any situation
involving curfew violators.
Hamilton County Juvenile Court Youth Center, 2020 Auburn
Avenue.
1)
4.
Lighthouse staff has the right to refuse admittance to
any curfew violator.
Only transport curfew violators to the HCJCYC if one of the
following conditions applies:
a)
All locations listed above are unavailable to receive
the violator.
b)
Any condition listed in Section D.1 of this procedure is
applicable to the violator.
Enforcement actions
a.
A Form 314 (closed referral) will be made for an initial curfew
violation.
1)
A closed referral should not be used on a second contact
unless extenuating circumstances are present (e.g.,
extensive time has expired since last enforcement contact,
juvenile will soon be an adult, etc.).
Revised 04/07/09, Replaces 02/17/09
15
12.900
b.
Handle subsequent violations by completing a juvenile complaint
signed at either Juvenile Court or Juvenile Detention.
1)
c.
5.
If the parent/guardian has previously been issued a written
warning, issue the parent/guardian a minor misdemeanor
citation for CMC Section 911-27(e).
To ensure the appropriate enforcement is being taken, officers must
check the juvenile’s previous record.
a.
N.
Any previous adjudication for ANY violation will cause the
correct charge for curfew to be a Violation of a Court Order
(VCO). Sign a Juvenile Complaint titled “VCO-Curfew”
(ORC Section 2152.02).
This can be accomplished by making a computer inquiry or
calling the Juvenile Court Clerk’s office.
Adult Involvement in Juvenile Court Cases
1.
Juvenile Court has original jurisdiction under the Ohio Revised Code
to hear and determine all misdemeanor cases charging adults with
any act or omission with respect to any juvenile, which act or omission
is a violation of any state law or any municipal ordinance.
NOTE:
2.
3.
ORC Section 2919.22, Division A - Endangering Children,
a misdemeanor of the first degree, is the jurisdiction of the
Hamilton County Municipal Court.
Police personnel or a parent/guardian wishing to obtain an adult
warrant at the Hamilton County Juvenile Court for ORC Sections
2919.21, Division (B) - Nonsupport or contributing to nonsupport of
dependents; 2919.22, Division (B)(1) - Endangering Children;
2919.23, Division (B) - Interference with custody; or 2919.24,
Contributing to unruliness or delinquency of a juvenile, can:
a.
Consult with a prosecutor on the Hamilton County Juvenile
Court's staff during normal business hours.
b.
File complaints with the HCJCYC Intake clerk when the officer or
parent/guardian cannot wait until normal court business hours.
Process adult violators arrested and charged with an offense that
Juvenile Court has jurisdiction over through the HCJCYC Intake Office
and hold at the HCJC.
a.
The arresting officer or the complainant, accompanied by the
arresting officer, will sign the official complaint at the HCJCYC
Intake Office.
1)
The police officer will obtain the necessary paper from the
Intake Clerk after the complaint is signed and transport the
arrested and the paperwork to the HCJC.
Revised 04/07/09, Replaces 02/17/09
16
12.900
O.
Disclosing Identity of Juvenile Offenders
1.
2.
Police personnel will not disclose the identity of any juvenile who is
the subject of a police contact through detention, citation to court, or
by referral to non-criminal justice administration personnel in
conformance with the spirit of the Ohio Juvenile Code, except when:
a.
Identity is required for official purposes.
b.
The juvenile is wanted as a missing person/runaway and such
information is transmitted by Police Communications Section
(PCS).
c.
The juvenile is wanted in the investigation of a felony and such
information is transmitted by PCS.
Refer private persons or agencies making a request for identity of
juvenile offenders at the Records Section, any police unit, or from a
member of the Department, to the Hamilton County Juvenile Court.
Juvenile Court can better evaluate the total situation regarding the
juvenile involved and their records are more complete.
Revised 04/07/09, Replaces 02/17/09
17
12.905
12.905 FINGERPRINTING AND PHOTOGRAPHING OF
JUVENILES
Reference:
Ohio Revised Code - Section 109.60
Ohio Revised Code - Section 109.61
Ohio Revised Code - Section 2151.313
Standards Manual - 82.1.1
Purpose:
To establish a uniform Department policy governing the collection and
preservation of fingerprints, photographs, and reports required when taking a
juvenile into custody.
To establish a countywide database of critical information needed to aid in the
investigation and prosecution of juvenile offenders.
Policy:
Department members will comply with Ohio Revised Code’s (ORC) mandatory
and discretionary guidelines for the fingerprinting and photographing of juveniles
taken into custody.
Procedure:
A.
Process for Fingerprinting or Photographing Juveniles:
1.
Fingerprint and photograph all juveniles arrested or taken into custody
for the commission of a felony or an offense of violence.
2.
Permission from a Juvenile Court judge is not required to fingerprint
or photograph juveniles when all of the following apply:
3.
a.
The child is arrested or taken into custody.
b.
The offense is a felony, or an offense other than a minor
misdemeanor or traffic offense.
c.
There is probable cause to believe the child may have been
involved in the commission of this offense other than a minor
misdemeanor or traffic offense.
Permission from a supervisor is required to fingerprint and photograph
a juvenile when there is probable cause to believe the child may have
committed a misdemeanor violation other than offenses of violence or
a felony (Refer to section A.5.a.-ff. for a complete list of offenses). In
all other cases, fingerprinting and photographing a juvenile requires
permission from a Juvenile Court judge.
a.
Call Juvenile Court, Docketing and Case Management Office,
during normal business hours for permission.
Revised 01/27/09, Replaces 8/99
1
12.905
1)
b.
4.
5.
If permission is granted over the phone, the officer must
complete the Cincinnati Police Department Fingerprints
and Photographs Report (Form 189) and send it to
Juvenile Court as indicated on the form.
After normal working hours, an officer may contact a Juvenile
Court judge through the Juvenile Court night clerk.
The Hamilton County Juvenile Court Youth Center (HCJCYC)
authorities will fingerprint and photograph all juveniles who are:
a.
Physically incarcerated for a felony.
b.
Physically incarcerated for an offense of violence.
c.
Physically incarcerated for a Parole Violation.
A juvenile arrested for any of the following offenses will be
fingerprinted and photographed. Upon a delinquent adjudication,
fingerprints will be entered into the Automated Fingerprint
Identification System (AFIS) by the Hamilton County Sheriff’s
Identification Unit (HCSIU).
a.
(2903.01) Aggravated Murder
b.
(2903.02) Murder
c.
(2903.03) Voluntary Manslaughter
d.
(2903.04) Involuntary Manslaughter
e.
(2903.11) Felonious Assault
f.
(2903.12) Aggravated Assault
g.
(2903.13) Assault
h.
(2903.21) Aggravated Menacing
i.
(2903.211) Menacing by Stalking
j.
(2903.22) Menacing
k.
(2905.01) Kidnapping
l.
(2905.02) Abduction
m.
(2905.11) Extortion
n.
(2907.05) Rape
o.
(2907.03) Sexual Battery
p.
(2907.05) Gross Sexual Imposition
Revised 01/27/09, Replaces 8/99
2
12.905
6.
7.
q.
(2907.12) Felonious Sexual Penetration-
Repealed
r.
(2909.02) Aggravated Arson
s.
(2909.03) Arson
t.
(2911.01) Aggravated Robbery
u.
(2911.02) Robbery
v.
(2911.11) Aggravated Burglary
w.
(2911.12) Burglary
x.
(2917.01) Inciting to Violence
y.
(2917.01) Aggravated Riot
z.
(2917.03) Riot
aa.
(2917.31) Inducing Panic
bb.
(2919.25) Domestic Violence
cc.
(2921.03) Intimidation
dd.
(2917.04) Intimidation of a Crime Victim
ee.
(2921.34) Escape
ff.
2923.161) Improperly Discharging Firearm at or into a Habitation
or School
or Witness
The district/section/unit making the juvenile arrest is responsible for
fingerprinting the juvenile following each arrest for a felony or an
offense of violence. This applies to situations where the officer has
custody of the juvenile and issues a Notice To Appear (Form 314)
citation to court in lieu of a physical arrest. Enter the juvenile arrest
into the blotter.
a.
Make three ten-print Fingerprint Cards (Form 12FB, FW, MB, or
MW), (one local and one Bureau of Criminal Identification and
Investigation (BCI&I)), one FBI ten print card, and one set of
Palm print Cards (Form 12P) of the arrested juvenile.
b.
Districts- The District Investigative lieutenant is responsible for
quality control and routing of the fingerprints.
c.
Section/units- The Section/Unit Commander or his designee is
responsible for quality control and routing of the fingerprints.
Each morning with the property run, districts/sections/units will send
the following information of juveniles arrested for felonies and
offenses of violence:
Revised 01/27/09, Replaces 8/99
3
12.905
B.
Copies of the fingerprints, copies of palm prints, and a copy of
the Arrest and Investigation Report to the Juvenile Court Clerks
Office, 800 Broadway.
b.
Original fingerprints, original palm prints, and a copy of the 527
to HCSIU, room 101 of the Hamilton County Justice Center. List
the Juvenile Court Identification number in the "Jacket Number"
box on the Form 527.
Reporting Requirements:
1.
C.
a.
The District Investigative Unit Commander/Section Commander or his
designee must forward the Form 189 to the Director of Docketing at
Juvenile Court for all photographs taken, forward the Form 189 to
HCSIU and the Director of Docketing at Juvenile Court for fingerprints
taken, no later than the Juvenile Court’s next business day, complete
with:
a.
Identity of juvenile: name, address, birth date, parent's or
guardian's name.
b.
The offense under investigation.
c.
The date and time fingerprints and photographs were taken.
d.
The number of fingerprint/photograph sets taken.
e.
The name, address, and agency of each person who has
custody of the fingerprints or photographs.
2.
The investigating officer is under a continuing duty to report, no later
than the Juvenile Court's next business day, the name and address of
any additional officer or agency to which the fingerprints/photographs
are released.
3.
Failure of a law enforcement officer to comply with the reporting
requirements of ORC 2151.313 is a misdemeanor offense.
Limitations on Use and Release of Fingerprints and Photographs:
1.
2.
Before filing a complaint regarding the offense:
a.
The fingerprints/photographs may only be used in the
investigation of the original offense.
b.
The fingerprints/photographs may only be released to the court.
After filing the complaint, the officer may use the fingerprints or
photographs to:
a.
Investigate the original offense.
b.
Investigate any other juvenile delinquency offense if the child is
a suspect in that crime.
Revised 01/27/09, Replaces 8/99
4
12.905
3.
D.
a.
In an investigation if the child is a suspect.
b.
In a photo array if the child is a suspect.
Storage of Files:
1.
E.
If a child is adjudicated delinquent of an offense, other than a traffic
offense or a minor misdemeanor, the officer may use the fingerprints
and photographs:
The officer taking fingerprints or photographs will complete a Form
189.
a.
The officer is responsible for storage and security of the
photographs.
b.
The District Investigative supervisor/Section Commander or his
designee will file the Form 189 in a master file.
c.
The investigative supervisor will monitor the master file to ensure
compliance with the retention periods in Section E.
Retention Periods:
1.
If no complaint regarding the offense under investigation is filed within
30 days, the investigating officer must return the fingerprints and
photographs to Juvenile Court.
2.
If the complaint is filed and subsequently dismissed, the District
Investigative unit Commander/Section Commander or his designee
will:
a.
3.
F.
Deliver all fingerprints and photographs, including copies, to
Juvenile Court within 30 days of the dismissal.
If the case is pending or the juvenile is found guilty, the unit may
retain the fingerprints or photographs for two years or until the juvenile
reaches age 18, whichever is earlier. Upon expiration, deliver them to
Juvenile Court.
Expungement Orders:
1.
Upon notification by Juvenile Court of any sealing, destruction, or
expungement order, units will immediately comply by forwarding all
such records to Juvenile Court.
Revised 01/27/09, Replaces 8/99
5
12.910
12.910 MISSING PERSONS
References:
Procedure 12.110, Handling Suspected Mentally Ill Individuals and Potential
Suicides
Procedure 12.400, Offense Reporting, Miscellaneous Reporting
Procedure 12.555, Arrest/Citation: Processing of Adult, Misdemeanor and Felony
Offenders
Procedure 12.600, Prisoners: Securing, Handling, and Transporting
Procedure 12.912, Child Abduction/Amber Alert Plan
NCIC Manual – Missing Persons
A Child is Missing Program – (ACIM)
Ohio Revised Code – Section 5502.52 Statewide Emergency Alert Program
Regarding Abducted Children
Definitions:
The Hamilton County Mental Health Board (HCMHB) defines categories of risk
for patients in care facilities as follows:
Category I is a high risk. The individual has exhibited specific evidence of
dangerousness such as a suicide plan, has made a threat against a specific
person, etc. There is clear evidence of dangerousness, e.g., observed
indiscriminate assaultive behavior or a complete inability to care for self. The
individual is a minor or a legal hold.
The Cincinnati Police Department considers all Category I missings as critical
missings.
Category II is a moderate risk. The evidence of dangerousness is inconclusive.
History may indicate a potential for aggression if provoked. May have a history of
Absent Without Leave (AWOL) with no violent episodes.
Category III has no evidence of dangerousness. There is no evidence the
patient is dangerous to self or others and can care for self. Frequent AWOL
abuser, self return is anticipated.
Purpose:
Establish Department guidelines governing the reporting and investigation of
missing persons.
To ensure all missing persons cases are investigated in a professional and
timely manner.
Policy:
Any responsible and competent adult whose whereabouts are unknown by his
choice will not be reported as missing.
If any doubt exists, complete a Form 304, Cincinnati Police Department Missing
Report.
Rev. 04/07/09, Replaces 03/10/09
1
12.910
Procedure:
A.
Reporting A Missing Person
1.
Critical Missing Person
a.
District personnel will immediately begin a critical missing
investigation and report if the person is:
1)
Under 12 years of age
2)
Over 65 years of age AND the disappearance poses a
threat of serious harm or death to the individual.
3)
A possible victim of foul play
4)
In poor mental condition
5)
6)
b.
a)
Likely to do harm to self or others
b)
Disoriented or unable to respond to simple questions
regarding personal information, i.e., name, date, or
place.
In poor physical condition
a)
Physical impairment(s) which severely limits self care
b)
Dependent on life sustaining medication
A Category I missing
If the missing person fits one or more of the listed criteria for a
critical missing, Police Communications Section (PCS) will
dispatch a district supervisor to the scene.
1)
The supervisor will direct an area search if necessary.
2)
The supervisor will notify Personal Crimes Unit (PCU)
during the hours of 0800 to 2400. From the hours 2400 to
0800, the supervisor will notify the Criminal Investigation
Section (CIS) desk.
a)
The supervisor will ensure a copy of the Form 304 is
faxed to PCU.
b)
A PCU supervisor, or in his absence a CIS shift
supervisor, will decide if PCU personnel will be
recalled to respond to the scene in exceptional cases
requiring their expertise.
1]
Contact CIS to recall PCU personnel
Rev. 04/07/09, Replaces 03/10/09
2
12.910
c)
d)
c.
2.
3.
PCU personnel will duplicate any photographs of the
missing person for radio and television station
notification.
1]
0800-1600 hours notify Public Information Office
(PIO) to contact the media
2]
1600-0800 hours PCU will contact the media
and advise PIO that the information has been
forwarded
PCU personnel involved in the investigation will
maintain a Form 188, Personal Crimes Unit
Investigative Report, detailing all Department actions
taken to locate the critical missing.
If the missing person fits one or more of the listed criteria for a
critical missing, or is a found child/elderly/disabled that is unable
to articulate their address, the responding officer can initiate A
Child is Missing (ACIM) Program. A supervisor’s permission is
not necessary.
1)
Call ACIM 24 hours a day/7 days a week, toll-free, at 1888-875-2246.
2)
Officers will answer all questions and provide the operator
with the following information:
a)
Reporting agency name
b)
Officer name and contact number
c)
Case number (if available)
d)
Name and description of missing
e)
Time, date, location, zip code, and county last seen
f)
PCS line number for sightings is 513-765-1212
Missing juveniles
a.
A Form 304 will be filed immediately on all missing juveniles.
b.
Federal Law requires entry of missing juveniles into the Law
Enforcement Automated Data System/National Crime
Information Center (LEADS/NCIC) computer files within two
hours from the time the original call is received.
c.
The officer completing the Form 304 will have it checked by a
supervisor and will immediately fax a copy to PCU.
Missing adults
Rev. 04/07/09, Replaces 03/10/09
3
12.910
4.
a.
Adults 18, 19, or 20 years of age will be reported immediately.
Federal Law requires entry of missing adults 18 years of age but
less than 21, into the Law Enforcement Automated Data
System/National Crime Information Center (LEADS/NCIC) within
two hours from the time the original call is received.
b.
Adults who do not meet the criteria of Section A. 1., or who are
21 years of age or older, must be missing 24 hours before taking
a report unless there are extenuating circumstances.
c.
The Telephone Crime Reporting Unit (TCRU) will make these
reports unless extenuating circumstances exist.
Nonresident of Cincinnati whose location is unknown
a.
If the missing visitor does not meet the critical missing criteria,
refer the reporting person to the police agency of the missing
person’s residence.
1)
b.
If the agency where the missing person resides refuses to make
the report, the district where the missing person was last seen
will make the report and conduct the investigation.
c.
If the missing person fits one or more of the listed criteria for a
critical missing, follow Section A.1.b.
1)
B.
Notify the police agency where the missing person resides.
Who May Report a Missing Person
1.
Any responsible adult with accurate information may report someone
missing. This will include nursing home or hospital representatives
who have charge of the care of the missing person.
a.
C.
This does not preclude the officer from initiating an
"Attempt to Locate" broadcast if necessary.
Missing residents of Summit Behavioral Healthcare (SBH) are
investigated by the Ohio State Highway Patrol (OSHP).
However, when necessary, Department personnel will assist
OSHP.
Initial Missing Person Investigation
1.
Police officers will generally take missing person reports in person
except for adults 21 years of age or older when no extenuating
circumstances exist.
2.
Before making the Form 304, the officer will conduct a preliminary
investigation in an attempt to locate the missing person. This may
include, but should not be limited to, a consensual search of the
residence or telephone calls to such places as the Hamilton County
Justice Center or the Hamilton County Morgue.
Rev. 04/07/09, Replaces 03/10/09
4
12.910
D.
3.
Report critical missings to PCS as soon as an adequate description is
available.
4.
Photographs and fingerprints of missing persons
a.
The reporting officer will attempt to obtain a small picture of the
missing person. Indicate on the Form 304 that a picture is
available. The picture will stay with the district/section/unit
investigating the missing. Send the picture to PCU to attach to
their copy of the Form 304 if the investigation transfers to that
unit. If possible, retain pictures of all persons reported missing.
b.
The initiating officer will ask the reporting individual if there are
fingerprints available of the missing person. Indicate on the Form 304
if the fingerprints are available and where they are on file.
Form 304, Cincinnati Police Department Missing Report
1.
The reporting officer will call PCS, Line 3500 or 2975, with information
from the Form 304 for the radio broadcast and teletype message.
PCS will teletype all missing persons and broadcast all critical
missings.
2.
Fax a copy to PCU.
3.
Officers completing a Form 304 for other districts will immediately fax
a copy and mail the Form 304 to the district of residence of the
missing person.
a.
4.
E.
Critical missing reports will immediately be hand carried to the
district of residence, with the exception of out of town missings.
Missing persons who meet the criteria for immediate entry into
LEADS/NCIC will be entered by PCU. During the hours of 0200 to
0700, or when PCU personnel are not working, missing persons
meeting the immediate entry requirement will be entered by Police
Communications Section. Updates and changes to LEADS/NCIC
entries will be under the direction of PCU.
Follow-Up Investigation
1.
If after 14 days the missing person is not located, the district will
forward to PCU a copy of the Form 304, the photo if one is available,
and its investigation documented on a Form 311A, Supplementary
Offense Report Addendum.
a.
2.
PCU is responsible for follow-up investigation after the 14-day
district investigation.
PCU supervisors will review the 14-day investigation for accuracy and
completeness.
Rev. 04/07/09, Replaces 03/10/09
5
12.910
F.
Closing Missing Person Reports
1.
Upon locating or confirming the location of a reported missing person,
Department personnel will notify PCS to cancel the teletype and will
complete a Form 311, Cincinnati Police Department Incident Closure
Report, containing complete information.
a.
Forward copies of the Form 311 to the district conducting the
follow-up investigation.
1)
b.
If the located missing person is 12 years of age or younger,
speak with the child and look for physical signs of abuse or
neglect.
1)
2.
The District collator will forward a copy of the report to the
Records Section.
If there are allegations or physical signs of abuse or
neglect, conduct the appropriate investigations, complete
the necessary reports, and take appropriate action.
Inactive File
a.
b.
Districts will file the Form 304 as inactive if the person has not
returned, is not located, or there is no information as to the
person's location when either:
1)
At the end of 30 days if the individual who reported the
missing person cannot be found, and there is no further
information, or
2)
At the end of three months if the individual who reported
the missing person is located, but further helpful
information is unavailable.
Perpetual file of missing person reports
1)
PCU will maintain a perpetual file on all missing persons
who have not been located.
a)
3)
PCU will enter appropriate missings in the
LEADS/NCIC missing persons file.
1]
Check missing persons through any County Law
Enforcement Applied Regionally (CLEAR)
terminal using a QHW query.
2]
Access juvenile runaway warrants from Hamilton
County with a QHW query.
When a missing person's name is not known, check the
missing persons file through any CLEAR terminal using the
QM function.
Rev. 04/07/09, Replaces 03/10/09
6
12.910
G.
H.
Identification of Bodies
1.
PCU can assist in the identification of unidentified human bodies by
using its files.
2.
PCU will send the Hamilton County Coroner copies of inactive missing
person reports over 30 days old.
Found Persons
1.
2.
Department personnel who are unable to locate the residence,
relatives, and/or other responsible friends of a found person will:
a.
Contact PCU for assistance in interviewing the found person.
J.
PCU will check its records for a possible address on the
subject.
2)
If PCU is unavailable, contact a CIS supervisor for
assistance.
b.
Officers may utilize the ACIM program as described in Section
A.1.c.
c.
Contact 241-KIDS for assistance in emergency care and/or
placement of a juvenile.
d.
Complete a Form 527, Cincinnati Police Department Arrest and
Investigation Report according to procedures 12.555 and
12.600.
e.
Any mentally ill person with a mental hold or who voluntarily
agrees should be returned to the particular facility that reported
the missing. If the facility is unknown, the subject is violent, or
from outside the Hamilton County boundaries, the mentally ill
person will be taken to University Hospital as directed in
procedure 12.120.
If the found person is 12 years of age or younger, speak with the child
and look for physical signs of abuse or neglect.
a)
I.
1)
If there are allegations or physical signs of abuse or neglect,
conduct the appropriate investigations, complete the necessary
reports, and take appropriate action.
Out of Town Missings/Attempts to Locate, Possibly in Cincinnati, Being
Investigated by Other Jurisdictions
1.
PCS will teletype this information to all districts and units.
2.
PCU is responsible for any requested follow-up investigation.
Summit Behavioral Healthcare Walkaways
Rev. 04/07/09, Replaces 03/10/09
7
12.910
1.
Forensic patients
a.
b.
These patients have been charged with a crime and have been
committed through adjudication or are awaiting adjudication.
They fall into four categories:
1)
NGRI - Not guilty by reason of insanity
2)
RTC - Restore to competency (for trial)
3)
IST - Incompetent to stand trial (probated by Civil Court)
4)
Police Holds - Emergency psychiatric admissions
transferred to the SBH prior to trial
When a forensic patient escapes, walks away, or is AWOL from
the SBH, the OSHP Hamilton Post will initiate a LEADS teletype
and forward the information by fax to PCS for an All County
Broadcast (ACB).
1)
OSHP will sign felony escape charges on the forensic
patient and this information will be included with the ACB.
2)
District Four will receive a copy of the AWOL Data Sheet
and will assign an investigator to assist the OSHP
investigator.
a)
3)
c.
e.
Felony warrants signed on forensic patients will be handled
by District Four Investigative Unit.
Forensic patients escaping will receive classification by the
HCMHB as a Category I, II, or III.
1)
d.
District Four and PCS will maintain an AWOL Data
Sheet File.
Officers must be aware that a forensic patient has been
charged with a crime, and therefore the risk assessment by
the HCMHB is completely independent of the patient's
status as a forensic patient.
If apprehended, verify wanted status. Escape warrants will be
on file at the Clerk's Office or entered in the computer.
1)
If the escape warrant is on file, transport the escapee to
the Hamilton County Justice Center (HCJC).
2)
If the escape charge has not yet been filed, call the OSHP
Hamilton Post at 863-4606. They will forward a teletype
holder to the HCJC or advise to return the patient to the
SBH.
If taken to the HCJC, request "no bond" on the arrest report. If
Rev. 04/07/09, Replaces 03/10/09
8
12.910
returned to the SBH at the OSHP's request, make a Form 316, Minor
Accident/Aided Case/Mental Health Response Report.
1)
f.
Wanted escapees found inside the City will be the Department’s
responsibility to transport.
1)
g.
On occasion, OSHP may request the Department’s
assistance in picking up a prisoner in Hamilton County.
This request will be coordinated through a District Four
supervisor.
Call PCS teletype and request a cancellation of the ACB wanted
broadcast.
1)
2.
Fax a copy of all reports to the District Four Investigative
Unit Commander. District Four will forward a copy to the
OSHP.
PCS will contact OSHP to request cancellation of the
LEADS teletype entry.
Civil Patients
a.
Patients at the SBH, through Probate Court, will not be charged
with felony escape. They can be Category I, II, or III missings.
1)
b.
OSHP will notify PCS as outlined above to initiate an ACB.
If found unattended within the City, return them to the SBH.
1)
Violent patients will be transported to the University
Hospital as directed in procedure 12.110.
c.
Do not transport nonviolent SBH civil patients from group
homes, other out placement sites, or family members' homes.
Patients who are simply late returning on a pass, in a hospital, or
in custody of another police agency are the responsibility of the
SBH Campus Police. SBH Campus Police can be reached at
948-3600 for transport.
d.
Make a Form 316 on any civil patient transported to SBH and fax
a copy to the District Four Investigative Unit.
e.
Call PCS teletype and request a cancellation of the ACB wanted
broadcast.
1)
PCS will contact the OSHP to request cancellation of the
LEADS teletype entry.
Rev. 04/07/09, Replaces 03/10/09
9
12.912
12.912 CHILD ABDUCTION/AMBER ALERT PLAN
References:
Procedure 12.400 – Offense Reporting, Miscellaneous Reporting
Procedure 12.910 – Missing Persons
Ohio Revised Code – Section 5502.52 Statewide Emergency Alert Program
Regarding Abducted Children
Definitions:
Child - an individual under eighteen years of age.
Dangerous environment - a relative term that may depend on the age and
development of the child.
Emergency Alert System (EAS) - a four part message system. The header
defines the nature, location and the agency that originated the emergency
message. The two-tone signal, transmitted for a minimum of eight seconds,
provides an audio alert to audiences that emergency information is about to be
sent. The audio and/or video message is transmitted to the audience. The end
of message signal is given.
Public Safety Answering Points (PSAP’s) - an agency in the United States,
typically county or city controlled, responsible for answering 9-1-1 calls for
emergency assistance from police, fire, and ambulance services.
Purpose:
To use all available community resources to facilitate the successful recovery of
an abducted child.
To establish partnerships with television/radio media in order to immediately
broadcast critical information within the tri-state area using the EAS.
To establish a partnership with the Advanced Regional Traffic Interactive
Management and Information System (ARTIMIS) to disseminate descriptive
information utilizing the Dynamic Message Signs (DMS).
To establish a partnership with Lamar Advertising and Norton Outdoor
Advertising, to disseminate descriptive and photographic information to the public
utilizing Digital Billboards for AMBER Alert activations.
Policy:
Department personnel will respond to all calls of child abduction promptly and
safely.
Department personnel will thoroughly investigate all reports of critical missing
and missing children to determine if the child has possibly been abducted.
Department personnel will work in partnership with the media and the community
to locate abducted children, return them to safety, and apprehend the abductor.
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12.912
Information:
AMBER Alert Plan - America's Missing: Broadcast Emergency Response is
named for a 9-year-old girl who was kidnapped by a stranger and later found
dead. In response to that tragedy, area media has agreed to repeat news
bulletins about abducted children hoping the bulletins might help save the life of a
child.
In abductions, the first three hours after the child is abducted are the most
critical. Broadcast radio, television, DMS, and Digital Billboards present a timely
and vast medium in which to alert the citizens of the entire metropolitan area.
This plan has been developed in partnership with Cincinnati based media
agencies, Federal Bureau of Investigation, Hamilton County Association of
Chiefs of Police, and the Ohio Department of Transportation.
Norton Outdoor Advertising and Lamar Advertising will disseminate the AMBER
Alert information on their Digital Billboards exclusively for the first hour following
an alert activation. After the first hour, the AMBER Alert information will continue
to be displayed in the advertising loop, along with other posted advertisements.
Procedure:
A.
First Officer On the Scene Responsibilities
1.
Assist the on scene or responding supervisor in determining if a child
abduction has occurred.
a.
Obtain sufficient descriptive information about the child, including
a recent photograph.
1)
2.
B.
Photographs obtained by the first officer on the scene must
be relayed to the Criminal Investigation Section
(CIS)/Personal Crimes Unit (PCU) supervisor immediately
to ensure rapid dissemination to broadcast media sources.
b.
Obtain descriptive information of the abductor, manner and
direction of escape, and other pertinent data.
c.
Conduct consensual searches of any locations where the
abducted child could reasonably be (i.e. residence, babysitter’s
house, relative’s house). Refer to Procedure 12.700, Search
Warrants/Consent to Search.
Complete necessary reports. Refer to Procedure 12.910, Missing
Persons.
Supervisor Responsibilities
1.
Immediately respond to all child abduction calls.
2.
Conduct a thorough investigation to determine if any of the below
listed criteria have been satisfied:
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3.
a.
The supervisor concludes, based on the totality of the
circumstances, the probability exists that the child has been
abducted.
b.
There is credible information that suggests the child was forcibly
or intentionally removed or lured away from the location and
there is a threat of immediate danger of serious bodily harm or
death to the child.
c.
The abducted child is a potential victim of foul play, sexual
exploitation, or is in a dangerous environment.
d.
The abducted child is believed to be with people who may
endanger the child’s welfare.
e.
An investigation has taken place which eliminates all other
alternative explanations for the whereabouts of the child.
f.
The child is not a runaway and has not been abducted as the
result of a child custody dispute, unless the dispute poses a
credible threat of immediate danger of serious bodily harm or
death to the child.
Upon the supervisor’s determination that a child abduction has
occurred:
a.
Gather information for Sections II, III, and IV of the Form 304A,
Child Abduction/AMBER Alert Plan Form.
b.
Contact a Police Communications Section (PCS) supervisor to
relay the information and activate the AMBER Alert Plan.
4.
If a crime scene is identified, initiate crime scene control and evidence
preservation.
5.
Establish separate staging areas for responding officers and media.
The staging area will not be located in the abducted child’s home.
6.
Notify a PCU supervisor to respond. If a PCU supervisor is not
working, a CIS supervisor will respond.
a.
C.
Ensure all collected photographs are immediately relayed to
CIS/PCU for rapid dissemination to broadcast media sources.
The Police Communications Section supervisor will:
1.
Collect all information necessary to complete a Form 304A and
contact the media voice mailbox system.
2.
Initiate an All County Broadcast (ACB).
3.
Initiate an information page advising activation of the AMBER Alert.
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12.912
4.
Activate the Communicator to notify Area Public Safety Answering
Points (PSAP’s)
5.
Notify ARTIMIS to activate an AMBER Alert utilizing the DMS.
a.
ARTIMIS will activate the DMS with an AMBER Alert and a
description of the vehicle used and/or the license plate (this may
be a partial plate).
1)
D.
E.
ARTIMIS will post the AMBER Alert message on the DMS
for a period of five (5) hours or until directed by the PCS
supervisor.
6.
Notify Lamar Advertising, via an email to the AMBER Alert Notification
Group. Provide all required information, including the
scanned/electronic photographs. Contact Lamar Advertising by
telephone to confirm receipt of the email. (Lamar Advertising is the
central contact point for utilization of all Digital Billboards.)
7.
Generate a teletype message to the affected areas.
Personal Crimes Unit /Criminal Investigations Section Supervisor will:
1.
Respond to the scene and assume responsibility for the investigation.
2.
Ensure all graphic information (victim photo, suspect photo, suspect
vehicle photo) is scanned as an attachment and sent by email to the
PCS supervisor. This must be accomplished as quickly as possible
within the first hour of initial contact with the complainant.
3.
Ensure PCU personnel duplicate any photographs of the abducted
child for radio and television station notification.
4.
Ensure PCU personnel involved in the investigation maintain a log
detailing all police actions taken to locate the abducted child.
5.
Ensure PCU personnel complete Form 304, Cincinnati Police
Department Missing Report, and enter the information into the Law
Enforcement Automated Data System/National Crime Information
Center (LEADS/NCIC) computer files.
Upon confirmation of the location of an abducted child, the Personal Crimes
Unit/Criminal Investigations Section supervisor will:
1.
Cancel the LEADS/NCIC teletype.
2.
Ensure a Form 311, Cincinnati Police Department Incident Closure
Report, is completed.
3.
Contact a PCS supervisor to:
a.
Call the media voice mailbox system and cancel the AMBER
Alert.
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12.912
4.
b.
Advise ARTIMUS to deactivate the AMBER Alert on the DMS.
c.
Advise Lamar Advertising the child has been located and the
AMBER Alert is cancelled.
d.
Cancel the ACB.
e.
Initiate an information page advising deactivation of the AMBER
Alert.
f.
Activate the Communicator to notify PSAP’s of the AMBER Alert
cancellation.
g.
Cancel the teletype message sent to the effected area.
Ensure all original photographs are returned to the respective owner.
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13.100
13.100 FIELD TRAINING OFFICER PROGRAM
Reference:
Fraternal Order of Police/City of Cincinnati Labor Agreement
Definitions:
Field Training Officer (FTO) – an experienced officer whose performance displays
exemplary abilities, desire, and achievement. Their duties and responsibilities are to
train the PPO during the probationary period, enabling them to work a solo
assignment.
Probationary Police Officer (PPO) – a sworn employee who is under provisional
status. The probationary period is one year from the date of being sworn in as a
police officer. Probationary police officers may be removed for cause during the first
six months of the probationary period. Probationary police officers may be removed
without right of appeal during the last six months of the probationary period.
Remedial Training – any instruction given during Phase II or Phase III of the
probationary training period. This training is designed to enhance deficient areas in
the PPO’s ability to perform job duties.
Recruit Book – a guideline and evaluation instrument designed to document the
PPO’s performance ability and skill level. This handbook provides an overall view of
the police work accomplished by the PPO.
Purpose:
Provide for a formal and uniform on-the-job training period.
Provide experience, guidance, and supervision so the PPO may develop the
knowledge, skill, and abilities to demonstrate a high degree of proficiency in
judgment, conduct, appearance, job skills, problem-solving, and interpersonal
relationship skills.
Aid in the evaluation of probationary personnel.
Serve as an aid in evaluating the Department's training program.
Policy:
The goal of the FTO program is to effectively train a PPO to work as a single unit
officer in a safe, skillful, productive, and professional manner.
The FTO has two primary responsibilities: first is a responsibility to the community
and second is a trainer and evaluator of the PPO.
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13.100
Procedure:
A.
Forms Used in the FTO Program:
1.
Form 644, Daily Observation Report.
a.
2.
Form 646A, FTO Sergeant’s Weekly Report.
a.
3.
Completed by a relief lieutenant by the end of each January and
July.
Form 647E, Community Problem Oriented Policing Problem-Solving
Exercise.
a.
B.
Completed by a FTO sergeant by the end of each January and July.
Form 647D, FTO Sergeant Recertification and Evaluation Report.
a.
9.
Completed by the PPO at the end of weeks 8 and 13.
Form 647C, FTO Recertification and Evaluation Report.
a.
8.
Completed by an FTO sergeant at the end of each calendar month
during Phase III.
Form 647B, FTO Evaluation Report.
a.
7.
Form 647 is located in the back of the Recruit Book and completed
by the primary FTO at the end of Phase II.
Form 647A, FTO Sergeant’s Monthly Report.
a.
6.
Completed weekly by the relief commander and turned in by Friday
of the following week during Phase II.
Form 647, FTO Final Evaluation Report.
a.
5.
Completed weekly by a FTO sergeant and turned in by Tuesday of
the following week during Phase II.
Form 646B, Relief Commander's Narrative Report.
a.
4.
Completed daily by the FTO during Phase II for all work days, off
days, and absences including Week 0, Observation Week.
Completed by the PPO during Phase II.
Recruit Training Phases:
1.
Phase I: Recruits receive approximately 25 weeks of formal classroom
instruction at Training Section.
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13.100
2.
Phase II: Probationary police officers are assigned to a district and
partnered with at least two different training officers (a primary and
secondary) working second, third, or power shifts for a minimum of 12
weeks.
a.
Each segment of Phase II is to be completed on different shifts
(recommended shifts are second, third, and power). PPOs will not
be assigned to first shift except in rare cases with bureau
commander approval.
1)
Weeks 0 – 3 assigned to primary FTO.
a)
b.
3.
C.
Week 0 is strictly an observation week. A Form 644
must be completed for all days of the observation week.
Evaluations should not be noted on Forms 644 during
observation week; however, significant incidents or
situations that the PPO is exposed to during the
observation week should be noted.
2)
Weeks 4 – 7 assigned to a secondary FTO on a different
relief.
3)
Weeks 8 – 12 assigned to primary FTO.
All missed workdays, excluding regularly scheduled off days, will be
made up before the PPO advances to Phase III.
Phase III: Probationary police officers are released to regular
assignment. Phase III terminates at the end of the probationary period.
Duties of Probationary Police Officers
1.
Participate fully in Phase II of training. Failure to do so may require
extension of the probationary period or failure of probation.
a.
Time off during Phase II is limited to emergency situations and must
be made up.
2.
Attend at least one community meeting with the primary FTO.
3.
Complete Form 647E, Community Problem Oriented Policing ProblemSolving Exercise, with the assistance of the primary FTO.
4.
Complete Form 647B, FTO Evaluation Report, at the completion of
weeks 8 and 13. At the end of week 8, Form 647B will evaluate the
secondary FTO. At the end of week 13, Form 647B will evaluate the
primary FTO.
a.
Upon completion, Forms 647B should be routed through the district
commander to Training Section.
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13.100
D.
Duties of Field Training Officers
1.
During Phase II, complete Form 644, Daily Observation Report, and
review with the PPO daily. The Form 644 should be completed and
signed by the PPO the same training day for which the Form 644 is
completed.
a.
In the event the PPO’s Phase II training extends beyond the 12week minimum, continue to complete Form 644 daily.
1)
2.
3.
4.
E.
The district commander may designate another FTO to fill out
the forms if a schedule conflict occurs.
Direct, guide, explain, and demonstrate the fundamentals of police work
so the PPO understands how and why duties are performed in a certain
manner.
a.
Allow PPOs to perform tasks they are competent to handle and
ready to assume.
b.
Check all paperwork for completeness, accuracy, legibility, etc.
If the PPO is to be retained as a permanent employee, the primary FTO
will complete Form 647, FTO Final Evaluation Report, and the Recruit
Book.
a.
Complete Form 647 at the end of Phase II.
b.
The primary FTO is charged with the maintenance, care, custody
and control of the Recruit Book.
Attend all scheduled meetings to discuss the PPO’s performance with all
officers involved in the program.
Duties of FTO Sergeants
1.
During Phase II:
a.
All PPO’s assigned with FTO’s will be identified on the daily relief
lineup by typing “PPO” in the “special” section of the lineup. Police
Communications Section will not count PPO cars as double units
when dispatching radio runs requiring two-officer responses.
b.
On a weekly basis, review Forms 644, Daily Observation Report.
This review includes conferring with the FTO about the progress of
the PPO.
c.
On a weekly basis, complete Form 646A, FTO Sergeant’s Weekly
Report.
d.
On a weekly basis, confer with the relief lieutenant concerning the
progress of the PPO.
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13.100
2.
3.
F.
e.
On a weekly basis, confer with PPOs to note their progress and
identify strengths and weaknesses. Ensure the PPO signs Forms
644 and 646A.
f.
Use the Recruit Book as an aid in counseling the PPO. It should
serve as an aid to correcting individual weaknesses in an effort to
improve overall performance.
g.
Ride with PPO for a minimum of four hours to observe performance.
Document the performance on Form 646A, FTO Sergeant’s Weekly
Report.
h.
Attend all scheduled meetings to discuss PPO’s performance with
all officers involved in the program.
During Phase III:
a.
Once the PPO has been approved for solo patrol by the affected
district commander, the FTO Sergeant will remove the PPO
designation from the lineup.
b.
At the end of each calendar month, complete Form 647A, FTO
Sergeant’s Monthly Report.
c.
On a monthly basis, confer with the relief lieutenant concerning the
progress of the PPO.
d.
On a monthly basis, confer with PPOs to note their progress.
Ensure the PPO signs Form 647A.
e.
Ride with PPO for a minimum of four hours to observe performance.
Document the performance on Form 647A.
By the end of each January and July, complete Form 647C, FTO
Recertification and Evaluation Report, for each FTO on the relief.
Duties of Relief Lieutenants
1.
During Phase II:
a.
Ensure the FTO and PPO are assigned to the same off-day group
so they will work together as much as possible.
1)
Forward a Form 17 to the Training Section Commander listing
the name of the PPO, FTO, and assigned off-day group.
b.
On a weekly basis, review Forms 644, Daily Observation Report,
and 646A, FTO Sergeant’s Weekly Report. This review will consist
of conferring with the FTO sergeant to identify strengths and
weaknesses of the PPO.
c.
On a weekly basis, complete Form 646B, Relief Commander’s
Narrative Report, for each PPO assigned to the relief.
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13.100
2.
G.
d.
On a weekly basis, meet with the FTO sergeant, FTO, and PPO to
discuss the PPO’s progress. Identify strengths and weaknesses
and take any necessary measures to address deficient areas.
Ensure the PPO signs Form 646B.
e.
Forward Forms 644, 646A, and 646B to the district commander for
review.
f.
Review the Community Based Problem-Solving Exercise with the
PPO and primary FTO, then forward to the district commander with
recommendations for a CPOP project, if warranted.
g.
Confer with the district commander within the last week of each 28day work period and in the final evaluation process concerning the
progress of each PPO.
h.
Notify the FTO Coordinator of any areas requiring additional
training.
During Phase III:
a.
At the end of each calendar month, review and sign Form 647A,
FTO Sergeant’s Monthly Report. This review will consist of
conferring with the FTO sergeant to identify strengths and
weaknesses of the PPO.
b.
At the end of each calendar month, meet with the FTO sergeant,
FTO, and PPO to discuss the PPO’s progress.
3.
Review Forms 647C, FTO Recertification and Evaluation Report.
4.
By the end of each January and July, complete Form 647D, FTO
Sergeant Recertification and Evaluation Report, for each FTO sergeant
on the relief.
Duties of District Commanders
1.
Recommend personnel for assignment as FTOs, with input from the
Training Section Commander, using criteria outlined in section I.
2.
If necessary, after consultation with the Training Section Commander,
remove a FTO from the program.
3.
Assign the PPO to primary and secondary FTOs with input from the
Training Section Commander. Notify the FTO Coordinator of the
pairings.
4.
Within the last week of each 28-day work period, or more frequently if
necessary, confer with shift lieutenants to identify if problem areas exist.
Consult with the Training Section Commander and FTO Coordinator to
establish training programs within the district to address any problems.
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13.100
a.
5.
Review, approve, and forward all completed Forms 644, 646A, 646B,
647, 647A, and 647B to the Training Section.
a.
6.
Include the name of the PPO, the name of the previous and new
FTO, and indicate the FTO status (primary or secondary).
Initiate dismissal procedures when repeated attempts to train and counsel
a PPO have been unsuccessful.
a.
H.
If the PPO has successfully demonstrated the ability to perform as a
police officer, return the Recruit Book along with completed Form
647 to the Training Section.
Notify the Training Section Commander via Form 17 of changes in
primary or secondary FTOs.
a.
7.
This does not preclude training conducted at Training Section in
response to a general problem that would benefit more than a few
PPOs.
Dismissal procedures should occur in Phase III before the beginning
of the 11th month of probation to provide enough time for case
documentation and preparation. This in no way prevents beginning
dismissal procedures at an earlier or later date.
8.
Review Forms 647C, FTO Recertification and Evaluation Report, and
647D, FTO Sergeant Recertification and Evaluation Report, and forward
to Training Section.
9.
Notify the affected FTO Sergeant to remove PPO designation from the
daily relief lineup once a PPO has been approved for solo patrol.
Duties of the Training Section Commander and FTO Coordinator:
1.
Direct and coordinate the activities of the FTO Program.
2.
Assemble the FTO Review Board for the review of field training officers.
a.
The FTO Review Board consists of the Administration and Patrol
Bureau Commanders, Training Section Commander, Internal
Investigations Section Commander, FTO Coordinator, and a FTO.
1)
3.
The Training Section Commander, with input from the
Administration and Patrol Bureau Commanders and approval
of the Police Chief, will select a FTO to serve on the board for
a period of two years.
The FTO Review Board will meet twice a year to review FTO and FTO
Sergeant Recertification and Evaluation Forms and make final
recommendations to the Police Chief. The Review Board will also meet
as needed to select new FTOs.
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I.
a.
The Board will review all applications from FTOs and prospective
FTOs. The Training Section Commander will review the findings of
the Board and make recommendations to the Police Chief.
b.
The Board may interview any prospective or present FTO they feel
does not meet the standards outlined in section I and make
recommendations to the Police Chief.
4.
Review completed Forms 644, 646A, 646B, 647A, and 647B.
5.
The Training Section Commander and FTO Coordinator will take an
active part in the final evaluation of each PPO and make a
recommendation to either retain or separate the PPO.
6.
Recruit advisors will:
a.
Assist the FTO Coordinator in identifying weaknesses in recruit
training and assist with remedial training.
b.
Assist the FTO Coordinator with the maintenance of files, report
deadlines, and follow up on the status of PPOs.
c.
Review completed Forms 644, 646A, 646B, 647A, and 647B with
the FTO Coordinator.
Criteria and Method for Selecting Field Training Officers
1.
Factors to be considered in the selection of Field Training Officers
includes:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
2.
Performance rating.
Attendance.
Driving record.
Commendations.
Complaint history.
Disciplinary record.
Physical fitness.
Oral communication skills.
Judgment.
Job experience.
Attitude.
Maturity.
Previous FTO experience.
Knowledge of procedures.
Writing skills.
Seniority.
Selection process for choosing police officers, specialists, and sergeants
for the FTO program:
a.
The FTO Review Board will review and consider the following
information for each applicant:
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13.100
J.
1)
Seniority (in excess of three years).
2)
Personnel jacket information and Internal Investigations
Section profile record of the past three years.
3)
Verification of information on application form.
FTO Insignia:
1.
Only those officers on Training Section's list of active FTOs may wear the
FTO insignia. Any officer removed from FTO status, regardless of the
reason, will immediately return the insignia to the FTO Coordinator.
1)
The insignia is only to be worn on the left breast pocket flap of
the nylon windbreaker, storm coat, Ike jacket, or blouse during
cold weather. During warm weather, it is to be worn on the left
shirt pocket.
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13.101
13.101 TRAINING MEMOS AND VIDEOS
Information:
Training Memos are designed to bring timely information to the attention of Police
Department personnel. They impart information in narrative form to all personnel. This
helps the Department meet training needs as they are identified. Training Memos
suggest best methods of performing functions or describe services available to the
Department from outside agencies. They assist personnel in using the latest accepted
techniques in carrying out Department procedure.
Policy:
Training Memos will be written to conform to the mandates of procedure but should not
refer to procedure by number. Training Memos may at times elaborate upon procedure
in methods of carrying out the Department mission.
Procedure:
A.
B.
Department Personnel:
1.
Sworn personnel must be familiar with all current Training Memos and know
the contents of these training documents.
2.
If any Department member recognizes a need for training that could be
accomplished through a Training Memo or video, or a shortcoming with a
current Training Memo or video, he should forward the
information/suggestion on a Form 17 through channels to Training Section.
Training Section:
1.
The Training Section Commander is responsible for determining the training
needs of the Department.
2.
Training Section will conduct an annual review of all Training Memos and
videos ensuring they are valid and current.
3.
Producing Training Memos and Videos
a.
Training Section will create/revise/delete Training Memos and videos
as a result of:
1)
A Form 17 from a Department member, endorsed and approved
by the Chief, suggesting a change in a current Training Memo or
video, or the need for an additional Training Memo or video.
2)
A determination by the Training Section Commander of a training
need that would be met most appropriately in a Training Memo or
video.
3)
An annual review of Training Memos and videos conducted at
Training Section.
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1
b.
c.
4.
13.101
When producing/revising Training Memos and videos, Training Section
will request input from the affected unit(s).
1)
The affected unit(s) will be responsible for providing information to
assist Training Section staff.
2)
Training Section will complete the final document to assure it
meets training guidelines.
Coordinate with Planning Section to ensure the concepts of the
Training Memo or video are not in conflict with current policy,
procedure, statutes, or ordinances.
Staffing the Training Memo
a.
When a Training Memo is written/revised, the Training Section will
request staffing, by Chief's memo, for comments from:
1)
Planning Section
2)
All Bureaus
3)
Fraternal Order of Police
4)
Other appropriate agencies outside the Department (for
coordination/input)
b.
After all staffing responses are received, they must be evaluated.
Retain all responses for future reference.
c.
Appropriate changes will be made as a result of the staffing process,
and submitted to the Police Chief for approval.
1)
5.
C.
If numerous or major changes are made as a result of the staffing
process, restaff the Training Memo as outlined in Section 4.a.
above.
Distribution
a.
After approval by the Police Chief, the new/revised Training Memo will
appear in the Department Staff Notes for official notification of
Department personnel.
b.
Training Section will ensure distribution to all sworn personnel.
c.
When a Training Memo is deleted, a Staff Note Item will be published
as official notification of Department personnel.
Master Training Memo Book:
1.
Training Section maintains the Department's Master Training Memo Book
containing:
a.
All current, valid Training Memos with revision dates.
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13.101
b.
2.
All deleted/invalidated Training Memos with dates of deletion and
notation briefly indicating reason for invalidation/deletion.
Each district/section in the Department maintains a book containing all
current and valid Training Memos.
Rev. 10/95, Replaces 1/84
3
13.105
13.105 REPORTING AND EVALUATING OFFICER'S
ACTIVITY
Reference:
Procedure 12.537 – Mobile Video/Digital Video Recording Equipment
Procedure 12.030 – Vehicles: Assignment, Use, and Maintenance
Purpose:
To provide a uniform system throughout the Police Department for maintaining
officer's activity records.
Policy:
Officers will accurately and thoroughly record their daily activity to maintain
integrity, community trust, and professionalism while performing their duties.
Procedure:
A.
B.
Specialists/Police Officers will:
1.
Take a Form 436A, Daily Activity Record, with them on patrol, fill in
with ink the identifying information, and make necessary entries as
calls for service are received and dispositions are obtained.
2.
Submit the Form 436A to the shift supervisor at the completion of the
officer's tour of duty.
3.
Complete activity reports according to unit Standard Operating
Procedure (SOP) when assigned to a specialized unit.
Supervisors will:
1.
Prior to the termination of the following workday, review for accuracy
and completeness all Forms 436A submitted the previous day.
Discuss any errors or performance deficiencies with the officer.
Should an error exist, have the necessary correction made by the
officer. Each shift will maintain a Form 436A file.
2.
Record activity entries onto a Form 436B, Monthly Composite Officer’s Daily Activity Record.
3.
Maintain Forms 436B in alphabetical order for the shift and make
them available to the officers for review upon request.
4.
Provide counseling when the need is recognized. Enter this action in
the space provided and sign and date the entry along with the officer.
5.
Submit Forms 436B to the unit commander at the end of each period
for approval. Record entries on a Form 436C, Patrol Officer's
Composite Activity Record.
Rev. 05/10/05, Replaces 3/25/02
1
13.105
6.
C.
D.
When an officer is transferred, send the Forms 436B and 436C to the
new unit along with the officer's Personnel Information Sheet. Retain
all Forms 436A in the original unit.
Forms 436A, 436B, and 436C
1.
Retain all Forms 436A, 436B, and 436C for the current and previous
year only.
2.
Individual specialized units may customize Forms 436A, 436B, and
436C to meet their specific needs.
Guide for Completing Form 436A, Side 1 - Activity Summary
1.
Officers assigned as partners may take equal credit for work
accomplished except as otherwise indicated in the following
instructions.
a.
Beat/Zone - Enter beat number and zone of each day's
assignment.
b.
Hours - List working hours along with partial time off in this
block; i.e. 1500-2300, 2VAC (2100-2300).
c.
Total Hours On Duty/Detail - Enter the actual number of hours
on duty. Behind the slash, record the amount of detail time.
Information contained in this space will only apply to fixed posts,
assigned details, and court attendance while on duty.
Supervisors will consider detail time when evaluating
performance.
d.
Vehicle Inspected By – Enter the name of the officer who
inspected the vehicle at the beginning and end of the shift.
e.
Service Calls/Administrative Calls - Enter the total number of
calls for service received from Police Communications Section
(PCS) where a direct task is required. This does not include
such runs as Signals "55," "1," or "2" unless these calls result in
a direct task. Do not score if a run was disregarded. Below the
slash, enter the number of administrative calls. Mail run,
property run, pickup subpoenas, or pickup supplies are
examples. Do not double score with radio runs.
Rev. 05/10/05, Replaces 3/25/02
2
13.105
f.
Activity:
1)
Felony Arrests/Co-op – Above the slash, list the number of
felony arrests made. Any computer "hits" on warrants
resulting in a physical arrest may be scored. Below the
slash, include all felony arrests in which the officer supplied
information leading to the arrest or developed evidence
pertaining to the arrest. Include prisoner pickups from
other departments/agencies. Record the name, address,
charge, and warrant number, if applicable, in the
Arrest/Investigatory Stops section. Only the officers
making the arrest will score.
2)
Misd. Arrests/Co-op – Above the slash, list the number of
misdemeanor arrests made. Include OVI, driver's license
violations, and minor misdemeanors in this space. Any
computer "hits" on warrants resulting in a physical arrest or
citation may be scored. Below the slash, include all
misdemeanor arrests in which the officer supplied
information leading to the arrest or developed evidence
pertaining to the arrest. Include prisoner pickup from other
departments/agencies. Record the name, address,
charge, and warrant number, if applicable, in the
Arrest/Investigatory Stops section. Only officers making
the arrest will score.
3)
Truants/Curfew Viol. – Above the slash, record the number
of truants picked up. Below the slash, record the number
of curfew violations issued.
4)
Cases Cleared: Fel./Misd. – Above the slash, record the
number of felony cases cleared. Below the slash, record
the number of misdemeanor cases cleared. Include all
cases closed except for "Investigation Pending." Do not
score missing persons returned or auto larcenies
recovered, without an arrest, as a cleared case.
5)
Offense Inv./Closed – Above the slash, record the number
of original or follow-up offense reports investigated. Below
the slash, record the number of cases closed.
6)
Crimes Disc./Vice Arrests – Above the slash, record the
number of crimes discovered through the officer's individual
efforts. Any crime requiring an offense report that is
discovered by the officer may be recorded in this space.
Do not list those crimes that are a result of a service call or
similar second party information. Below the slash, indicate
the number of vice arrests made. Also score these arrests
in Items 1) or 2).
Rev. 05/10/05, Replaces 3/25/02
3
13.105
7)
OVI Arrests/Processed – Above the slash, record the
number of persons arrested for operating a vehicle under
the influence (score also in Item 2). Below the slash,
record the number of persons processed/tested for OVI
violations only if the officer is an intoxilyzer operator.
Record the name, address, and charge in the space
provided. The processing officer may take credit for a Coop arrest; however, the arresting officer does not take
credit for intoxilyzer processing.
8)
Reports Made - Score the number of all reports made
during the shift (Form 301, Form 316, etc.).
9)
Form 306 (Prev. Pat. Rpt.) - Record the number of
Preventive Patrol Reports issued.
10) MUTTs/Radar-Laser – Above the slash, record the number
of traffic violations resulting in an arrest or citation. Include
juvenile traffic arrests and citations. Partners will take
credit when a physical arrest is made or an auto crash is
investigated. Below the slash, record the number of
speeding violations written using radar or laser.
11) Crash Reports/Citations – Above the slash, record the
number of Forms OH-1, Ohio Traffic Crash Report
investigated. Below the slash, record the number of Forms
OH-1 made which resulted in a citation.
NOTE:
Score no more than one arrest or citation for
each accident in this space. All arrests and
citations occurring in connection with a crash
report will also be scored in their appropriate
place.
12) Forms 318 - Record the number of Forms 318 made.
13) Ped. Viol.: Adult/Juv. – Above the slash, list the number of
adult offenders resulting in citation or referral. Below the
slash, list the number of juvenile offenders resulting in
citation or referral. Partners will take credit when a physical
arrest is made.
14) CPIs - Record the number of parking infractions issued.
Partners do not take credit for parking infractions.
15) Auto Recovery - Record the number of auto larcenies or
unauthorized use vehicles recovered.
16) Autos Towed - Record all autos towed during the shift.
Include auto crashes, delinquents, parking infractions, etc.
Rev. 05/10/05, Replaces 3/25/02
4
13.105
17) Invest. Stops/Contact Cards – Above the slash, record the
number of investigatory stops (reasonable suspicion to
believe a citizen is committing or has committed a crime).
Record the name and address of each person stopped for
this purpose in the space provided. Below the slash,
record the number of Forms 534, Contact Card completed.
18) PFO/Assists – Above the slash, record the number of
places found open as a result of the officer's individual
efforts. Only the discovering officer and partner take credit
for the PFO. Below the slash, other responding officers
take credit for an assist. Complete a Form 317, Cincinnati
Police General Conditions Report, if no offense is
recorded.
19) Warr.-Sub. Served/Unable – Above the slash, record the
number of warrants or subpoenas served. Below the
slash, record the number of warrants or subpoenas
returned unable to serve.
20) Forms 305 Inv./Dir.Pat. – Above the slash, record the
number of Forms 305, Complaint Report, investigated
during the tour of duty. Below the slash, record the number
of directed patrol investigations made.
21) Referrals/Problems Identified – Above the slash, record
situations coming to the attention of an officer where
private or government agencies could be of assistance;
i.e., YMCA, Private Complaint, Salvation Army, 241-KIDS.
Below the slash, record the number of community
problems identified and recorded on a Form 560,
Community Problem Solving Worksheet.
22) Foot/Bike Patrol Hours – Above the slash, record the
number of hours spent on foot patrol. This does not
include time spent out of the vehicle on routine radio runs.
It does include time spent on dismounted “directed patrol.”
Below the slash, record the number of hours spent on bike
patrol.
23) Public App./Community Council Meetings – Above the
slash, record the number of gatherings attended, in an
official capacity, to address the concerns of or to relay
information to schools, youth organizations, businesses,
etc. Below the slash, record the number of community
council meetings attended.
24) Court Appearances – Record the number of court
appearances attended on-duty or off-duty.
Rev. 05/10/05, Replaces 3/25/02
5
13.105
g.
In-car Camera Check:
1)
h.
Notes:
1)
E.
Record the results of the Mobile Video/Digital Video
Recording Equipment inspection. Record any tape/disc
change along with the reason for the change and the name
of the supervisor who changed the tape/disc.
List any traffic posts worked, foot patrol, etc.
Guide for Completing Form 436A, Side 2 - Service Calls:
1.
Officers must log complete information concerning calls for service
and all action requiring out-of-service time (Signal 27).
a.
Rec’d - Enter the exact time the radio or MDT run is received
from PCS.
b.
26 - Enter the time when service is completed for that particular
dispatch.
c.
Name - Enter the name of the complainant whenever possible.
If no complainant is found or appropriate, enter the name of the
victim or suspect.
d.
Location - Enter the exact address of the radio run. Make any
corrections to dispatched address, if necessary, and notify PCS
of the change.
e.
Nature - Enter specific information from the dispatcher on the
nature of the run, including specific code number or signal.
f.
Disposition - Enter as much information as necessary to
adequately describe the service rendered or action taken.
1)
Disposition should be comprehensive enough to allow a
supervisor to immediately determine what action was
taken: advice given, reports made, arrests, or pending
activities resulting from this run.
2)
If given a disregard on the run, indicate by whom (PCS,
district, another beat car) and indicate which car took the
run. Do not score disregards as runs in Item 4.
Rev. 05/10/05, Replaces 3/25/02
6
12.825
12.825 COMPENSATORY TIME AND PAID OVERTIME
Reference:
Cincinnati Municipal Code (CMC) - Chapter 308 - Employment Regulations
FOP/City Labor Agreement - Sections 2, 8, 12, & 25
AFSCME/City Labor Agreement - Articles 14 and 15
CODE/City Labor Agreement – Article 15
City of Cincinnati Overtime Policy
Procedure 12.815 - Court Appearances, Jury Duty, and Other Hearings
Procedure 12.820 - Compensation for Court Attendance, Hearings and Other
Administrative Recalls
Procedure 12.826 - Processing Payroll/Timekeeping
Payroll Storage System Users Manual
Definitions:
Increment Overtime – Overtime request for pay or time for activities that are
relative to routine Departmental operations. Routine activities which meet one of
the criteria for Contingency Overtime will be classified as Contingency Overtime.
Contingency Overtime – Overtime request for pay or time submitted and
approved in advance. Contingency Overtime will be either non-routine,
specifically funded (such as council mandated PVO), or project activities (such
as special investigations or sweep operations). All overtime pertaining to a
SWAT operation/incident will be classified as Contingency.
Reimbursable Overtime – Contingency overtime that requires payment from an
outside source, i.e., Enterprise Services, grant monies, Ohio Department of
Transportation, etc.
Purpose:
Establish a procedure for administering, documenting, and processing records
concerning compensatory time.
Ensure compliance with the Fair Labor Standards Act (FLSA) for non-exempt
sworn and non-exempt non-sworn employees, as mandated by federal statute.
Policy:
Court, Off/Dead, Increment, and Contingency are the only categories that are
acceptable for the submission of paid overtime. Contingency overtime may only
be used if it has been pre-approved by the Police Chief or is allocated in the
current budget.
Rev. 02/24/09, Replaces 06/20/06
1
12.825
Avoid overtime whenever possible. All personnel will strive to reduce overtime
hours worked.
Supervisors will consider the use of on-duty personnel or will adjust the
employee’s hours rather than scheduling overtime, if contractually permissible.
Pertinent provisions of the contract dealing with shift separation and shift
changes must also be considered.
A supervisor will pre-approve all scheduled, unscheduled, emergency, and nonemergency overtime.
Police Department personnel, both sworn and non-sworn, who work more than
eight hours in one day or more than forty hours in one week (seven day period)
will be compensated according to contract or memorandum of agreement.
All compensatory time will be recorded as directed in this procedure. Unrecorded
time is strictly prohibited.
Department personnel will be compensated for holidays according to current
Fraternal Order of Police (FOP), American Federation of State, County, and
Municipal Employees (AFSCME), and Cincinnati Organized and Dedicated
Employees (CODE) contracts, and CMC Section 308-9. Sworn personnel
receive 120 hours compensatory time on January 1 each year instead of holiday
pay. Holidays are treated as any other day.
Annually, each sworn member will have up to three compensatory hours
deducted from their time and deposited in the FOP donated time bank. The
amount of time deducted is at the discretion of the FOP President.
Personnel will be compensated only for increment overtime previously authorized
by their supervisor, except in extreme emergencies.
Information:
FLSA exempt sworn employees include sergeants, lieutenants, captains, assistant
chiefs, and the Police Chief. FLSA non-exempt sworn employees include police
officers and specialists. FLSA non-exempt sworn employees are capped after
accumulating 480 FLSA compensatory hours. This does not include the 120 hour
annual holiday allowance. When the 480 hour cap is reached, all additional
overtime, including compensatory time, is compensated by cash payment. The
480 hour cap is revolving. It does not end except when employment is terminated.
All comp-time eligible, non-sworn employees, whether FLSA exempt or nonexempt, are capped after accumulating 80 FLSA compensatory hours.
Rev. 02/24/09, Replaces 06/20/06
2
12.825
Conditions may exist which require an employee to perform a work related
function outside of the normally established business hours of that employee. If
this occurs, all CODE, Division 0 (non-CODE), and Division 8 employees may
adjust their schedules to use these hours as time off within the same pay period.
Supervisors will make every effort to ensure flex time is used in the same pay
period it is earned. If circumstances do not permit the eligible employee to use
the time within the same pay period, the employee may accrue flex time at a
straight rate. Flex time may only be accrued past the pay period with the prior
approval of the employee’s supervisor. Only non-overtime eligible CODE,
Division 0 (non-CODE), and Division 8 employees may accrue flex time.
Absent extenuating circumstances, the supervisor will require the employee to
use any accrued flex time within the next pay period. When this is not possible,
a plan should be established to use accrued flex time as soon as possible.
Unused flex time may not be carried longer than 6 months.
Employees who accrue flex time will submit a Form 202F, Flex Time
Accrual/Usage of Flex Time, signed by a supervisor, to Finance Management
Section via the chain of command. A copy of the Form 202F will accompany the
nd
Form 202C, Weekly Time Report, submitted at the end of the 2 week of the
pay period. A Form 202F is not required if the overtime hours are used within
the same pay period.
Flex time will not be used as a way to allow employees to accumulate time for
future use. Additionally, flex time will have no cash value under any
circumstances.
All non-sworn employees will complete a Form 202C. Employees whose
working hours are listed on a daily line-up are not required to complete a Form
202C unless they are eligible for flex time.
Procedure:
A.
Overtime Compensation
1.
Personnel working overtime will complete and submit a Form 68P,
Overtime and Court Appearance Report, by the end of the next
working day. Authorization must be given prior to working the
overtime.
a.
Check “Time” or “Pay” on the Form 68P.
b.
In cases of increment overtime, the supervisor authorizing the
overtime will sign the Form 68P in the “Overtime pre-approved
by” block. At the time of authorization, if the authorizing
Rev. 02/24/09, Replaces 06/20/06
3
12.825
supervisor is physically unable to sign the Form 68P,
authorization must be given in one of the following ways:
1)
Via MDC from the supervisor to the officer.
2)
Via radio if the officer has no access to an MDC.
3)
Via phone only when there is no immediate access to an
MDC or radio.
a)
If authorization is obtained by phone, the authorizing
supervisor must sign the Form 68P in the “Overtime
pre-approved by” block prior to submission.
c.
In cases of contingency or reimbursable overtime, such as
details assigned by Detail Coordination Unit (DCU), preplanned
City paid details, SWAT incidents, etc., no signature is required.
However, the name of the unit, i.e., DCU, or the supervisor
authorizing the overtime will be entered in the “Overtime preapproved by” block.
d.
List scheduled duty hours in the “Duty hours” block. The
overtime hours are listed in the “Overtime hours” block.
e.
In the “Reason” block describe the activity requiring the
overtime.
f.
A supervisor will sign the “Verified by” line on the Form 68P after
verifying the overtime worked and the accuracy and
completeness of the form.
2.
Report “Recall” as defined in the FOP and AFSCME labor
agreements.
3.
If overtime is contingency overtime, a Form 17, Request for Paid
Overtime, must be previously approved.
4.
The unit timekeeper will enter the overtime hours worked as outlined
in the Payroll Storage System Users Manual.
a.
5.
File the Form 68P in the employee’s individual time folder along
with all Form 25S, Request for Leave of Absence.
The district/section/unit commander will review and approve all Forms
68P.
Rev. 02/24/09, Replaces 06/20/06
4
12.825
B.
Form 435, Payroll Overtime Report
1.
Each district/section/unit commander will review all usage of overtime
as recorded on the Form 435 and note his approval in the space
provided.
2.
The original Form 435 will be forwarded to Finance Management
Section.
a.
Post a copy on the unit bulletin board for employee review.
b.
Maintain a copy in the unit file.
3.
Document “Recall” hours on a separate Form 435.
4.
Other classes of paid overtime listed on a separate Form 435 include,
but are not limited to:
a.
Overtime, Emergency - state the specific reason.
b.
Overtime, Interdepartmental Billing - details worked for other city
departments.
c.
Overtime, Position Vacancy.
Note:
C.
A Form 17 Request for Paid Overtime is required, if applicable.
Other Overtime
1.
Court appearance compensation - refer to Procedures 12.815 and
12.820.
2.
Holiday time
a.
Compensate non-sworn employees who work on a holiday for
pay at double their hourly rate in addition to the eight hours pay
ordinarily received when working a non-holiday.
1)
Submit a Form 68P showing the scheduled duty hours in
the "Duty hours" and "Overtime hours" blocks. The
timekeeper will fill in the "Overtime for pay" block showing
the hours earned. Note "Worked Holiday" (specifying
which holiday) in the "Reason" block.
Rev. 02/24/09, Replaces 06/20/06
5
12.825
D.
3.
All sworn members of the Department will receive any additional time
declared for each special holiday throughout the year. The authority
to grant a special holiday rests with the City Manager.
4.
Flex time accrual/usage
a.
Employees accruing and/or using flex time will complete a Form
202F and submit it to a supervisor for signature.
b.
A copy of the Form 202F (covering the entire pay period) will be
attached to the Form 202C submitted at the end of the 2nd week
of the pay period.
c.
The original Form 202F will be sent to Finance Management
Section, via the chain of command, for processing.
Transfer of Personnel
1.
Units transferring personnel in or out of a unit will ensure that all
Forms 25S and Forms 68P have been entered. The procedure
outlined in the Automated Comp-Time Program User’s Manual will
then be followed.
Rev. 02/24/09, Replaces 06/20/06
6
13.107
13.107 EVALUATION SUPPLEMENT LOG
Reference:
FOP/City Labor Agreement
AFSCME/City Labor Agreement
CODE/City Labor Agreement
Procedure 14.200 - Information Technology
Procedure 16.111 - Employee Tracking Solution
Purpose:
Document positive employee work performance, training, and corrective action.
Assist with the development and evaluation of personnel. Track employee
interventions and the intervention progress within the Employee Tracking Solution.
Policy:
An Evaluation Supplement Log (ESL), will be maintained on all sworn and non-sworn
employees. ESLs will be maintained in the Employee Tracking Solution (ETS).
Supervisors will utilize these entries to document positive and/or negative
personnel performance, plans of actions or interventions to enhance
performance, and for use as supporting documentation related to employee
evaluation. When the intervention includes a referral to an outside agency
(Public Employees Assistance Program, police psychologist, etc.) only the name
of the agency will be listed. The reason for the referral will be outlined in the
employee’s medical jacket maintained at Personnel Section. Authorized
employees may access the medical jacket by contacting Personnel Section.
Information:
Interventions can occur as a result of any incident or identification of a pattern
requiring attention. Employees will be evaluated according to a comparison with
employees in their organizational group. Should this evaluation reveal that an
officer’s activity exceeds or falls short of established thresholds, an intervention
may occur. Any of the following are considered an intervention and will be
documented in the employee’s ESL:
•
•
•
•
•
•
•
•
Review;
Counseling;
Training;
Referral to outside services such as, Public Employees Assistance
Program (PEAP), police psychologist, etc, (list only the agency name);
Monitoring plan – documented action plan with set reporting intervals;
Reassignment;
Discipline;
Other or any combination of the above.
Rev. 04/25/06, Replaces 3/00
1
13.107
Procedure:
A.
ESL Format
1.
Every ESL entry will be entered into ETS.
a.
Give full details, including date of occurrence, and description of
the incident or action generating the ESL entry.
1)
Include reference document, offense number, tag number,
name, etc., if applicable.
2)
Include the date the incident or action occurred. For
example, on 03/01/06, Officer Jones responded to an
Aggravated Robbery, Incident #50A1100201, made the
initial report, recovered victim's property, recovered the
weapon used, arrested the suspect, Marcus Smith, and
elicited a confession from suspect.
b.
When describing the supervisory action taken, a one or two word
entry is acceptable, i.e., commended, officer advised,
counseled. If the action is documenting an intervention plan, a
brief description of that plan or the name of the outside agency
must be noted.
c.
Record the date the employee was notified of the ESL entry.
d.
Employee badge number and initials
1)
2)
A supervisor will request the employee log in to ETS and
review the ESL.
a)
Make the request for the employee to review the entry
as soon as possible from the date of entry.
b)
The review will take place in the presence of the
reviewing supervisor.
The employee will be asked to enter their initials and badge
number (if applicable) to acknowledge they have been
notified the ESL entry was made.
a)
If the employee refuses to initial a disciplinary or
corrective entry, another supervisor must witness the
refusal. The witnessing supervisor’s name will be
noted in the Action Taken area. The reviewing
supervisor must type the word “refused” in the
Employee Initial field indicating the employee refused
to initial the ESL, regardless of the nature.
Rev. 04/25/06, Replaces 3/00
2
13.107
4)
B.
e.
Supervisors who initiate an ESL entry or review an ESL entry
with an employee will enter their initials and badge number.
f.
Further Disposition
1)
If a single incident or a series of incidents result in other
action taken at a later date, note the specific action taken
in this field, i.e., official commendation, written reprimand,
etc.
2)
Reports (Forms 17, 90SP, 91SP, etc.) submitted indicating
that an ESL entry was made will accompany the ESL in the
case folder.
a)
The ESL will be attached to the original ETS case, if
appropriate, by “Add ESL”.
b)
If a hard copy of the ESL is needed for a document
outside of ETS, the ESL will be printed and attached.
Supervisor Responsibilities
1.
The ESL will be work-flowed to the employee when the supervisor is
ready to review it with the employee. The review must take place as
soon as possible from the date of entry.
a.
C.
Employees are not permitted to write a rebuttal or
comments on the ESL form. Employees do have a right to
submit an explanation or rebuttal on a Form 17, which will
be scanned and attached to the ESL case folder as a
document. The original Form 17 will be routed through the
chain of command.
The review will take place in the presence of the supervisor who
prepared the ESL. If a different supervisor is going to review the
ESL with the employee, the ESL must first be work-flowed to the
reviewing supervisor.
2.
District/section/unit commanders will finalize all ESL entries.
3.
The relief or unit officer in charge will check entries regularly for
accuracy.
4.
First line supervisors will review the ESL in conjunction with the
monthly worksheet review.
Review of ESL Entries
1.
ESL entries may be accessed by:
a.
Employees – employees may review their ESL via ETS at any
time.
Rev. 04/25/06, Replaces 3/00
3
13.107
b.
District/section/unit commanders and supervisors to whom the
employee is assigned.
c.
Personnel Section.
d.
Internal Investigations Section.
e.
Inspections Section.
f.
Assistant Police Chiefs.
g.
Police Chief and/or designee.
Rev. 04/25/06, Replaces 3/00
4
13.109
13.109 FIXED SHIFT ASSIGNMENTS
Reference:
FOP/City Labor Agreement
Standards Manual - 16 and 41
Definitions:
Shift - A fixed period of time a group of district patrol officers and supervisors
work. Shifts are designated by the general period of time in which they work,
i.e., first shift, second shift, third shift.
Purpose:
To establish a standard for the selection and assignment of district uniformed
patrol personnel to fixed shifts.
To facilitate the efficient and effective use of personnel.
Procedure:
A.
Shift Selection Process:
1.
The shift selection process will begin on or about November 1 each
year.
a.
B.
Officers will submit a Shift Selection Form (Form 439) to their
immediate supervisor no later than November 20 each year.
2.
The district commander will post the shift assignments no later than
December seventh.
3.
Shift change will take place at the beginning of the first four week
period on or after January first of each year.
Shift Selection:
1.
Shift selection requests will be processed by seniority, as measured
by the police officer's date of appointment as a police recruit to the
date of the yearly January shift change date.
a.
Police officers and specialists will be assigned to the shift of their
preference by seniority.
b.
Police officers assigned to uniform patrol with less than three
years seniority will be assigned to a shift by the district
commander.
c.
The district commander will make every effort to use this three
year period to expose these officers to daytime, afternoon, and
night policing.
Rev. 10/96, Replaces 9/95
1
13.109
2.
C.
Sergeants with less than one year seniority in rank will be assigned to
a shift by the district commander.
a.
Seniority will be measured by the sergeant's appointment date to
the date of the yearly shift change date.
b.
The district commander will make every effort to ensure the
newest sergeants are not grouped on one shift.
3.
The district commander will determine the number of officers from
each rank to be assigned to each shift.
4.
Sergeants and lieutenants, except as noted above, will be assigned to
the shift of their preference by seniority.
5.
Police officers, specialists, sergeants, and lieutenants may be
assigned by the Chief to shifts, based upon the needs of the
department.
Traditional Shifts:
1.
Each district will field three traditional shifts and at least one, but not
more than two, power shifts.
a.
First shift starting times will be 0600 and/or 0700 hours.
b.
Second shift starting times will be 1400 and/or 1500 hours.
c.
Third shift starting times will be 2200 and/or 2300 hours.
d.
Early power shift starting time will be anywhere between 1000
and 1300 hours.
e.
Late power shift starting time will be anywhere between 1800
and 2100 hours.
2.
The district commander may adjust the starting times of the power
shifts as needed during the year. Proper notice, as provided by the
labor agreement, must be made of changes in starting times.
3.
Personnel will remain on their assigned shift until the next selection
period unless circumstances necessitate changes as determined by
the district commander.
a.
Personnel assigned, transferred in, or recalled from layoff will be
assigned to a shift by seniority.
b.
Normal duty hours may be changed temporarily for special
events, training, emergencies, etc.
c.
If it is necessary to change the number of officers assigned to a
shift for any reason, seniority will be used in assigning the
officers.
Rev. 10/96, Replaces 9/95
2
13.109
4.
1)
Seniority will also be used if too many requests are
received for a shift.
2)
Reverse seniority will be used if not enough requests are
received to fill a shift.
When a vacancy needs to be filled on a shift, the district commander
will review the Forms 439A, 439B, and 439C submitted by his officers
during the annual shift selection period. The most senior officer
requesting assignment to the shift will receive the shift assignment.
This process will continue until all positions are filled or until the
candidate pool is exhausted.
a.
An officer who declines a subsequent offer of a shift assignment
he initially requested, but lacked seniority to receive, will be
considered satisfied, and forfeits his seniority pick for the
remainder of the selection period.
ALL REFERENCES TO EIGHT SQUAD PLAN HAVE BEEN DELETED.
Rev. 10/96, Replaces 9/95
3
13.110
13.110 ASSIGNMENT, ROTATION AND TRANSFER OF
PERSONNEL
References:
Procedure 13.100 – Field Training Officer Program
Procedure 13.112 – Assignment Availability Selection Process
FOP/City Labor Agreement
Policy:
Personnel will be assigned with the primary purpose of providing adequate
service in all units. Experience and qualifications of individuals will guide
selection.
Procedure:
A.
Assignment and rotation
1.
B.
Upon graduation from the recruit training program, police officers will
be assigned to field units; the Patrol Bureau will implement and
maintain administration of this process (refer to 13.100, section B.2.).
a.
The probationary police officers will be given at least two district
assignments in their first three years with the Police Department.
b.
A member may be transferred to provide additional stimulus or
afford new experience, when an administrative evaluation
indicates such action.
c.
As a general rule, the first assignment will be not less than one
nor more than two years.
Transfer
1.
Upon request of a district/section/unit commander, extension of a
specific assignment within the three year time span may be granted
after a review of special or extraordinary job skills or active
involvement in a significant investigation or program.
2
At the completion of the unit tour, an evaluation of the individual will be
made by the shift supervisors with any comments from the district
commander relating to individual activities, qualities and capabilities.
3.
Requests for transfer prior to completion of the three year cycle will
not be honored except for reasons of urgency upon the approval of
the Police Chief.
a.
Requests for transfer, three years from the date of first district
assignment, will be given administrative consideration after
submission through channels to the Police Chief's Office.
Rev. 12/02/03 Replaces 12/86
1
4.
b.
13.110
Special or temporary transfers of personnel for purposes other
than training will not affect the rotation policy.
c.
Under ordinary circumstances, transfers will not be made for
disciplinary purposes.
After individuals have completed their rotation cycle, their personal
preference in assignment will be given consideration to whatever
extent is consistent with Department policy.
a.
Members desiring transfer to other assignments will submit a
Form 17 to the Personnel Section stating reasons for request
and any special experience or qualifications they may have.
b.
When members in two or more units agree to request mutual
transfers, each individual shall submit a separate Form 17
naming the person with whom agreement has been made and
units to which they are assigned.
5.
District/Section/Unit commanders will briefly comment on all requests
for transfer and forward to the Personnel Section.
6.
Personnel wishing to withdraw transfer requests may submit a
canceling Form 17 at any time.
7.
District/Section/Unit commanders, subject to the approval of the
bureau commander, will exercise discretion in the employment of
personnel assigned to their units.
8.
When it proves impracticable to honor transfer requests within one
year on their dates, such requests will be voided.
a.
C.
Members may resubmit requests not granted within a year.
Temporary Assignments
1.
Department needs may dictate the temporary assignment of
Department personnel.
2.
The Police Chief determines:
a.
The positions eligible for temporary assignment.
b.
The duration of any temporary assignment (generally six
months).
c.
The job specific selection criteria.
d.
The selection procedure. It will usually follow the specialized
assignment application procedure set forth in Procedure 13.112.
Rev. 12/02/03 Replaces 12/86
2
13.110
3.
Restricted Duty Personnel
a.
Department needs may dictate the temporary
suspension of an officer’s police powers.
b.
An officer on restricted duty may not leave the facility
where he is assigned during his tour of duty, unless
accompanied by a supervisor.
Rev. 12/02/03 Replaces 12/86
3
13.112
13.112 ASSIGNMENT AVAILABILITY SELECTION PROCESS
Reference:
FOP/City Labor Agreement
Procedure 13.110 - Assignment, Rotation and Transfer of Personnel
Purpose:
Provide an objective method of selecting officers for assignment availabilities.
Provide officers the opportunity to broaden their experience within these
assignments and to emphasize the importance of uniformed patrol.
Information:
Assignment availability openings shall be categorized by job classifications in the
following manner:
•
•
•
•
Investigative Assignment
Administrative Assignment
Technical Assignment
Patrol Support Assignment (i.e.; Neighborhood officer, bike patrol officer,
traffic unit, canine squad, mounted squad)
Policy:
Select personnel for assignment availabilities in a fair and equitable manner and
meet the needs of the Police Department.
Job criteria (service tenure, special skills, etc.) will be listed in the “Assignment
Availability” vacancy notice.
Procedure:
A.
Assignment Availability
1.
All district, section, and unit openings which fall under the above listed
categories will be published in the Department staff notes.
2.
When an applicable vacancy occurs within a district/section/unit, the
district/section/unit commander will forward a written request to the
Police Chief for approval to post a vacancy notice including the job
description.
a.
The Police Chief's Office will notify Police Personnel Section
when a vacancy notice is to be posted.
1)
The vacancy notice will include the following information:
a)
The expiration date for all applications, which will be
10 days after being published in the Staff Notes.
Rev. 5/20/03 Replaces 10/29/02
1
13.112
b)
B.
2)
The posting and notice of assignment vacancies will
conform with Article VIII (Publication of Assignment
Availability) of the current FOP labor contract.
3)
After the closing date, Personnel Section will forward all
applications received to the appropriate district/section/unit
commander and the affected bureau commander.
4)
Notice of a vacancy, or even the selection process, does
not guarantee that a position will be filled. At any time
during the process, the open position may be phased out
or otherwise eliminated. The open position may also
remain unfilled and open for an indefinite period.
5)
Personnel Section will keep applications on file for one
year.
Application for Vacancy
1.
Personnel who feel they qualify for the assignment, and wish to be
considered, will submit a completed Assignment Availability
Application Form (Form 77).
2.
Make all application forms in duplicate and process as follows:
3.
a.
Submit the original application directly to Personnel Section.
b.
Submit the copy to the applicant's immediate supervisor.
1)
Supervisors and district/section/unit commanders will type
appropriate comments on the application form.
2)
Forward the form 77 to Personnel Section through the
normal chain of command.
Applications will not be accepted after the expiration date, unless
there are exigent circumstances.
a.
C.
Minimum requirements designated by the
district/section/unit commander and approved by the
Police Chief.
Personnel Section will keep the original application on file for
tracking and future analysis.
Process for Selecting Police Officers, Specialists, Sergeants, and
Lieutenants
1.
The district/section/unit commander will review and consider the
following mandatory information for each applicant:
a.
Seniority
b.
Diversity needs of the unit
Rev. 5/20/03 Replaces 10/29/02
2
13.112
c.
d.
Personnel jacket information
2)
Internal Investigations Section Profile record of the past
three years
Verification of information on application form
The district/section/unit commander or his/her designee will interview
each applicant that meets the criteria.
3.
The district/section/unit commander with the vacancy will make a
recommendation to his bureau commander. The bureau commander
will make a recommendation to the Police Chief.
5.
a.
Bureaus, districts, sections, and units may choose to perform
other testing before making a recommendation for selection (e.g.
physical agility test for canine handler, etc.)
b.
The bureau/district/section/unit commander may recommend a
different officer.
The Police Chief has final review authority and will make all
selections. He will notify Personnel Section when the selection is
made. All applications will be returned to Personnel Section.
a.
Personnel Section will immediately notify the affected
district/section/unit commander and the officer selected.
b.
Personnel Section will note all transfers in the Personnel Jacket
of the affected officer.
Nothing in this selection process prohibits the Police Chief from
selecting any officer to fill the vacancy.
District/section/unit internal transfers
1.
E.
1)
2.
4.
D.
“Employee Performance Profile”
Districts/sections/units may make internal transfers only upon
approval of the Police Chief.
a.
The district/section/unit commander will post the assignment
availability as outlined in section A.2.
b.
District/section/unit commanders must notify the Personnel
Section of all internal transfers by forwarding a Form 17 to the
Personnel Section Director.
Effect of Promotions
1.
Any specialist or police officer promoted to sergeant will serve one
year in a district, uniformed, shift/squad capacity before applying for
an assignment, unless otherwise directed by the Police Chief.
Rev. 5/20/03 Replaces 10/29/02
3
13.112
F.
Transfer Notices
1.
Personnel will be notified at least ten days in advance of a transfer
unless there are extenuating circumstances.
Rev. 5/20/03 Replaces 10/29/02
4
13.113
13.113 CIVILIAN ASSIGNMENT AVAILABILITY
Definition:
A civilian is any city employee assigned to the Cincinnati Police Department who
is not a sworn police officer.
Policy:
It is the policy of the Cincinnati Police Department to treat personnel in a fair and
equitable manner. The Police Department should be sensitive to the needs of
civilian personnel.
Purpose:
Provide a system for selecting qualified civilian personnel to fill vacant civilian
positions.
Provide steps for filling civilian vacancies within the Police Department and
provide for increased transfer and promotional opportunities for current Police
Department civilian employees.
Procedure:
A.
Notification of Assignment Availability:
1.
The district/section/unit commander is responsible for notifying Police
Personnel Section when a vacant position exists or is expected to
occur. The district/section/unit commander will forward a written
request to the Police Chief for his approval to post an assignment
availability notice.
2.
The assignment availability will include the following information:
3.
a.
Classification title
b.
District/section/unit of vacancy
c.
District/section/unit commander
d.
Qualifications and duties
e.
Work hours
Notification of the assignment availability will be in the following
manner:
a.
Published in the next available Staff Notes.
b.
Posted in a prominent location for ten days.
c.
Distributed by the district/section/unit commanders or a designee
to the civilian personnel under their command.
Rev. 8/99, Replaces 2/97
1
13.113
B.
Application for Vacancy:
1.
Personnel who feel they qualify for the assignment availability, and
wish to be considered, will submit a completed Cincinnati Police
Department Civilian Assignment Availability (Form 78) prior to the
expiration date.
a.
2.
Requests received after the expiration date will not be
considered unless extenuating circumstances exist and have
been documented by the employee's immediate supervisor and
the district/section/unit commander.
Make all application forms in duplicate and process as follows:
a.
Submit original application directly to Police Personnel Section.
b.
Submit the copy to the applicant's immediate supervisor.
1)
Supervisors and district/section/unit commanders will note
appropriate comments on the application form.
2)
Forward to Police Personnel Section through the chain of
command.
c.
Police Personnel Section will retain the original application on
file for tracking and future analysis.
d.
Police Personnel Section will forward a copy of all requests
received to the district/section/unit commander where the
vacancy has occurred.
1)
3.
A second copy will also be forwarded to the
district/section/unit's bureau commander.
If there are ten or less applications, all applicants will be interviewed.
If there are more than ten applications, the district/section/unit
commander or a designee will rank the top ten applicants for
interviews.
a.
For security purposes, a minimum of a records check will be
conducted on an applicant who is transferred into the
Department; is promoted into the Department from another city
department; or is a new hire to the city. Generally, the
Recruiting Unit conducts background investigations on all sworn
and civilian employees with the exception of entry-level clerks.
1)
b.
The affected district/section/unit commander will ensure
that a criminal history check has been completed and the
results are noted on the Form 17 requesting the employee
be transferred to that district/section unit.
If interviews are necessary, the district/section/unit commander
or a designee will schedule and conduct them.
Rev. 8/99, Replaces 2/97
2
13.113
c.
The district/section/unit commander or a designee will evaluate
all interviews.
4.
The district/section/unit commander, after all interviews have been
completed and a selection made, will submit his selection request,
through the chain of command, to the Police Chief for approval.
5.
The Police Chief has final review authority of all selections. He will
notify Police Personnel Section when the selection is made.
a.
6.
Police Personnel Section will notify the affected
district/section/unit commander.
Police Personnel Section will notify all applicants of the decision.
a.
Applicants may contact the district/section/unit commander for
input on how the decision was reached.
Rev. 8/99, Replaces 2/97
3
13.115
13.115 OUTSIDE TRAINING PROGRAMS/COLLEGE
TRAINING
Reference:
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Cincinnati Organized and Dedicated Employees (CODE) Agreement
Procedure 12.817 - Court Management System (CMS)
Procedure 16.125 - Travel on City Business
Human Resources Policies and Procedures – Section 3.4
Administrative Regulation #13 - Travel Outside of Cincinnati on City Business
Requiring an Overnight Stay
Information:
Outside training includes job-related conventions, professional conferences,
workshops, seminars, and special training events sponsored by agencies other
than the Cincinnati Police Department. Exempt from this procedure are City of
Cincinnati sponsored seminars of several hours to one day duration covering a
limited subject such as payroll preparation, personnel related forms or processes,
Equal Employment Opportunities matters, etc. Also exempt from this procedure
are Department personnel attending college or training on their own time and at
their own expense.
Policy:
Officers, who will be out of town on City Business, must review the Court
Management System and report the days they will be unavailable for court to
their immediate supervisor, who will enter the information into the CMS.
Procedure:
A.
Evaluating Training Requests
1.
Training requests are evaluated using the following criteria:
a.
Is there need for the training?
b.
Will the employee and/or Department benefit from this training?
c.
Are funds available?
d.
Is the training job related? If not, is it related to the applicant's
career plan?
e.
Does the Training Section already provide this training? Is the
same quality training available elsewhere at a more reasonable
cost?
f.
Have others in the same unit attended this training?
Rev. 11/11/08, Replaces 02/26/08
1
13.115
B.
Order for Processing the Outside Training Request Packet
1.
Applicant.
2.
Immediate supervisor.
3.
District/section/unit commander.
4.
Bureau commander.
5.
Training Section.
6.
Resource Bureau Commander.
a.
C.
Asset Forfeiture Committee, if required.
7.
Finance Management Section.
8.
Police Chief.
9.
Finance Management Section.
10.
Training Section.
11.
Applicant.
Process for Requesting to Attend Outside Training Programs
1.
Applicant responsibilities
a.
b.
Contact the Training Section to obtain an Outside Training
Request packet. This packet consists of a Form 70T, Request
for Outside Training, a Form 70S, Request for Permission to
Travel, and the employee’s training record.
1)
Anytime an employee voluntarily requests training and/or
travel on City business, the employee will not receive any
overtime compensation in excess of an eight-hour day, or a
forty-hour work week during the training and/or travel.
2)
A Form 70S is not necessary if the training is free,
reimbursable fees are not involved (i.e., lodging, meals,
gas, parking fees, etc.), and does not involve an overnight
stay.
3)
Follow all instructions in the packet for completing the
request.
The applicant will submit the completed Outside Training
Request packet to his immediate supervisor.
1)
Include a copy of the training record.
Rev. 11/11/08, Replaces 02/26/08
2
13.115
c.
2)
Include brochures, announcements, and registration forms
with the completed packet.
3)
Submit requests as far in advance as possible. However, if
the training date is less than four weeks away, personnel
may expedite the request by hand carrying the request
through proper channels to the Training Section.
The Training Section will notify the applicant if the request was
approved or disapproved using a Disposition Notification Form 17.
1)
If the request is approved, follow the instructions in the
Outside Training Request packet to complete the travel
and/or training arrangements.
a)
d.
After returning from the training, complete and submit a Form
71S, Statement of Travel Expense, through the chain of
command to the Finance Management Section.
1)
e.
See the Outside Training Request packet for instructions
on completing Form 71S.
Evaluation of Outside Training Request/Certificate
1)
Each attendee will complete the Evaluation of Outside
Training Request (preprinted Form 17) no later than two
weeks after returning to duty. Route the completed form
and a copy of any certificate of completion, if issued,
through the chain of command to the Training Section.
a)
f.
2.
See the Outside Training Request packet for
information on prepayment or billing of certain
expenses, as stipulated in Administrative Regulation
#13, Travel Outside of Cincinnati on City Business
Requiring an Overnight Stay.
Failure to complete and submit the Evaluation of
Outside Training Request will result in the applicant
receiving no credit for the training and disapproval of
future training.
The Department employee may be required to prepare and
submit a lesson plan on the subject(s) addressed in the training
program. The employee may serve as an instructor on this topic
to train other employees during recruit or in-service training.
Immediate supervisor responsibilities
a.
At the time the request is submitted, ensure the training packet is
complete.
Rev. 11/11/08, Replaces 02/26/08
3
13.115
3.
4.
b.
Review, evaluate, and recommend approval or disapproval on
the Form 70T using the criteria in Section A.1. of this procedure.
Sign and date in the designated space on the rear of the Form
70T.
c.
Forward the request to the district/section/unit commander.
District/section/unit commander responsibilities
a.
Review, evaluate, and recommend approval or disapproval on
the Form 70T using the criteria in Section A.1. of this procedure.
b.
Forward the request to the bureau commander.
c.
The district/section/unit commander will receive a copy of the
applicant's Disposition Notification Form 17 stating the
disposition of the request.
d.
On approved requests, ensure the applicant follows the
instructions for making the necessary arrangements and
completing necessary paperwork.
Bureau commander’s responsibilities
a.
5.
6.
Review, evaluate, and recommend approval or disapproval on
the Form 70T using the criteria in Section A.1. of this procedure.
1)
If approved, forward the request to the Training Section.
2)
If disapproved, return the request to the applicant back
through the appropriate chain of command.
Training Section responsibilities
a.
Upon request, ensure the requesting person receives the
Outside Training Request packet.
b.
Ensure all returned forms are properly completed.
c.
Review, evaluate, and recommend approval or disapproval on
the Form 70T using the criteria established in Section A.1. of this
procedure.
d.
Forward the request with the recommendation to the Resource
Bureau Commander.
e.
Attach a copy of the applicant's training record.
Resource Bureau Commander will:
a.
Submit the request to the Finance Management Section to verify
available funds.
Rev. 11/11/08, Replaces 02/26/08
4
13.115
7.
b.
Convene the Asset Forfeiture Committee for review of the
request if asset forfeiture funds will be utilized.
c.
Forward to the Chief for approval.
d.
Return the completed packet to the Finance Management
Section regardless of approval status.
Finance Management Section will:
a.
8.
Send a copy of Form 70S and the remainder of the travel packet
to the Training Section.
Training Section will:
a.
b.
Send copies of the Disposition Notification Form 17 and
Evaluation of Outside Training Request to the applicant if the
request is approved.
1)
Send the original Disposition Notification Form 17 and
Evaluation of Outside Training to the applicant's
district/section/unit commander.
2)
The applicant is responsible for all travel arrangements.
3)
Route the Form 70S and other related documents to the
Finance Management Section for processing.
4)
Review the Evaluation of Outside Training Request
submitted by the employee for the value of the program
and the possible impact on future training programs.
Notify the applicant and the applicant's district/section/unit
commander through the proper bureau commander using a
Disposition Notification Form 17 if the request is disapproved.
1)
D.
Training Section will send a copy of the disapproved
request to the Finance Management Section when
necessary.
Advance for Expenses
1.
An advance of funds will be permitted to cover expenses only in cases
of extended stay (i.e., Southern Police Institute or FBI National
Academy).
a.
2.
Traveler should prepare a Form 70S detailing the estimated
dollar amount for out-of-town travel and indicating the amount of
the travel advance request.
The Police Chief must approve the travel advance request.
Rev. 11/11/08, Replaces 02/26/08
5
13.115
a.
E.
If approved, Finance Management Section will prepare a Form
37S, Claim Voucher, requesting an advance in the name of the
traveler for the amount of the travel advance. This is required at
least 14 days before the scheduled trip.
College Attendance
1.
The Police Department encourages college attendance.
a.
No member may attend college while on duty.
1)
2.
Personnel attending classes during scheduled work hours
will use accumulated compensatory, holiday, or vacation
time.
Tuition reimbursement
a.
Each request is judged on the following criteria:
1)
Is the course related to current duties or an aid to
promotion?
2)
Is the course part of a degree program?
a)
3)
b.
Electives may be covered if they are part of a degree
program.
Is the school/institution accredited?
Request for reimbursement must be filed and approved before
course registration.
1)
Complete Part 1 and submit through the unit commander a
Form 80, Application and Approval for Tuition
Reimbursement.
2)
The unit commander will review the Form 80 and forward
the request to the Training Section Commander for
completion of Part 2.
a)
3)
The Training Section Commander will determine
whether the institution is accredited.
The Training Section Commander will forward approved
Form 80 to Finance Management Section for the
completion of Part 3. Disapproved forms will be returned to
the submitting officer.
a)
The submitting officer may elect to re-submit the
disapproved request form to the City Human
Resources Director for additional review and
completion of Part 5.
Rev. 11/11/08, Replaces 02/26/08
6
13.115
4)
Finance Management Section will forward the Form 80 to
the Police Chief for completion of Part 4.
5)
Upon approval by the Police Chief, the Form 80 is returned
to Finance Management Section.
a)
Finance Management Section will send a copy of the
approved form to the submitting officer.
6)
After completing the course work, the Employee must send
a copy of his paid receipt for the course and a grade
transcript to Finance Management Section.
7)
Non-sworn personnel in Division 1 and Division 0 (CODE),
may request tuition reimbursement for up to six (6) credit
hours per quarter for completed work at an accredited
educational institution based on the following:
9)
a)
100% tuition reimbursement for grade of “A”.
b)
80% tuition reimbursement for grade of “B”.
c)
60% tuition reimbursement for grade of “C”.
d)
80% tuition reimbursement for grade of pass in a
pass/fail course.
e)
0% tuition reimbursement for grade of fail in a
pass/fail course.
Tuition reimbursement for sworn personnel
a)
To be eligible to participate in the tuition
reimbursement benefit, sworn police officers must
meet the conditions set forth in Section 3.4 of the
Human Resources Policies and Procedures.
b)
Reimbursement for up to six (6) credit hours per
academic session is based on the following:
1]
100% tuition reimbursement for grade of “A”.
2]
80% tuition reimbursement for grade of “B”.
3]
60% tuition reimbursement for grade of “C”.
4]
80% tuition reimbursement for grade of pass in a
pass/fail course.
5]
0% tuition reimbursement for grade of fail in a
pass/fail course.
Rev. 11/11/08, Replaces 02/26/08
7
13.115
c)
9)
Plus or minus grades have no effect on the
reimbursement received by the employee.
Finance Management Section will process the receipt and
grade transcript for reimbursement.
a)
Reimbursements will appear on the employee’s
payroll check once entered and processed by the
Finance Management Section. These payments will
be coded so that reimbursements will not be taxed.
10) Finance Management Section will file a quarterly report to
the Human Resources Director with a listing of individuals
receiving tuition reimbursement and the courses taken.
Rev. 11/11/08, Replaces 02/26/08
8
13.120
13.120 PARTICIPATION OF DEPARTMENT PERSONNEL IN
ATHLETIC EVENTS
A.
B.
Purpose:
1.
To establish Department policy governing the participation of Department
personnel in athletic events on city time.
2.
To establish a policy concerning sporting events sponsored by commercial
enterprises.
Procedure:
1.
No member of the Department will be permitted to participate in athletic
events on city time.
2.
Members desiring to participate will be encouraged to use their accumulated
vacation time or compensatory time, to secure time off.
3.
At the discretion of the unit commander, the changing of shift assignment will
be encouraged when there is insufficient accumulated time.
4.
The granting of time off to participate in athletic events will not be approved
by the unit commander if the effective strength of the unit will be jeopardized
through lack of personnel.
5.
When a member of the Police Department is injured while participating in an
athletic event (whether Department sponsored or not) and said injury
requires time off, the member will be carried as "Off-Duty Sick" (the
member's accumulated sick time will be used).
a.
6.
The Injury Report (Form 91-S) will not be made when injury is
sustained from any recreational activity.
Members of the Department will not engage in sporting or athletic activities,
as a participant, manager, coach or other fashion, which are sponsored by
commercial agencies if such association would embarrass the Police
Department.
a.
Members desiring to engage in athletic activities sponsored by
commercial agencies will submit their request on a Form 17 to their unit
commander and all such participants must have the unit commander's
prior approval.
Rev. 3/80
1
14.110
14.110 TELEPHONE USE
Purpose:
Establish guidelines for the official use of cellular telephones, wireless data
devices, i.e. Blackberry, TREO, etc. and long-distance telephone calls made by
Police Department personnel.
Policy:
When making or receiving telephone calls, Department personnel will conduct
themselves in a professional and courteous manner. Personnel will not engage
in disputes with telephone operators under any circumstances.
Employees will reimburse the City for any costs associated with the personal use
of cellular telephones or wireless data devices.
Cellular telephones and wireless data devices are issued to expedite the
facilitation of official City business when away from normal telephone service.
The use of cellular telephones or wireless data devices are intended for police
related business only.
Personnel will inform Finance Management Section of any changes or additions
to Department cellular telephone or wireless data device numbers.
Procedure:
A.
Local Calls From Public Telephones
1.
All Police Department personnel calling City Hall centrex numbers or
Police Communications Section (PCS) from public telephones will:
a.
b.
c.
From public telephones owned and operated by Cincinnati Bell
or ATT:
1)
Dial "O" (operator) and wait until the operator responds.
2)
Identify yourself as a police officer and request the specific
centrex number.
From public telephones owned and operated by private
companies:
1)
Dial "10288 or 10ATT" and wait until the ATT operator
responds.
2)
Identify yourself as a police officer and request the specific
centrex number.
On all emergency calls, call 911. On all other calls to PCS, call
263-8111.
Rev05/27/08, Replaces 03/11/03
1
14.110
2.
This service is provided to on-duty officers for official business only
and is not intended for personal, non-emergency telephone calls.
a.
B.
Police personnel should be alert for civilians trying to use this
service fraudulently.
Making Long-Distance Telephone Calls
1.
Definity System: 310 Ezzard Charles Drive, 824 Broadway, 801 B.
West 8th Street, District 2, Street Corner Unit, Police Communications
Section and 800 Evans Street
a.
Dial 9 + 1 + area code + 7 digit number.
b.
Enter the extension number* when you hear the second dial
tone after the 3 beep confirmation tone.
*If the extension number begins with "1," you must change the
"1" to "9;" e.g., "1970" would be entered as "9970."
2.
Centrex System: Districts 3, 4, and 5, Park Unit, Narcotics Unit,
Impound Unit, and Court Control Unit
a.
Dial 8 + 9 + 1 + area code + 7 digit number.
b.
Enter the extension number* when you hear the second dial
tone after the 3 beep confirmation.
*If the extension number begins with "1," you must change the
"1" to "9;" e.g., "1970" would be entered as "9970."
3.
Other telephone users: Firearms Training Unit and Mounted Squad
a.
C.
Dial 1 + area code + 7 digit number.
Reporting Long-Distance Telephone Calls
1.
Personnel making long-distance telephone calls from an office phone,
fax machine, mobile phone, etc., will complete a Form 657, LongDistance Telephone Report for each call made.
a.
2.
The district/section commander or director will approve all Forms
657A.
a.
3.
The district/section/unit supervisor in charge at the time will sign
each completed Form 657, indicating approval of the longdistance call.
Keep a copy for the district/section/unit file with all Forms 657
attached to the Form 657A.
Submit to the bureau commander, by the 10th of each month, the
original Form 657A, Monthly Long-Distance Telephone Report. The
Rev05/27/08, Replaces 03/11/03
2
14.110
reporting period will cover the entire preceding month. List
chronologically all long-distance telephone calls made from the
district/section/unit assigned telephones including fax machines,
mobile phones, etc.
a.
4.
The bureau commander will approve the Form 657A and forward
the original Form 657A to the Finance Management Section for
audit.
Finance Management Section will:
a.
Audit monthly telephone bills received from Communications
Technology Services for correctness of fees and computations.
1)
b.
Request the affected district/section/unit to clarify
inconsistencies or take corrective action as
necessary.
b)
Forward a copy of the request to Inspections Section.
Forward a copy of the information used to correct the Form
657A to Inspections Section.
Long-Distance Telephone Fraud
1.
Police Department employees should be aware of frauds involving the
use of telephone lines for long distance and overseas billing.
a.
E.
a)
Upon suitable clarification or correction of the Form 657A, the
Finance Management Section will file the original report for audit
purposes.
1)
D.
Discrepancies between charges and documented
information will be identified.
To avoid telephone fraud, do not transfer anyone to an outside
operator from an incoming telephone call.
Cellular Telephone or Wireless Data Device Authorization and Use
1.
Department personnel who are transferred to a position where a
cellular phone or wireless data device was previously approved,
or is assigned to a position where a cellular phone or wireless
data device is desired must;
a.
Request and complete a Cellular Phone/ Wireless Data Device
Authorization Form from Police Communications,
Radio/Equipment Clerk at 263-8118 and submit it through the
chain of command.
b.
Complete a Form 17, Cellular Telephone Usage Form.
c.
Complete a Form 630, Cincinnati Police Department
Equipment/Supply/ and Service Order Form.
Rev05/27/08, Replaces 03/11/03
3
14.110
2.
After approval by the Police Chief, the forms will be forwarded to
Police Communications Section, where the cellular phone or wireless
data device will be activated. Cellular telephones and wireless data
devices will be distributed and tracked by Police Communications
Section.
3.
Finance Management Section will forward cellular phone and wireless
data device billing statements, through the respective bureau, to the
district/section/unit commander or director.
4.
Each district/section/unit commander, director, or designee will review
the cellular telephone or wireless data device usage of personnel
under their command and forward the results to the bureau
commander.
a.
All numbers will be identified. Any number not related to police
business will require notation on the billing statement. A Form
17MPR, Cellular Phone Reimbursement, will be completed by
the district/section/unit commander, director, or designee listing
all employees who have costs to pay through payroll deduction.
1)
The Form 17MPR, Cellular Phone Reimbursement will
include each employee’s name, employee ID number,
amount due from the employee, and signed authorization
for the payroll deduction.
5.
Each bureau will collect the Forms 17MPR, Cellular Phone
Reimbursement from their districts/sections/units and forward to the
Finance Management Section.
6.
Bureau commanders will audit the cellular phone or wireless data
device statements for each district/section/unit commander.
Rev05/27/08, Replaces 03/11/03
4
14.115
14.115 TELETYPE PROCEDURE
Procedure:
A.
Police Communications Section (PCS):
1.
2.
PCS teletypes messages on:
a.
Vehicles stolen, recovered, and misplaced. Also vehicles
wanted in criminal investigations, hit-skips, and attempts to
locate.
b.
License plates stolen, lost, recovered, or other wanteds.
c.
Persons missing, located, wanted, unidentified found dead, or in
police custody.
d.
Streets in unsafe condition, blocked or opened by utility
companies.
e.
Information or inquiries which should come to the attention of
other units.
f.
All radio communications directing desk or other police
personnel to perform a specific function.
Teletyped information goes to all police districts, Park Section,
Criminal Investigation Section (CIS), and Impound Unit.
a.
B.
PCS will teletype intrastate and interstate messages to the
effected district/section/unit depending on the subject.
Teletype Message Retention at Districts/Sections/ Units:
1.
Retain court notifies and wanted teletype messages for the present
and past year.
2.
Remove messages for individual officers and give them to the
affected officers.
3.
Maintain all other teletype messages on the roll call clipboard for 72
hours from the last update.
a.
Update or cancel only wanted or missing persons, attempts to
locate, etc., messages on the roll call clipboard.
1)
b.
Wanted vehicles will appear on the auto larceny list.
Retain on the clipboard for 72 hours teletype information of
continuing interest such as permits, street openings, FOP and
other social bulletins. Afterwards, post messages on
district/section/unit bulletin boards.
Rev. 5/93, Replaces 1/88
1
14.115
C.
Teletype Message Cancellation:
1.
On all wanted broadcasts, auto larceny, and teletype messages, the
initiating police department will authorized cancellation of the teletype
message.
2.
Cincinnati Police Department Messages
a.
Cincinnati Wanted Messages (Other than Stolen or Wanted
Vehicles)
1)
If a Hamilton County law enforcement agency, other than
the Cincinnati Police Department, obtains information
which cancels this type of message, they will contact the
initiating unit.
a)
b.
Cincinnati Stolen or Wanted Vehicle Messages
1)
3.
The initiating unit will contact PCS who will teletype
the cancellation.
For vehicles recovered outside the City of Cincinnati, the
recovering police agency will notify PCS by computer
(OHCIP0012).
a)
PCS will request the recovering agency to teletype a
"locate entry" and administrative message.
b)
PCS will cancel the stolen or wanted vehicle message
upon receipt of the locate entry.
Messages initiated by a Hamilton County Police Agency other than the
Cincinnati Police Department.
a.
Wanted Messages (Other than Stolen or Wanted Vehicles)
1)
If a Cincinnati Police Department unit obtains information which
cancels this type of message, they will contact the initiating
agency.
a)
b.
The initiating agency will then teletype the canceling
message.
Stolen or Wanted Vehicle Messages
1)
For vehicles recovered by a Cincinnati Police Department unit,
the recovering unit will call PCS (3500). PCS will notify the
initiating agency by teletype and Vehicle Locate (LV).
a)
The initiating agency will then cancel the wanted entry.
Rev. 5/93, Replaces 1/88
2
14.120
14.120 FACSIMILE (FAX) MACHINES
Reference:
Procedure 14.110 - Public Telephone: Official Use
Purpose:
Establish a procedure for the official use of facsimile (fax) machines and control
long distance facsimile calls by Police Department personnel.
Procedure:
A.
Use of Facsimile (Fax) Machines:
1.
Personnel will use facsimile machines for the transmission of official
documents only.
2.
The identity of the sender must accompany all faxed documents:
3.
B.
a.
Complete a Fax Transmittal Memo (post-it) and attach it to the
first page of the document.
b.
If the document requires added comments, use the
Department's fax cover sheet instead of the Fax Transmittal
Memo.
Personnel sending confidential information will contact the receiving
site to ensure an authorized individual receives the message.
Exercise extreme care when sending confidential messages, the
sender is responsible for faxed information.
Long Distance Facsimile Calls:
1.
Complete a Long Distance Telephone Report (Form 657) for each
long distance facsimile call.
2.
Include approved Forms 657 in the unit's Monthly Long Distance
Telephone Report (Form 657A). Refer to Procedure 14.110, Section
C., Long Distance Telephone Calls.
12/90
1
14.125
14.125 INSTALLATION OF NEIGHBORHOOD BLOCK
WATCH SIGNS
Reference:
City Ordinance #417-1983 - Block Watch Signs
Purpose:
Establish a policy for neighborhood community groups desiring to participate in
the Cincinnati Police Department’s Block Watch Program.
Outline procedures to be followed by neighborhood liaison officers and
neighborhood community groups requesting permission to display Neighborhood
Block Watch Signs, and for the processing of these requests.
Coordinate the activities of the Police Department, and Traffic and Road
Operations Division.
Procedure:
A.
Neighborhood Block Watch Sign(s) Application:
1.
2.
When a neighborhood community group desires to display a
Neighborhood Block Watch Sign(s) announcing their participation in
the Block Watch Program, a representative of the group will:
a.
Obtain an application from the district neighborhood liaison
officer.
b.
Complete and return the application to the district neighborhood
liaison officer along with a certified check/money order, payable
to the City of Cincinnati, in the amount of $30.00 for each sign
requested.
Upon receipt of the completed application and appropriate certified
check/money order, the neighborhood liaison officer will investigate to
determine if the requesting neighborhood community group meets the
following criteria:
a.
Fifty percent of the neighborhood community group residents
should be Block Watch members.
1)
If 50 percent neighborhood community group participation
is not met, the affected district's neighborhood liaison
officer will provide this information along with a
recommendation to the district commander.
Note:
The Police Department has established 50
percent neighborhood community group
participation as the desirable goal for acceptance
in the Block Watch Program.
Rev. 06/03/08, Replaces 05/13/02
1
14.125
The neighborhood liaison officer may request an
exception to the goal from the district
commander.
b.
The neighborhood community group should be capable of
demonstrating the organization's vitality, ability, and willingness
to maintain continued interest in the Block Watch Program.
3.
After determining the neighborhood community group has met the
above criteria, the neighborhood liaison officer will forward the
application, certified check/money order, and their recommendation to
the district commander.
4.
The district commander will make the final decision as to the approval
or disapproval of the application and will either:
a.
Forward the approved application and certified check/money
order to the Chief’s Office, or
b.
Return the disapproved application and certified check/money
order to the neighborhood liaison officer for return to the
neighborhood community group.
5.
The Chief’s Office will forward the approved application and certified
check/money order to the Traffic and Road Operations Division.
6.
The district neighborhood liaison officer will:
a.
Notify the neighborhood community group of the
approval/disapproval of their request.
1)
7.
If disapproved, return the certified check/money order to
the neighborhood community group.
b.
Contact the Traffic and Road Operations Division and arrange
for the proper location(s) and installation of the Block Watch
sign(s).
c.
Inform the neighborhood community group that the replacement
expense of the Block Watch sign(s) will be their responsibility.
Upon receipt of the approved application, the Traffic and Road
Operations Division will:
a.
Assign a project number for the work requested.
b.
Deposit the certified check or money order with the City
Treasurer.
c.
Issue work orders to Traffic Aids for the installation of the
sign(s).
Rev. 06/03/08, Replaces 05/13/02
2
14.125
8.
Traffic Aids will:
a.
Install the sign(s) and process billing against the appropriate job
order number for payment.
b.
Notify the Traffic and Road Operations Division when the work is
completed.
Rev. 06/03/08, Replaces 05/13/02
3
14.200
14.200 INFORMATION TECHNOLOGY
Reference:
Ohio Revised Code 2913.04(B) - Unauthorized Use of Computer Property
Manual of Rules and Regulations, Section 2.05
City Personnel Policies and Procedures, Chapter 9.1, Internet Access and
Electronic Mail Policy
City Information Security Manual
Human Resources Policies and Procedures, Chapter 9
Information Technology Management Section Help Area on Department Intranet
Definitions:
Internet - The World Wide Web.
Intranet - The protected network of city owned computers.
Software - Computer programs such as Windows, Microsoft Office, Microsoft
Exchange, etc.
Hardware - Computers, monitors, printers, etc. All peripheral devices are
hardware.
Computer User Liaison (CUL) - Persons designated by a district/section/unit
commander to act as the first line of assistance.
Helpdesk • Information Technology Management Section (ITMS) Helpdesk for
hardware support.
• Software trainer for software support.
• RCC Helpdesk for e-mail support.
Rebooting - Shutting down and restarting the computer.
Purpose:
Ensure the security and integrity of the Police Department’s computer systems.
Ensure that computer systems are properly obtained, utilized, and maintained.
Policy:
No person shall attempt to gain access to or use any program, computer, or
network for which they are not authorized. No person will modify, move, or
delete any file or document unless authorized to do so. All software will be
installed by or under the direction of ITMS.
Personnel are accountable to the provisions of all user agreements when
accessing software applications and programs on Department computers.
All computers and information systems, including email, Internet capabilities, and
computer programs are for official business only. Police Department computers
may not be used for games or Internet music/videos.
Rev. 01/31/06, Replaces 04/01/02
1
14.200
Members will not use unlicensed software on Police Department computers.
Violations can be a fifth degree felony under Ohio Revised Code.
Information:
The Information Technology Management Section (ITMS) is responsible for the
purchase, installation, maintenance, and administration of information
technology used by the Department except for a limited amount of equipment
dedicated to Police Communications Section.
Members have no expectation of privacy regarding the use of Police Department
computers, files stored on Police Department computers, or email.
Procedure:
A.
Procuring Information Technology (IT):
1.
ITMS personnel will research all IT requests. ITMS must be involved
in all phases of IT procurement, including vendor management,
demonstrations, planning, etc.
a.
ITMS will receive, inventory, install, and maintain all IT, licenses,
maintenance contracts, and user agreements for the
Department.
b.
Purchase requests for all additional IT must be documented and
supported on a Form 17IT.
1)
2)
3)
Submit the Form 17IT through the chain of command.
a)
Email or FAX a copy to ITMS.
b)
The affected bureau commander will forward
approved requests to ITMS.
ITMS will:
a)
Make recommendations on the Form 17IT as to the
propriety of the IT requested.
b)
Complete the Form 630.
c)
Submit Forms 17IT and 630 to the ITMS Commander
who will forward the request through the chain of
command to the Resource Bureau Commander.
The Resource Bureau Commander will either:
a)
Approve the request and forward to Finance Section.
b)
Disapprove the request and return the annotated
Form 17IT to the affected bureau commander and the
Form 630 to ITMS.
Rev. 01/31/06, Replaces 04/01/02
2
14.200
B.
Trouble Shooting and Maintenance:
1.
If the user cannot solve the problem by rebooting, the user should
contact the on-duty district/section/unit Computer User Liaison (CUL).
a.
b.
2.
1)
After normal business hours, absent exigent
circumstances, leave a description of the problem on the
ITMS Helpdesk voice mail.
2)
If exigent circumstances exist, contact Police
Communications Section who will contact the ITMS
Commander or designee. If necessary, the recall of ITMS
personnel will be authorized.
If the system in question is a CLEAR-owned Regional Crime
Information Center (RCIC) terminal, contact the ITMS Help Desk
during normal business hours. After normal business hours,
contact the Regional Computer Center (RCC) Help Desk.
Users are responsible to store all files on the allocated server space.
a.
C.
If a CUL is not available, call the ITMS Helpdesk.
Files should not be stored on local hard drives or floppy disks.
Floppy disks are unreliable and should not be considered a
dependable source of back-up.
Use of Computers:
1.
Do not use or install any hardware or software on Department
computers.
2.
The standard Department desktop is the only authorized desktop
format.
3.
Knowledge of unauthorized access to any computer, system, or
network must be immediately reported to a supervisor.
4.
Users must “log in” in order to use any computer.
5.
a.
When not actively using the computer for any length of time, log
off.
b.
c.
Do not turn off the computer.
Reboot computers daily.
Only data created with Police Department software may be stored on
Department servers.
a.
6.
Files, documents, spreadsheets, etc., of outside origin must be
scanned for viruses before use on a Department computer.
Supervisors will report personnel changes affecting computer use to
ITMS, including people no longer needing access to a computer.
Rev. 01/31/06, Replaces 04/01/02
3
14.200
D.
Passwords:
1.
2.
3.
E.
Users are assigned secure passwords when their accounts are
created.
a.
Passwords should be at least eight characters in length and
should include letters and numbers.
b.
Passwords are not retained by ITMS. ITMS can issue a new
password if necessary.
c.
Passwords should be changed on a regular basis.
d.
Supervisors can require that subordinate personnel provide
them with their password.
e.
Department personnel are required to provide their passwords to
ITMS personnel upon request, as may be necessary for the
performance of official duties.
Electronic Mail (Email) logon:
a.
Users should change their RCC assigned password at their first
logon.
b.
RCC requires the change of email passwords every 90 days.
c.
New email passwords must be unique and at least eight
characters in length.
d.
For email problems contact the RCC Help Desk.
e.
Supervisors can require subordinate personnel provide them
with their email password.
Personnel will not share or disclose passwords except at the direction
of a supervisor.
Electronic Mail (Email):
1.
Abide by the City of Cincinnati Electronic Mail Policy.
2.
Use for official business only.
3.
Most email messages are public record.
a.
Generally, access to email pursuant to a Public Records
Request (see P.M. 18.120 and ORC 149.32) will occur with the
employee’s knowledge, in their presence, and with their
cooperation.
b.
Access without the employee’s knowledge should be
coordinated with ITMS and RCC.
Rev. 01/31/06, Replaces 04/01/02
4
14.200
4.
F.
G.
Users are required to maintain email accounts that do not exceed
allowed storage limits. This includes deleted messages in the inbox,
sent items folder, and deleted items folder.
Internet:
1.
Abide by the City of Cincinnati Internet Policy.
2.
Use for official business only.
3.
Users must be aware that downloading programs and email
attachments can spread viruses.
Use of Personal IT Appliances or Devices with Department-owned
Equipment:
1.
The Department does not permit the attachment of any personally
owned IT appliances of any type (cameras, audio recorders, printers,
etc.) to Department-owned equipment, unless approved by the ITMS
Commander.
2.
Users must submit a Form 17IT and any licensing documents through
the chain of command to the ITMS Commander. Describe the use,
nature, and purpose of any personal IT devices requiring attachment
to Department equipment.
3.
The ITMS Commander will evaluate the request and recommend
approval or disapproval, based on the particular IT appliance and how
it may affect the function and security of Department equipment,
operations, and security. ITMS will forward its recommendation to the
Information Management Bureau Commander for review and
approval.
4.
Upon approval, the user will contact ITMS and arrange for the
installation of hardware and software. Users will be notified of
disapproval via the chain of command.
6.
a.
ITMS will participate in all initial installation and permanent
removal of personal IT appliances connected to Department
equipment.
b.
After installation, ITMS will not perform any maintenance or
support for personal IT devices. Any maintenance, support, or
repair of such devices is the responsibility of the user/owner.
c.
Persons requesting connection of personal IT devices to
Department equipment could be financially responsible for repair
of damage caused to Department equipment by personal IT
devices.
If a personal IT device negatively affects the operation or security of
Department equipment, immediately or subsequently, ITMS will
recommend and request permission of the district/section/unit
commander to remove offending device(s).
Rev. 01/31/06, Replaces 04/01/02
5
14.200
7.
Use of personal IT devices connected to Department equipment is
limited to official business only. Additionally, such use is subject to all
policies, rules, and regulations of the Police Department and the City
of Cincinnati.
Rev. 01/31/06, Replaces 04/01/02
6
15.100
15.100 CITIZEN COMPLAINTS
References:
Manual of Rules and Regulations
Procedure 12.545, Use of Force
Definitions:
Citizen complaint - an allegation from any source of any action or inaction by
Department personnel the individual considers being contrary to law, proper
procedure, good order; or in some manner prejudicial to the individual, the Police
Department or to the community. In situations involving only the individual’s
alleging innocence of a charge placed by a police officer, advise the complainant
to seek judicial redress through established court procedures.
Original documents – photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Policy:
The Internal Investigations Section (IIS) is to be notified for incidents involving
criminal allegations against or suspected criminal conduct by sworn Department
members. IIS should be notified in addition to the Duty Officer, the affected
district or section commander, and the Night Chief, when applicable. IIS will
request appropriate resources as needed from those sections or units that are
subject experts in specific areas.
Domestic violence is the exception to this policy. Law and Department
procedure require district personnel take immediate action in domestic violence
cases based on probable cause. IIS should be notified when Department
members are arrested for domestic violence.
This policy does not change or otherwise affect Procedure 12.550, Discharge of
Firearms by Police Personnel.
During an investigation, all relevant police activity including each use of force, not
just the type of force complained about, will be investigated. The investigation
will also evaluate any searches or seizures that occurred during the incident.
The Department will not close an investigation simply because the complaint is
withdrawn or the alleged victim is unwilling or unable to provide medical records
or proof of injury; the Department will continue its investigation as necessary to
determine whether the original allegation can be resolved. In each investigation,
the fact that a complainant pled guilty or was found guilty of an offense will not
be considered as evidence whether an officer did or did not use a type of force,
nor will it justify discontinuing an investigation.
Department members will not file charges against a complainant for a violation of
Ohio Revised Code §2921.15, Making False Allegation of Peace Officer
Misconduct, without supervisory approval and prosecutorial review.
Revised 05/05/09, Replaces 02/21/06
1
15.100
A Department employee seeing or having knowledge of a police action involving
misconduct will immediately initiate a citizen complaint on behalf of the alleging
party.
If a citizen objects to an officer’s conduct that officer will inform the citizen of their
right to make a complaint. The officer will give them an information brochure and
complaint form. Officers will not discourage any person from making a
complaint.
The complainant’s willingness to participate in, and the outcome of, a Citizen
Complaint Resolution Process (CCRP) meeting will have no bearing on the
investigation or the adjudication of that complaint.
If the complainant declines to attend the CCRP meeting, the investigating
supervisor is required to notify the complainant of the facts of the investigation
and the disposition. The report submitted should include information indicating
the complainant was notified or that a sincere effort was made but was
unsuccessful.
Preferably police supervisors will accept citizen complaints. If a supervisor is
unavailable, the receiving employee will follow this procedure and notify a
supervisor as soon as possible. It is the accepting supervisor’s responsibility to
review the complaint. The district/section/unit commander will order additional
investigation when appropriate and make the final determination of how the
complaint is routed.
Upon receipt, each complaint will be assigned a unique tracking number and will
be resolved in writing. All citizen complaints received by the Department will be
maintained in a secure location. This includes the Form 648, Citizen Complaint
or Information, and all investigative documentation.
The complainant will be kept informed periodically regarding the status of the
investigation. Upon completion of the investigation, the complainant will be
notified of its outcome, including an appropriate statement regarding whether any
non-disciplinary corrective action or disciplinary action was taken.
Any officer who used force or chemical spray during the incident, or whose
conduct led to the injury of a prisoner, or who authorized the conduct that led to
these reportable incidents is prohibited from investigating the incident.
Any officer or supervisor involved in a situation resulting in an official complaint
will not be present during any interview with the complainants or witnesses.
Any supervisor identified as a party to an official complaint will not act as the
complaint investigator.
Information:
Allegations of the following nature will be handled through CCRP:
•
•
•
Discourtesy/unprofessional attitude.
Lack of proper service.
Improper procedure, e.g., offense investigation, use of discretion, official
law enforcement practices, and Police Department procedures.
Revised 05/05/09, Replaces 02/21/06
2
15.100
The following types of allegations will be handled by the Internal Investigations
Section (IIS) and/or the judicial system, not CCRP:
•
•
•
•
•
•
•
Criminal conduct.
Sexual misconduct.
Serious misconduct, e.g., severe nature or pattern of procedural violations,
lack of service, etc.
Excessive use of force as defined in Procedure 12.545, Use of Force.
Unnecessary pointing of firearms at persons.
Improper searches and seizures.
Discrimination.
The Hamilton County Clerk of Courts requires a referral from a police agency,
the Private Complaint Mediation Program, the Prosecutor’s Office or an attorney
before they consider probable cause for a complaint and warrant to be issued. If
a citizen responds to the Hamilton County Clerk of Courts Office demanding a
warrant for a police officer, the Chief Deputy of the Municipal Court,
Traffic/Criminal Division will be notified. Upon notification, the Chief Deputy will
contact the Police Department.
Procedure:
A.
If while investigating a use of force, the individual alleges excessive force
then the investigating supervisor will complete a Form 648, Citizens
Complaint or Information in the Employee Tracking Solution (ETS). The
supervisor will investigate the complaint thoroughly while all participants are
present.
1.
Complete a Form 17 summarizing the investigation. Attach the Forms
17 and 648 to the Investigation Report case folder for the use of force
in ETS. Work-flow the Form 17, Form 18F, Supervisor’s Use of Force
Investigation Report, and Form 648 and any attachments through to
the district/section/unit commander through the chain of commander
for review.
a.
When work-flowing the documents, “Add Notification” for the
following units:
1)
Internal Investigations Section.
2)
Patrol Bureau.
3)
Inspections Section.
2.
If more than the necessary amount of force appears to have been
used, or the injuries are inconsistent with the reported force, contact
the IIS Commander and the officer’s district/section/unit commander.
3.
The affected bureau commander will work-flow the above forms to IIS
for investigative review and final approval by the Police Chief.
Revised 05/05/09, Replaces 02/21/06
3
15.100
B.
Form 648, Citizen Complaint or Information
1.
C.
Complete a Form 648 in when a citizen brings to a Department
employee's attention an action, situation, or condition as described in
the Information section.
Accepting a Citizen Complaint Lodged in Person
1.
Give the complainant a Form 648 to complete. Provide instructions
on completing the form and have the complainant sign the front side
of the form in their own handwriting. The backside is for Department
use only.
2.
If more space is needed, use additional blank Forms 648.
3.
Upon request, help the complainant complete the Form 648.
a.
If the complainant is given help to complete the form, include a
brief statement as to why help was given in the “Details” section.
b.
Request the Form 648 be signed by the following: complainant,
representative of the complainant, or any person assisting the
complainant.
1)
c.
4.
5.
Witness the signature.
Police Department personnel helping a complainant prepare the
form, must sign in both the "Receiving" and the "Assisting
Person" blocks.
The accepting employee will review the completed form for content
and legibility.
a.
If a word is not legible, ask the complainant what the word is.
Print the proper word directly above the complainant's
handwritten word.
b.
Third party complaints will be handled in the same manner as
any other complaint.
The receiving employee will ensure all pertinent dates and times are
included in the form.
a.
Attach legible copies of all arrest slips pertaining to the incident.
6.
If a complainant refuses to write the complaint in his own handwriting,
process the complaint as a telephone complaint. Refer to Section G.
of this procedure.
7.
The receiving employee will place his name and badge number in the
space provided on side one of the Form 648. Provide the
complainant with a copy of Page One only which will serve as the
complainant's receipt.
Revised 05/05/09, Replaces 02/21/06
4
15.100
8.
D.
a.
Complainants do not receive a copy of the completed Page Two.
b.
The receiving employee’s written observations should not be on
the copy given to the complainant.
After accepting a Form 648 that has been personally filled out and/or
signed, this information must be entered onto a Form 648 in ETS.
When transferring the information from the original Form 648 into
ETS, record the information exactly as it was written, including
misspellings, profanity, punctuation, etc. The handwritten original
document must then be scanned into the computer and attached to
the appropriate ETS folder. The original Form 648 will then be routed
through to the district/section/unit commander with any other original
documents, pictures, tapes and copies of applicable MVR/DVRs.
Completing "For Department Use Only" Section of the Form 648, Page Two
1.
Outline the allegations, identify principals and witnesses and provide
information developed as a result of any preliminary investigation.
a.
2.
Make sure to include addresses and phone numbers of all
principals and witnesses.
Enter a description of the complainant's apparent physical condition
and demeanor.
a.
State your reason for believing a complainant was under the
influence of an intoxicant and/or drug (do not express opinions
regarding their mental competency or veracity).
3.
Describe any other traits or conditions displayed by the complainant,
which may have a bearing on the allegation and/or investigation of the
complaint.
4.
Specifically note any visible marks or injuries about the complainant.
a.
Take photographs when the complaint involves any injury,
claimed injury, or damaged clothing, etc., whether visible or not.
1)
Clearly label the photos with the complainant's name, date,
time taken, and photographer's name and badge number.
Attach photographs to the Form 648 for review by the
district/section/unit commander.
5.
Do not include written observations on the copy given to the
complainant.
6.
The receiving employee will ensure all information on the form is as
complete as possible.
Revised 05/05/09, Replaces 02/21/06
5
15.100
E.
Processing the Completed Citizen Complaint Form
1.
Work-flow the Form 648 to the affected district/section/unit
commander by 0800 hours on the next day. Forward all original
documents, photographs, tapes and copies of applicable MVR/DVRs
for review.
a.
b.
Complaints eligible for CCRP:
1)
Affected district/section/units retain original Form 648
complaint and all pertinent documentation.
2)
Upon work-flowing the complaint for assignment, “Add
Notification” to IIS of the Form 648 for tracking purposes.
Complaints not eligible for CCRP:
1)
F.
Accepting a Citizen Complaint by Mail, Email, or Fax
1.
G.
Work-flow the Form 648 with all pertinent documentation to
IIS.
Submit citizen complaints received through the mail or via fax to a
supervisor. The supervisor will:
a.
Prepare a Form 648.
b.
Scan the letter or fax into the computer system and attach to the
appropriate ETS case folder.
c.
Place the original letter or fax in a sealed envelope and process
as in Section D.
d.
Complaints received in the form of email messages will be
printed out, scanned into the computer and attached to the
appropriate ETS case folder, and then processed as in Section
D.
Accepting a Citizen Complaint by Telephone or Telecommunications
Device for the Deaf (TDD)
1.
Refer telephone complaints to a supervisor. If a supervisor is
unavailable, the receiving employee will follow this procedure and
notify a supervisor as soon as possible.
a.
Make an effort to persuade the complainant to appear in person
at a police facility to file the complaint.
b.
Enter pertinent information on a Form 648. Obtain all the facts
necessary to complete the form.
c.
Get the complainant's name, address, and telephone number.
Advise the citizen this information is essential to investigate the
complaint.
Revised 05/05/09, Replaces 02/21/06
6
15.100
1)
2.
d.
Print the words "Telephone Complaint" in the box for the
complainant's signature.
e.
Follow the procedure in Section D. for processing the complaint.
TDD complaints will be received by Police Communications Section
(PCS) and handled according to their standard operating procedure.
a.
H.
I.
Advise a complainant who insists on remaining anonymous
this may hamper a proper investigation and disposition of
the complaint.
The affected district/section/unit supervisor, upon notification
from PCS, will follow the procedure in Sections D. and G.1.
Assignment, Logging, and Investigation of Citizen Complaints
1.
The supervisor assigned the complaint will resolve complaints eligible
under CCRP. Any problems or needs identified will be relayed in
writing in the form of a recommendation to the Police Chief.
2.
Non-CCRP complaints will be forwarded to IIS and resolved per IIS
Standard Operating Procedure (SOP).
Citizen’s Complaint Resolution Process
1.
The investigating supervisor will thoroughly investigate all allegations.
All pertinent information sources will be examined, including but not
limited to: the complainant, witnesses, involved officers and witness
officers, worksheets, MDT information, offense reports, relevant law,
policy and procedure, etc. Investigators will not ask officers or other
witnesses leading questions that improperly suggest legal justification
for the officer’s conduct when such questions are contrary to
appropriate law enforcement techniques.
a.
2.
Forward information to the district/section/unit commander for
referral to IIS if the investigation reveals the complaint is not
suitable for a resolution meeting.
The investigating supervisor will take appropriate action based on the
investigation of the complaint.
a.
The investigating supervisor will make a determination whether
or not the member’s conduct was consistent with Department
policy, procedure, and practice. The supervisor will document
the finding in the Form 648B, Resolution Disposition, in ETS.
b.
Verbal counseling or counseling via the Evaluation Supplement
Log (ESL) if the member’s conduct does not meet Department
standards as determined by the investigation. Add the ESL to
the original ETS case folder.
c.
Hold a complaint resolution meeting with the complainant and
the Department member.
Revised 05/05/09, Replaces 02/21/06
7
15.100
3.
Resolution Meeting: A resolution meeting will be conducted according
to the following guidelines:
a.
Only the complainant, the involved Department member, and the
investigating supervisor/facilitator will attend the resolution
meeting. No one else will be present. This allows for the best
interaction between the two participants. In cases where there
are multiple complainants and multiple officers, meetings will be
held for each if necessary. In most cases, a primary
complainant will be identified and the case resolved with one
meeting.
b.
The resolution meeting will not be tape-recorded. The resolution
meeting will be a sincere effort by all parties to discuss and
resolve the problem.
c.
Resolution meetings will be conducted by the next highest
ranking officer than the officer involved in the complaint.
d.
All parties involved in the resolution meeting will sign a Form
648A, Acknowledgment of Participation in Resolution Meeting.
The document will not refer to any discussion, action,
agreement, or other aspect of the resolution meeting. The Form
648A is to be scanned into the computer and attached to the
appropriate ETS case folder. The original Form 648A will then
be routed through channels with any other original documents.
e.
The supervisor will concisely summarize the resolution meeting
on a Form 648B, Resolution Disposition.
f.
Failure by a complainant to attend the first scheduled resolution
meeting will be excused. If a complainant fails to attend a
second scheduled resolution meeting, the complaint/problem will
be deemed to have been resolved by the supervisor’s inquiry
and the file will indicate same.
g.
Supervisors finishing a CCRP complaint investigation will notify
the complainant of the facts of the investigation and the
disposition if the citizen declines to attend a resolution meeting.
1)
4.
The report should include information indicating that this
was done or that a sincere effort was made but was
unsuccessful, e.g., complainant could not be located,
refused to discuss/listen.
Record Keeping
a.
The investigating supervisor will complete a report of the
investigation and its findings using the appropriate forms.
b.
The investigating supervisor will work-flow all CCRP complaint
investigation reports via the chain-of-command to their bureau
commander for review and approval. All original documents are
to be routed by hand through the chain of command.
Revised 05/05/09, Replaces 02/21/06
8
15.100
c.
The bureau commander will make a final determination of the
appropriate complaint closure classification according to Section
9.07 of the Manual of Rules and Regulations and Disciplinary
Process for the Cincinnati Police Department.
d.
The bureau commander will work-flow a copy of the CCRP
complaint investigation reports to the IIS Commander for an
administrative review and finalizing. IIS will note the date closed
in the “Resolution Disposition” tab in the Citizen Complaint form
in ETS.
e.
CCRP eligible complaints will be evaluated by
district/section/unit commanders for underlying problems.
Any problems or needs will be relayed in writing in the form
of a recommendation to the Police Chief.
f.
IIS will notify Information Technology Management Section
(ITMS) of all complaints closed Unfounded or Exonerated for
appropriate adjustment in ETS.
Revised 05/05/09, Replaces 02/21/06
9
15.105
15.105 EQUAL EMPLOYMENT OPPORTUNITY (EEO) COMPLAINT
PROCESS
Reference:
Procedure 15.106, Sexual Harassment
Procedure 19.107, Family Medical Leave Act (FMLA)
Manual of Rules and Regulations -– 1.04, 1.06 D, 1.13, 1.23C
City Manager’s Administrative Regulation #25
City Manager’s Administrative Regulation #55
Title VII of the Civil Rights Act of 1964, As Amended
Equal Employment Opportunity (EEO) Commission Guidelines (1980)
The Americans with Disabilities Act of 1990
The Family and Medical Leave Act of 1993
The Age Discrimination in Employment Act of 1967
Ohio Revised Code Chapter 4112, Civil Rights Commission
Cincinnati Municipal Code 308-79, Protected Employee Actions
Purpose:
Allow all Department employees to work in an environment free from any type of
discrimination in the work place.
Establish an Equal Employment Opportunity (EEO) complaint process for reporting
complaints of any unlawful discriminatory practice.
Policy:
The establishment and maintenance of good communication between the immediate
supervisor and employee is one of the most important responsibilities of management.
Each supervisor is expected to operate with an “open minddoor” and “open doormind”
to employees who seek assistance in resolving complaints and problems. Each
supervisor is delegated the responsibility for ensuring that every effort is made to
provide a reasonable and timely answer or solution to employee complaints and
problems which may arise on matters related to the terms and conditions of their
employment.
Formatted: Not Highlight
Any form of discrimination is against the law and is a prohibited personnel practice.
Employees who violate this policy are subject to the disciplinary process.
Supervisors notified of an Equal Employment Opportunity (EEO) complaint originating
within the Department will prepare a Form 17 to the Chief.
Supervisors investigating an EEO complaint that has been filed through the Human
Resources Department (HR) will complete the “Department Response to Employee
Relations/EEO Complaint” form.
Information:
Completing the Department Response to Employee Relations/EEO Complaint form
allows supervisors to document facts and organize thoughts for an accurate response
to an EEO complaint. Maintaining records of EEO complaints assists HR and the Law
Department in identifying facts associated with the complaint.
Rev. 086/0523/08, Replaces 07/03/07
1
15.105
Personnel Section is the Department liaison with HR. Personnel Section is responsible
for maintaining a file of all EEO complaints. District/section/unit supervisors must insure
copies of EEO complaints originating within the Department are forwarded to Personnel
Section.
The Police Chief’s Office will forward to Personnel Section copies of all EEO complaints
filed through HR on behalf of, or involving, Department members. The Police Chief will
determine the district/section/unit responsible for the investigation of an EEO complaint.
Complaints of sexual harassment will be investigated by the Internal Investigations
Section.
Procedure:
A.
Reporting EEO Complaints
1.
Employees with complaints of any unlawful discriminatory practice may
report their complaint to:
a.
Any supervisor.
1)
B.
Notification to a Department supervisor can be done orally or in
writing.
b.
Any EEO counselor.
c.
The City’s EEO Office (Human Resources Department)
Two Centennial Plaza
805 Central Avenue, Suite 200
Cincinnati, Ohio 45202
Telephone number: 352-2400
d.
The Ohio State Civil Rights Commission
7162 Reading Road, Suite 1001
Cincinnati, Ohio 45237
Telephone number: 852-3344
e.
The Federal Equal Employment Opportunity Commission
John W. Peck Federal Building
550 Main Street, Suite 10019
Cincinnati, Ohio 45202
Telephone number: 684-2851
Supervisor Responsibilities
1.
Each supervisor is responsible for preventing acts of sexual harassment and
acts which create an intimidating, hostile, or offensive working environment
by:
a.
Monitoring the work environment on a daily basis.
b.
Counseling all employees on the types of behavior prohibited and the
Department’s procedure for reporting and resolving EEO complaints.
Rev. 086/0523/08, Replaces 07/03/07
2
15.105
c.
2.
Stopping any observed acts which may be considered sexual
harassment, offensive or derogatory remarks and/or hostility or
aversion toward an individual because of his or her race, color, religion,
gender, sexual orientation, national origin, age, disability, marital status,
HIV status, or Appalachian regional ancestry, or that of his or her
relatives, friends, or associates, and taking appropriate steps to
intervene, whether or not the involved employees are within their line of
supervision.
When a supervisor is notified of any EEO complaint originating within the
Department, the supervisor will prepare a Form 17 to the Chief.
a.
The Form 17 should include the names of all persons involved, time
and location where the alleged incident(s) occurred, the nature of the
complaint, and any action taken.
b.
The supervisor will place the Form 17 in a sealed envelope. Do not
route through the chain of command.
c.
The Form 17 will be sent directly to the Police Chief for determination
of an investigation.
1)
C.
Notification of EEO Complaint Received from within the Department
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1.
Department employees responsible for investigating an EEO complaint,
other than Sexual Harassment, will make every reasonable effort to resolve
the complaint.
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a.
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2.
D.
Sexual Harassment complaints are investigated by Internal
Investigations Section (IIS).
Complaints not resolved at the department level will be forwarded to the
Human Resources Department along with an explanation as to why it is
believed the complaint was not resolved.
Formatted: Not Highlight
Internal Investigations Section (IIS) Responsibilities in Sexual Harassment
Complaints
1.
E.
A copy of the Form 17 will be placed in a sealed envelope and
forwarded to Personnel Section.
IIS will investigate a complaint of sexual harassment pursuant to their
standard operating procedures (SOP) and Procedure 15.106, Sexual
Harassment, Sections C. and D.
Notification of an EEO Complaint Received from the Human Resources
Department
1.
Upon notification of an EEO complaint received by HR, the assigned
district/section/unit supervisor will conduct an investigation, complete the
Department Response to Employee Relations/EEO Complaint form, and
forward (along with the complaint) to Personnel Section via
interdepartmental mail.HR will notify the Chief of a pending EEO Complaint
and the Chief will determine how the complaint is investigated.
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1.
Rev. 086/0523/08, Replaces 07/03/07
3
15.105
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aa.
F.
As in any workforce environment where people work closely
together, interpersonal issues arise that should be resolved as early as
possible. When an employee has a complaint that centers on
interpersonal relations issues, the Chief may direct the complaint be
resolved through a mediation process.Completing the Department
Response to Employee Relations/EEO Complaint form is required only
when the complaint has been filed through HR.
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Interpersonal Relations Issues Mediation Process
1.
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at: 0.4" + Tab after: 0.65" + Indent at: 0.65",
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Upon receipt of a referral of complaint by the Police Chief, complaints
centered on interpersonal relations will be resolved through a mediation
process facilitated by Police Personnel Section.
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a.
Personnel Section will contact the affected district/section/unit
commander.
1)
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3, … + Start at: 1 + Alignment: Left + Aligned
at: 1.52" + Tab after: 1.77" + Indent at:
1.77", Tab stops: Not at 1.77"
District/Section/Unit Commanders will identify the complainants
and respondents in the complaint as well as clarify all issues
regarding the complaint.
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b.
District/Section/Unit Commanders will identify a mutually acceptable
third party mediator of rank equal to or higher than those involved. If
no mediator can be identified, contact Police Personnel Section for
assistance.
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1)
c.
d.
e.
Police Personnel Section will train mediators on active listening
skills and opening communication channels in the work
environment.
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The assigned Mediator will meet with the Complainant and offer the
opportunity to discuss the issues related to the complaint. The meeting
should also focus on possible resolutions. Notes should be taken
during the meeting but the meeting will not be electronically recorded.
The assigned Mediator will meet with the Respondent and offer the
opportunity to discuss the issues related to the complaint. The meeting
should also focus on possible resolutions. Notes should be taken
during the meeting but the meeting will not be electronically recorded.
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The affected District/Section/Unit Commander shall review the
Mediator’s recommendation and decide on the implementation of
the meeting.
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4
...
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Rev. 086/0523/08, Replaces 07/03/07
...
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After meeting with the Complainant and the Respondent, the assigned
Mediator must decide if a mediation meeting between the parties will
be beneficial and/or will develop a resolution. If so, the mediation
meeting should be conducted.
1)
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...
15.105
f.
g.
The assigned Mediator will prepare a brief summary of the complaint
resolution or lack of resolution on a Form 17 and submit it through the
chain of command. Upon approval by the Chief, a copy shall be
forwarded to Police Personnel Section for tracking.
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Police Personnel Section will advise HR that the complaint has been
closed.
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GF. Personnel Section Responsibilities
1.
Serve as the Department liaison with HR.
2.
Forward a copy of the EEO complaint to the appropriate district/section/unit
for investigation by a supervisor.
3.
Ensure the copy of the EEO complaint and the Department Response to
Employee Relations/EEO Complaint form are forwarded to HR.
4.
Maintain a file of all EEO complaints.
5.
Notify the Police Chief’s Office of the status of all EEO complaints.
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HG. Offensive/Derogatory Remarks by a Service Provider
1.
IH.
Retaliation
1.
JI.
Services provided through a service provider under contract with the City are
to remain free of any form of offensive or derogatory remarks, hostility or
aversion toward an individual because of his or her race, color, religion,
gender, sexual orientation, national origin, age, disability, marital status, HIV
status, or Appalachian regional ancestry, or that of his or her relatives,
friends, or associates. Personnel who believe they have been subjected to
offensive or derogatory remarks or have knowledge of conduct constituting
the above, have a responsibility to notify any resource listed in Section A.1.a.
through A.1.e.
There will be no retaliation against any employee for filing any complaint of
unlawful discriminatory or otherwise prohibited behavior, an EEO sexual
harassment complaint, or for assisting, testifying, or participating in the
investigation of such complaint.
False and Malicious Claims
1.
EEO complaints determined to be false and malicious will be treated in the
same manner as other forms of serious misconduct.
Rev. 086/0523/08, Replaces 07/03/07
5
15.106
15.106 SEXUAL HARASSMENT
Reference:
Procedure 15.105, Equal Employment Opportunity (EEO) Complaint Process
Manual of Rules and Regulations - 1.06 D, 1.13
City Manager’s Administrative Regulation #25
Cincinnati Municipal Code 308-79, Protected Employee Actions
Ohio Revised Code Chapter 4112, Civil Rights Commission
Title VII of the Civil Rights Act of 1964, As Amended
Equal Employment Opportunity (EEO) Commission Guidelines (1980)
Definitions:
Sexual harassment is defined as:
Unwelcome sexual advances, requests for sexual favors, and/or other verbal or
physical conduct of a sexual nature when:
•
Submission to such conduct is made either explicitly or implicitly a
condition of an individual’s employment.
•
Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting the individual.
•
Such conduct has the purpose or effect of unreasonably interfering with
an individual’s work performance or creating an intimidating, hostile, or
offensive working environment.
Specific behaviors that are prohibited include, but are not limited to:
•
Offensive sexual flirtation, advances, or propositions.
•
Verbal abuse of a sexual nature.
•
Graphic verbal commentaries about an individual’s body.
•
Offensive comments, jokes, or suggestions about another employee’s
gender or physical attributes.
•
Lewd or obscene jokes or gestures.
•
Leering, pinching, patting, and/or swearing, particularly when sexual
terms are used.
•
The posting of sexually offensive and/or explicit posters, photographs,
jokes, calendars, cartoons or related material at the work place.
•
Questions or discussions about one’s personal sex life.
•
Open display and/or discussion of sexual relations between employees
(either sworn or non-sworn).
Rev. 07/03/07, Replaces 2/00
1
15.106
•
Social invitations accompanied by discussion of terms or conditions of
employment or a performance evaluation.
•
Requests or instructions that clothing be worn for sexual effect.
•
Suggestive body language.
•
Display of sexually suggestive objects.
Purpose:
Allow all Department employees to work in an environment free from unsolicited and
unwelcome conduct of a sexual nature.
Establish an Equal Employment Opportunity (EEO) complaint reporting process for
sexual harassment complaints.
Policy:
Sexual harassment is against the law and is a prohibited personnel practice.
It is the responsibility of every employee to prevent a climate in the workplace that
promotes, condones, tolerates, or ignores any form of harassment, including sexual
harassment. Sexual harassment is a form of employee misconduct which undermines
the integrity of the employment relationship. Complaints of sexual harassment shall be
examined impartially and resolved promptly. Employees who violate this policy are
subject to the disciplinary process.
A non-employee who subjects an employee to any form of sexual harassment in the
workplace will be informed of the harassment policy by the employee’s supervisor or
manager. Other action may be taken as appropriate.
Supervisors notified of an EEO complaint originating within the Department will prepare
a Form 17 to the Chief.
Complaints of sexual harassment will be investigated by the Internal Investigations
Section. Internal Investigations Section supervisors investigating a sexual harassment
complaint that has been filed through the Human Resources Department (HR) will
complete the “Department Response to Employee Relations/EEO Complaint” form.
Information:
Completing the Department Response to Employee Relations/EEO Complaint form
allows supervisors to document facts and organize thoughts for an accurate response
to an EEO complaint. Maintaining records of EEO complaints assists HR and the Law
Department in identifying facts associated with the complaint.
Personnel Section is the Department liaison with HR. Personnel Section is responsible
for maintaining a file of all EEO complaints. District/section/unit supervisors must insure
copies of EEO complaints originating within the Department are forwarded to Personnel
Section.
Rev. 07/03/07, Replaces 2/00
2
15.106
The Police Chief’s Office will forward to Personnel Section copies of EEO complaints
filed through HR on behalf of or involving Department members. The Police Chief will
determine the district/section/unit responsible for the investigation of an EEO complaint.
Complaints of sexual harassment will be investigated by the Internal Investigations
Section.
Procedure:
A.
Reporting Sexual Harassment
1.
Department employees encountering sexual harassment are encouraged to
inform the person their actions are unwelcome and offensive. However,
employees are not obligated to do so.
2.
Department employees who feel they have been a victim of sexual
harassment or have knowledge of conduct constituting sexual harassment
may report a complaint to:
a.
Any supervisor.
1)
B.
Notification to a Department supervisor can be done orally or in
writing.
b.
Any EEO counselor.
c.
The City’s EEO Office (Human Resources Department)
Two Centennial Plaza
805 Central Avenue, Suite 200
Cincinnati, OH 45202
Telephone number: 352-2400
d.
The Ohio State Civil Rights Commission
7162 Reading Road, Suite 1001
Cincinnati, OH 45237
Telephone number: 852-3344
e.
The Federal Equal Employment Opportunity Commission
John W. Peck Federal Building
550 Main Street, Suite 10019
Cincinnati, OH 45202
Telephone number: 684-2851
Supervisor Responsibilities:
1.
Each supervisor is responsible for preventing acts of sexual harassment by:
a.
Monitoring the work environment on a daily basis.
b.
Counseling all employees on the types of behavior prohibited and the
Department’s procedure for reporting and resolving complaints of
sexual harassment.
Rev. 07/03/07, Replaces 2/00
3
15.106
c.
2.
Stopping any observed acts that may be considered sexual harassment
and taking appropriate steps to intervene, whether or not the involved
employees are within their line of supervision.
When a Department supervisor is notified of a sexual harassment complaint
originating within the Department, the supervisor will prepare a Form 17 to
the Chief.
a.
The Form 17 should include the names of all persons involved, time
and location where the alleged incident(s) occurred, the nature of the
harassment complaint, and any action taken.
b.
The supervisor will place the Form 17 in a sealed envelope. Do not
route through the chain of command.
c.
The Form 17 will be sent directly to the Police Chief for determination
of an investigation.
1)
C.
Internal Investigations Section (IIS) Responsibilities
1.
IIS will conduct an investigation of the sexual harassment complaint,
pursuant to their standard operating procedures (SOP). All complaints of
sexual harassment will be investigated promptly, fairly, and completely.
Each case will be handled as discreetly as possible.
2.
IIS will immediately report all sexual harassment complaints to HR. All
documents and/or evidence relating to the sexual harassment complaint
must be forwarded to HR and Personnel Section.
a.
3.
D.
A copy of the Form 17 will be placed in a sealed envelope and
forwarded to Personnel Section.
Upon completion of the investigation, a copy of the IIS report must be
submitted to HR and Personnel Section.
Complete the Department Response to Employee Relations/EEO Complaint
form.
Notification of Sexual Harassment Complaints Received from the Human
Resources Department
1.
Upon notification of a sexual harassment complaint received by HR, IIS will
conduct an investigation and complete the Department Response to
Employee Relations/EEO Complaint form. Forward a copy of the IIS report
along with the Department Response to Employee Relations/EEO Complaint
form to Personnel Section via interdepartmental mail.
a.
Completing the Department Response to Employee Relations/EEO
Complaint form is required only when the complaint has been filed
through HR.
Rev. 07/03/07, Replaces 2/00
4
15.106
E.
F.
Personnel Section Responsibilities
1.
Serve as the Department liaison with HR.
2.
Receive and forward a copy of the EEO complaint to the appropriate
district/section/unit for investigation by a supervisor.
3.
Ensure the copy of the EEO complaint and the Department Response to
Employee Relations/EEO Complaint form are forwarded to HR.
4.
Maintain a file of all EEO complaints.
5.
Notify the Police Chief’s Office of the status of all EEO complaints.
Harassment by a Service Provider
1.
G.
Retaliation
1.
H.
Services provided through a service provider under contract with the City are
to remain free of any form of sexual harassment. Personnel who believe
they have been subjected to sexual harassment or have knowledge of
conduct constituting sexual harassment have a responsibility to notify any
resource listed in Section A.1.a. through A.1.e.
There will be no retaliation against any employee for filing a sexual
harassment complaint, or for assisting, testifying, or participating in the
investigation of such a complaint.
False and Malicious Claims
1.
Complaints determined to be false and malicious will be treated in the same
manner as other forms of serious misconduct.
Rev. 07/03/07, Replaces 2/00
5
15.110
15.110 ALCOHOL AND DRUG TESTING OF DEPARTMENT
PERSONNEL
Reference:
Administrative Regulation #52 (12/19/97)
Manual of Rules and Regulations – 2.26A/B, 6.01, 6.02, 6.03, 6.04, 11.01, 11.02,
11.03
Public Employees Assistance Program (PEAP)
Supervisor's Guide to Employee Alcohol/Drug Abuse
Definitions:
Abuse: the misuse of.
Alcohol: ethyl alcohol or ethanol.
Drugs: any substance taken into the body other than alcohol, which may impair
one's mental faculties and/or physical performance.
Substance: alcohol or drug.
Purpose:
To set uniform guidelines for handling instances where Department personnel
are suspected of substance abuse.
To protect the City's interests as well as constitutional rights of individual
employees while providing the citizens of the community a safe environment.
Specifically, the policy is designed to:
•
Develop a fair and equitable method for administering a random drugtesting program.
•
Protect the public, coworkers, and the involved employee from
alcohol/drug related accidents.
•
Prevent losses in time, productivity, and unnecessary expenses that may
result from employees performing their duties under the influence of
alcohol/drugs.
•
Limit the potential for lawsuits against the City as a result of careless or
negligent acts by alcohol/drug involved employees.
•
Discourage the use of illicit drugs.
Rev. 10/24/06, Replaces 09/20/05
1
15.110
Policy:
The Police Department encourages any member who believes they have a
substance abuse problem to seek help through the Public Employees Assistance
Program (PEAP) or the police psychologist.
Department employees with a substance abuse problem who voluntarily come
forward prior to notification they have been selected for random drug testing will
not be subject to the disciplinary process. However, other administrative action
may be necessary, i.e., detailing the officer to a non-field assignment,
suspension of police powers, etc. The officer will be returned to duty after
successfully completing a drug rehabilitation program. The rehabilitation program
may include follow-up drug testing.
Incidents involving possession, preparation for sale, or trafficking in illicit,
controlled substances will be prosecuted according to State law. The Police
Department will not invoke the administrative process (Rule 2.26) in criminal
investigations. The investigating supervisor will give the employee the Miranda
Warning and follow the rules of evidence.
Procedure:
A.
On-Duty
1.
In cases of suspected substance abuse, notify the shift officer in
charge (OIC) of the district of occurrence.
2.
If the member's unit of assignment is different from the district of
occurrence or the incident occurs outside the City limits, notify a
supervisor from the member's unit. The suspected member's
immediate supervisor will respond and participate in the investigation.
3.
The investigating supervisor(s) will conduct a preliminary investigation.
At least one supervisor of higher rank than the suspected employee
will be involved in the investigation. They will determine if there is
reasonable suspicion of substance abuse and to what extent the
member is impaired.
4.
a.
Supervisors will examine bottles, flasks, or other containers they
suspect may hold alcohol or drugs.
b.
A second supervisor must confirm the reasonable suspicion of
substance abuse.
If the investigating supervisor(s) determines there is reasonable
suspicion of substance abuse:
a.
Remove any firearm from the employee's possession.
b.
Do not allow a member suspected of substance abuse to
operate a motor vehicle.
c.
Notify the member's district/section/unit commander.
Rev. 10/24/06, Replaces 09/20/05
2
15.110
d.
1)
If on-duty, the commander will respond and participate in
the investigation.
2)
If off-duty, the commander may request the on-duty
command officer to coordinate the investigation. The
district/section/unit commander will respond when there is
no on-duty command officer available to participate in the
investigation.
Notify the on-duty command officer.
1)
e.
5.
The on-duty command officer will respond and, in the
absence of the district/section/unit commander, participate
in the investigation.
Contact a member of the Internal Investigations Section (IIS)
using the Police Communications Section recall list.
1)
IIS will respond and conduct the investigation and will
personally transport the member to the test site.
2)
Investigating unit supervisor(s) will assist IIS in the testing
and investigative process if requested.
Testing for substance abuse
a.
b.
An IIS investigator will transport the member to the drug testing
facility. IIS will advise hospital personnel of the estimated time
of arrival and that a drug screen collector is needed to
administer the drug test.
1)
CONSENTRA Medical Center, located at 4623 Wesley
Avenue Suite C, Cincinnati, Ohio 45212, will administer
drug tests Monday through Friday, from 0800 hours to
1600 hours
2)
The Jewish Hospital, Health Alliance, 4777 E. Galbraith
Road, will administer drug tests from 1600 hours to 0800
hours and on weekends.
The hospital laboratory will obtain and analyze a urine specimen
and send the results to the Employee Health Services (EHS)
physician. All records pertaining to the test will remain
confidential and restricted. Only authorized personnel will have
access to the test results.
1)
If the test is positive, the member may select a City approved
alternative laboratory and have the sample re-tested at their
own expense.
a)
The officer will coordinate with IIS to schedule a retest
of the sample.
Rev. 10/24/06, Replaces 09/20/05
3
15.110
b)
6.
7.
8.
For chain of custody purposes, the City’s medical
provider will transfer the specimen directly to the
alternative laboratory with appropriate entries made
on an Evidence Submission Form.
If, upon conclusion of the testing and investigation process, the
district/section/unit commander or on-duty command officer concludes
a member is impaired due to substance abuse he will:
a.
Direct the member to submit a Form 17 stating all pertinent
information about the incident.
b.
Relieve the member of duty in accordance with Sections 11.01,
11.02, and 11.03 of the Manual of Rules and Regulations.
Duties of the investigating supervisor
a.
The investigating supervisor will provide transportation home or
to a health care facility for a member relieved of duty. Do not
permit the member to operate a motor vehicle.
b.
Make a blotter note at the member’s unit of assignment showing
the time the member was relieved of duty.
c.
Secure the member’s badge, wreath, firearm, Taser, and official
identification in the district/section/unit’s property room.
d.
IIS, the investigating supervisor(s), and district/section/unit
commander or on-duty command officer will prepare and submit
all required reports containing all pertinent information about the
incident. Include the determination of reasonable suspicion and
the physical/mental condition of the member at the time of the
infraction. Distribute copies to the following:
1)
Police Chief.
2)
Member’s bureau commander.
3)
Member’s district/section/unit commander.
4)
Investigating supervisor’s unit.
5)
IIS.
Duties of the command officer
a.
The on-duty command officer will notify the Police Chief before
the member’s next tour of duty. The command officer will
recommend the return to duty or the suspension of the member.
On weekends or holidays the command officer will notify the
Administrative Duty Officer and make his recommendations.
Rev. 10/24/06, Replaces 09/20/05
4
15.110
b.
B.
The Police Chief or acting Police Chief will hold a hearing before
the member’s next tour of duty.
1)
IIS will notify the member to attend the hearing.
2)
The Police Chief will determine whether to suspend the
member pending a disciplinary hearing or return the
member to duty.
Off-Duty
1.
Substance abuse by an off-duty Department member acting in the
capacity of or with the authority as a police officer is subject to testing.
a.
2.
Investigating supervisor(s) determining reasonable suspicion of
substance abuse which, in their opinion, caused, contributed to,
or aggravated an action of misconduct will:
1)
Notify the appropriate command personnel and IIS
following the same procedure as in Sections A.4.c., A.4.d.,
and A.4.e.
2)
If the command officer agrees, the employee will
immediately be ordered to paid, on-duty status.
3)
Follow the on-duty procedure as in Section A.
If the incident is not related to the capacity of or authority as a police
officer, handle the instance of substance abuse according to state
law.
a.
Notify the shift OIC of the district of occurrence.
1)
C.
The shift OIC will notify the unit commander of the district
of occurrence and the on-duty command officer.
b.
Process off-duty Operating a Vehicle Under the Influence (OVI)
offenses according to State law.
c.
Handle incidents involving the possession, preparation for sale,
or trafficking of illicit controlled substances according to State
law.
Random Drug Testing for Sworn Personnel
1.
The Police Department designed a random drug urinalysis-screening
program to detect the use of dangerous, harmful, and detrimental
substances, hallucinogens, and marijuana.
a.
Sworn personnel should not use prescription medication of a
family member or coworker. It could result in a positive test.
Rev. 10/24/06, Replaces 09/20/05
5
15.110
2.
CONSENTRA will conduct a nine panel urine drug screen for the
drugs listed below. Testing for additional drugs may also be done.
a.
Cannabinoids (Marijuana, Metabolite)
b.
Benzoylecgonine (Cocaine, Metabolite)
c.
Opiates (Codeine, Morphine, Hydrocodone, Hydromorphone,
Oxycodone)
d.
Amphetamines (Amphetamine, Methamphetamine)
e.
Phencyclidine
f.
Barbiturates (Phenobarbital, Secobarbital, Pentobarbital,
Butalbital, Amobarbital)
g.
Benzodiazepines (Oxazepam, Nordiazepam, Alpha OHAlprazolam, Temazepam)
h.
Propoxyphene
i.
Methadone
j.
Ecstasy
3.
All sworn personnel are subject to random drug testing.
4.
An independent computerized probability sampling process known as
“Simple Random Selection with Replacement” will select sworn
Department personnel for random drug testing. The program ensures
each sworn employee has an equal probability of selection each time
the Department initiates a random test.
5.
The Police Chief determines the frequency of testing.
6.
Sworn members assigned to high risk specialized assignments will be
tested more frequently. This includes the Police Chief, all assistant
chiefs and captains as well as sworn personnel assigned to the
following:
a.
Central Vice Control Section.
b.
Court Property Unit.
c.
DARE Unit.
d.
District Violent Crime Squads.
e.
Internal Investigations Section.
f.
Inspections Section.
g.
Intelligence Section.
Rev. 10/24/06, Replaces 09/20/05
6
15.110
7.
8.
h.
Regional Narcotics Unit.
i.
SWAT Unit.
j.
Vortex Unit.
All sworn personnel will submit to urinalysis drug testing
prior to being assigned or detailed and upon leaving any
high risk specialized assignment.
2)
The supervisor of an officer entering or leaving a district
Violent Crime Squad will notify Inspections Section of the
drug test by fax and include where the officer is
transferred/detailed from and transferred/detailed to. This
will include the officer’s name, badge number, and the
effective transfer/detail dates to and from the Violent Crime
Squad.
Inspections Section will notify shift or unit supervisors when the
computer selects any of their personnel for testing.
a.
Officers utilizing sick time following the notification of drug testing
will be tested on the date returning to work.
b.
Officers attending training must respond for testing unless
training is conducted outside of Hamilton County, Ohio, or Boone
County, Kentucky.
A supervisor will notify on-duty sworn personnel, randomly selected
for drug screening, in writing by placing notification in the blotter.
a.
b.
9.
1)
The Inspections Section Commander will provide personnel
selected for drug screening with a Form 96, Random Drug
Testing Notification.
1)
Inspections Section retains the original copy of the Form
96.
2)
The officer will retain a copy of the Form 96.
Off-duty sworn personnel will not be ordered to on-duty status
for the purpose of random drug testing.
Officers will comply with the instructions received from screening
personnel at the collection site.
a.
The officer must present their driver’s license and Department
I.D. card to confirm their identity.
b.
The bathroom facility of the testing area is private and secure.
1)
Testing personnel will search the facility before and after
the sworn member provides the urine sample to ensure it is
free of any foreign substances.
Rev. 10/24/06, Replaces 09/20/05
7
15.110
2)
10.
The officer being tested will remain at the collection site in full view of
laboratory personnel, except while providing the sample, until an
acceptable urine sample is produced by the employee (maximum of
three hours).
`a.
If the officer is unable to urinate (shy bladder) for the random
drug test, the laboratory technician will allow the officer to
consume up to 40 ounces of liquid. If the officer leaves without
urinating before the three-hour limit, the officer will be deemed
as having refused to take the test. The refusal will be seen as a
positive drug test and appropriate action taken.
b.
Officers unable to urinate within the three-hour time limit will
immediately be examined by a physician to determine if a health
reason exists which prevents the individual from urinating. If the
physician determines there is a health reason for not urinating,
the test will be classified as indeterminate. The officer must
have the problem medically corrected and submit to another
drug test. If the physician determines no health reason exists to
prevent the officer from urinating, the officer is deemed to have
refused to take the test and appropriate action will be taken.
1)
11.
The testing person will place color dye in the toilet bowl
water.
If this occurs during normal work hours, the officer should
immediately be taken to EHS to see a City physician. If
this occurs during other than normal work hours, the officer
should be immediately directed to see an emergency
medical physician at The Jewish Hospital.
Method of Testing
a.
The urine sample will be split into two portions for testing
purposes.
b.
The initial drug test will be an Enzyme Multiple Immunoassay
Testing (EMIT) procedure performed on one of the specimen
portions. This is a Substance Abuse Mental Health Services
Administration (SAMHSA) certified method of testing.
1)
c.
The second portion will be held for additional testing as
outlined in Section C.12.
If the initial drug screen test indicated a positive result, the
laboratory will ensure a confirmation test is completed. The
confirmation test will be a Gas Chromatography/Mass
Spectrometry (GC/MS) procedure. This is also a SAMHSA
certified method of testing.
Rev. 10/24/06, Replaces 09/20/05
8
15.110
d.
12.
The Medical Review Officer (MRO) will contact the officer
regarding the confirmed positive prescription drug test. The
officer will have the opportunity to provide the MRO with a
prescription drug container and the identity of the
prescribing/dispensing physician or health care provider for
confirmation. No other City employee or agent will be informed
of the confirmed positive test until the verification is held.
1)
The MRO will contact the testing laboratory in an effort to
verify that the prescription drug presented by the officer
matches the drug identified in the confirmed positive drug
screen test.
2)
If the prescription drug and the drug identified in the
confirmed positive drug screen test match, the drug screen
test will be considered a negative drug screen test result.
e.
All records relating to the negative drug screen test will become
part of the officer’s medical record and remain confidential and
restricted at EHS.
f.
The testing laboratory will forward all test results only to the EHS
physician in an envelope marked “Personal and Confidential”.
g.
The EHS physician will determine the duty status of the officer
using the prescription drug.
h.
EHS will immediately notify Inspections Section who will notify
the Police Chief, the affected officer, and the Fraternal Order of
Police (FOP) President on all confirmed and verified positive
drug screen results.
A sworn member whose drug screen test result is confirmed and
verified positive may demand the second portion of the split urine
specimen be tested by a SAMHSA certified laboratory of the officer’s
choosing.
a.
The officer must submit a written demand for a second test to
the SAMHSA certified laboratory which processed the random
drug screen sample and issued the positive test result within ten
working days following the date on which the officer received
notification of the positive test
b.
The SAMHSA certified laboratory that issued the positive test
result will send the second portion of the split urine sample to
the SAMHSA certified laboratory chosen by the employee for the
second drug screen test within 72 hours after receiving the
written demand.
c.
Appropriate chain of custody procedures, mutually approved the
City and the FOP, will be closely followed in all cases.
Rev. 10/24/06, Replaces 09/20/05
9
15.110
d.
13.
The officer will pay the re-testing expenses related to the second
drug screen test. If the drug screen test from the laboratory
chosen by the employee is negative, the City will fully reimburse
the officer for the cost of the second drug screen test.
Civilian Employees
a.
Civilian employees are not covered by this random drug testing
policy.
b.
Civilian employees are subject to the Substance Abuse Policy
approved by the City Manager.
Rev. 10/24/06, Replaces 09/20/05
10
15.112
15.112 USE OF CHEMICAL SUBSTANCES
Reference:
Manual of Rules and Regulations – 6.01, 6.02, 6.03, 6.04
Ohio Revised Code Section 2923.15 Using a Weapon While Intoxicated
Standards Manual – 26.1.5
Policy:
It is the policy of the Cincinnati Police Department that the use of chemical
substances while on duty is not permitted. This includes the consumption of
alcoholic beverages as well as the use of any illegal drug. It is recognized that
certain assignments, usually of a covert nature (i.e., vice detail, etc.), require that an
officer be permitted to consume alcoholic beverages while on duty in order to carry
out a particular case investigation. In no case, however, should an officer ingest an
illegal drug while on or off duty.
Procedure:
A.
Alcohol Consumption by On-Duty Personnel
1.
When an officer plans to conduct an investigation in which the
consumption of alcohol will be necessary, the officer’s immediate
supervisor will be notified.
a.
Notification may be preset, reported at roll call, or via telephone.
1)
b.
2.
Use of the police radio for this notification is not advised.
If such notification is not possible due to circumstances beyond the
control of the investigator (e.g., officer's informant and/or major case
may be jeopardized), the investigator is to notify a supervisor as
soon as possible after such action is taken.
It is the responsibility of the officer involved in an investigation in which
alcohol is being consumed to do so in strict moderation.
a.
Officers are expected to exercise sound judgment at all times.
b.
Consumption of alcohol will be avoided whenever possible.
c.
If it becomes necessary, an officer should order a drink consistent
with his undercover role that contains the least concentration of
alcohol (i.e., low alcohol beer, regular common brand beer, highly
diluted mixed drinks, etc.).
1)
If at all possible, officers will consume no more than one drink
per hour.
2)
No more than three drinks should be consumed in an eight
hour tour of duty.
Rev. 12/17/02, Replaces 10/00
1
15.112
3)
3.
Officers will indicate on their Daily Activity Record (Form 436A) those
investigations and locations in which the purchase and/or consumption of
alcohol was necessary.
a.
4.
This would generally be the same information listed on the officer's
individual expense record.
If the investigator or other officer notes the ability, judgment, conduct,
demeanor, or physical state of any officer has been adversely affected as
a result of alcohol, that officer will notify a supervisor at once.
a.
The supervisor will then take the necessary action required.
1)
b.
B.
Whenever possible, every effort should be made to dispose of
drinks in a surreptitious manner (i.e., flush in toilet, leave drink
unconsumed, etc.).
This may include action such as assigning time off or
placement in a noncritical assignment area for the remainder
of the tour of duty.
a)
An impaired officer should never be permitted to operate
a vehicle or possess a firearm.
b)
The officer's safety and well-being should be a main
factor in making this determination.
Each officer will be held accountable for his actions.
Illegal Drug Consumption/Ingestion by Police Personnel
1.
Police personnel will not consume an illegal drug to facilitate a successful
investigation, or for any other reason.
a.
2.
Options to consider when presented drugs are:
1)
Conduct an immediate arrest, even though longer term
investigations may be sacrificed.
2)
Make an excuse to leave and continue the investigation at a
later time.
3)
Take the drug "to go."
4)
Accidentally spill the drug.
5)
Simply abandon that particular investigation, even if it means
that undercover identity is compromised.
Under certain circumstances, simulated use of drugs may be acceptable.
Rev. 12/17/02, Replaces 10/00
2
15.112
a.
3.
If an officer is accidentally or forcibly caused to ingest or absorb drugs, he
must notify his supervisor, who will order a medical examination and
treatment.
a.
4.
The supervisor will complete a Form 91SP (Supervisory
Investigation of Employee Injury).
Supervisors will remain alert for signs that an employee may be
developing a tendency toward chemical substance dependence/abuse.
a.
C.
If simulation occurs, the officer must notify his supervisor as soon
as possible and document the need for simulation on his Form
436A, including all relevant details.
If any signs are indicated, intervention and assistance should be
provided to the employee.
Prescribed Medication
1.
When sworn personnel are prescribed medication by a physician or
dentist, they will request the status of the medication as either a
controlled or a non-controlled substance and its effects on the officer.
a.
If prescribed a controlled substance medication and are ingesting
the substance, sworn personnel will:
1)
If unable to report for duty, call in and notify a supervisor.
(Follow Procedure 19.105)
2)
If able to report for duty, immediately notify a supervisor. The
supervisor will place him/her on light duty status until released
by the Employee Health Services (EHS) physician.
3)
At no time possess a firearm while ingesting or under the
influence of a controlled substance. (Reference O.R.C.
2923.15, Using a Weapon While Intoxicated)
a)
b.
2.
There is no exception to the prohibition – law
enforcement officers must not be under the influence of
alcohol or controlled substance at the time they carry or
use any firearm or dangerous ordnance.
This information will be kept confidential by the Police Department
and maintained in the employee’s medical file.
It is not necessary to report the use of over-the-counter or non-controlled
prescription medications.
Rev. 12/17/02, Replaces 10/00
3
15.115
15.115 ADMINISTRATIVE INSIGHT
Purpose:
Notify the employee of an investigation's findings.
Increase employee awareness to the causes of an incident to prevent similar
situations in the future.
Serve as a record that positive methods have been employed to assist the
employee.
Procedure:
A.
Administrative Insight Process:
1.
2.
3.
When Department employees act contrary to established procedures
or rules, or do not fulfill the police mission to the best of their ability,
the Integrity Management Section Commander will:
a.
Advise the Police Chief of the circumstances.
b.
Notify the employee's bureau commander when the Police Chief
determines an Administrative Insight is the proper course of
action.
The bureau commander will:
a.
Have the district/section/unit commander and the employee
appear for an Administrative Insight interview, or
b.
Have the district/section/unit commander conduct an interview
with the employee's immediate supervisor and the employee.
The Administrative Insight interviewer will:
a.
Review the circumstances of the incident.
b.
Recommend positive methods the employee can use in the
future to prevent a recurrence.
1)
Document on a Form 17 and in the employee’s Evaluation
Supplement Log.
a)
4.
Forward the Form 17 to the bureau commander.
After the interview, the bureau commander will:
a.
Send the Form 17 to the Police Chief indicating the action taken.
b.
Send copies to the Personnel Section Director for inclusion in
the employee’s Personnel Jacket.
Rev. 8/97, Replaces 10/92
1
15.125
15.125 ARREST OR COURT ACTION AGAINST
DEPARTMENT MEMBERS/SUSPENSION OF POLICE
POWERS
Reference:
Manual of Rules and Regulations, 2.17, 9.28, 12.01
Procedure 12.020, Uniforms, Related Equipment, and Personal Grooming
Purpose:
Ensure the rights of all Police Department members.
Prevent unnecessary financial loss to the member and the City.
Ensure the Department and the City Solicitor's Office receives proper and timely
notification of court actions, arrests, or citations involving Department members.
Ensure legal representation, in appropriate cases.
Ensure affected Sections are notified when a police officer’s powers are
suspended.
Policy:
Members will immediately report to their commanding officer any arrests or court
actions instituted against them arising from the scope of their employment, or
other legal actions that may affect their employment.
Procedure:
A.
Civil Actions Against Department Members
1.
Police Department members receiving notification of a civil court
action instituted against them, except in matters arising outside the
scope of their employment will:
a.
Notify the Police Chief on a Form 17CS, via the chain of
command, prior to the end of the member’s current tour of duty.
A copy of the lawsuit and all other pertinent documents must be
attached to the Form 17CS. Forward a copy of the Form 17CS
and the original lawsuit with all attachments to the City Solicitor’s
Office and a copy of all documents to Planning Section via
Interdepartmental Mail.
1)
If the member is off duty he must submit the form no later
than his next tour of duty.
2)
If the member is on extended leave he will immediately
notify his immediate supervisor.
Rev. 01/13/09, Replaces 6/14/05
1
15.125
a)
3)
Members will keep a copy of the lawsuit and all
attachments.
4)
Members will consult with the City Solicitor’s Office prior to
signing any legal documents.
a)
b.
Members may sign a certified mail receipt
acknowledging acceptance of the lawsuit.
Include in the Form 17CS:
1)
A request for legal representation.
a)
B.
The supervisor will obtain copies of court documents
and complete and route the Form 17CS as required
in Section A.1.a. to the Police Chief, the City Solicitor
and Planning Section.
This does not preclude members from seeking private
legal counsel of their choice.
2)
The name(s) of the plaintiff(s).
3)
The case number.
4)
The ETS (Employee Tracking Solution) tracking number
from the precipitating incident, if applicable.
5)
The court in which the suit was filed (e.g. Hamilton County
Common Pleas Court, U.S. District Court).
6)
The date of service the suit was accepted.
7)
A phone number, working hours, district/section/unit of
assignment and shift commander, through which the City
Solicitor may contact you.
Criminal/Traffic Violations By Department Members
1.
2.
All members will immediately notify their district/section/unit
commander or, in his absence, the Police Communications Section
supervisor, if they are:
a.
Physically arrested for any violation.
b.
Cited for a criminal violation or a minor misdemeanor violation,
excluding minor traffic violations.
c.
Notified of or receive any operator’s license suspension from the
Bureau of Motor Vehicles.
The member will provide written notification on a Form 17 and forward
it to the Police Chief, via the chain of command, the same day as
received or upon return to duty.
Rev. 01/13/09, Replaces 6/14/05
2
15.125
a.
C.
The member will attach copies of all related documents.
Administrative Responsibilities In Civil Cases
1.
The district/section/unit commander, or his designee, will hand deliver
the original Form 17CS and a copy of the lawsuit with all attachments
to the Police Chief's Office the same day as received.
2.
The Police Chief will forward the Form 17CS and attachments to
Planning Section the same day as received.
3.
Planning Section will:
a.
Ensure the City Solicitor’s Office has received notification of the
lawsuit.
b.
Generate an “Add Civil Suit” case in ETS if precipitating incident
has been entered into the ETS system.
1)
c.
D.
Maintain a file copy.
Administrative Responsibilities In Criminal/Traffic Cases
1.
E.
If no initiating incident has been entered into ETS, create a
new case folder in ETS for a civil lawsuit.
The district/section/unit commander or the PCS supervisor will
immediately notify the affected division commander who will
determine the necessity of notifying other administrative personnel,
including the Internal Investigations Section, if necessary.
Legal Inquiries/Court Documents Directed To Department Members
1.
Any Department member contacted by an attorney requesting
comments, statements, or a deposition; or subject to any civil matter
directly or indirectly related to their employment; or subject to any civil
matter arising outside the scope of their employment will:
a.
Provide notification as outlined in Section A. before any
statement is given when:
1)
The matter may influence the member's daily job
performance, or
2)
The matter may require the Department's or City Solicitor's
Office involvement in any form, or
3)
The matter may adversely affect the member's standing
within the Department, or
4)
Considered in total, the civil matter, or the consequences
thereof, may be detrimental to, or have an impact upon, the
Department, City, or any City employee.
Rev. 01/13/09, Replaces 6/14/05
3
15.125
2.
Department members will not accept or sign for a certified letter,
return receipt requested, from the Postal Service, addressed to
another Department member.
a.
The Postal Service employee will leave a notice that a certified
letter is being held at the Post Office.
b.
Forward the Postal Service notice to the member.
1)
c.
If the member is on extended leave, his immediate supervisor
will attempt to contact him, making a blotter entry indicating the
results.
d.
The only exception to Section E.2. is a member will accept a
certified letter, return receipt requested, addressed to the Police
Chief or the Cincinnati Police Department (if no individual
addressee is listed).
1)
3.
The accepting member will contact a supervisor who will
immediately have the letter hand delivered to the Police
Chief's Office or the affected district/section/unit.
Department members may accept legal service documents addressed
to them personally.
a.
F.
Make a blotter entry indicating the notice was forwarded.
Failure to accept legal service documents may result in the
member’s home address being disclosed in order for service to
be completed.
Notification Process of Suspension of Police Powers
1.
2.
Only the Police Chief or Acting Police Chief has the authority to order
the suspension of a Department member’s police powers.
a.
Any supervisor is able to temporarily relieve a member from duty
based on grounds of unfit for duty or misconduct. The Police
Chief or Acting Police Chief will then determine whether or not to
suspend the member’s powers.
b.
Once the suspension is ordered, any supervisor can execute the
order to suspend a Department member’s police powers.
Personnel Section will maintain a current database of all suspended
Department personnel.
a.
Upon the suspension of a Department member’s police powers,
the following information should be immediately forwarded to
Personnel Section:
1)
Name and current assignment of officer whose powers are
suspended
Rev. 01/13/09, Replaces 6/14/05
4
15.125
2)
Any change in officer’s assignment or duties
3)
Beginning date of suspension
b.
Personnel Section must be notified upon restoration of
Department member’s police powers.
c.
Personnel Section is responsible for making the necessary
notifications regarding the suspension of a Department
member’s police powers.
Rev. 01/13/09, Replaces 6/14/05
5
15.130
15.130 WAGE GARNISHMENTS
Reference:
Procedure 13.107 - Evaluation Supplement Log
Manual of Rules and Regulations - 1.33
Ohio Revised Code 2716.05 and 3113.213
Public Employees Assistance Program (PEAP)
Definitions:
Garnishment: A stoppage of a specified sum from an individual's wages to
satisfy a creditor. It is a result of a judgment obtained against an employee in a
court of record.
Creditor: A person or company to whom money or goods are owed.
Purpose:
Ensure integrity in the police operation.
Provide employees with appropriate incentive to deal responsibly with their
personal finances.
Policy:
Employees will not undertake any financial debts which they know or should
know they cannot meet. Employees will pay all legally enforceable debts when
due. The Police Department will make a reasonable effort to enable employees
to get help in dealing with financial problems before invoking disciplinary
sanctions.
Nothing in this procedure prevents the Police Department from invoking
disciplinary sanctions against a garnished employee. The Police Department will
not discipline or dismiss an employee garnished for child support or alimony per
ORC 3113.213.
The Police Department encourages employees with financial problems to seek
help on a voluntary basis through the Public Employees Assistance Program
(PEAP).
The Police Department will not discipline or dismiss an employee for only one
credit garnishment.
An assignment transfer is appropriate when the employee’s current assignment
provides an easy opportunity for the employee to be financially compromised
because of garnished wages.
Information:
State law requires the Treasurer’s Office to withhold up to 25% of the employee’s
disposable income (gross pay minus deductions required by law) to satisfy the
creditor.
Rev. 06/07/05, Replaces 06/01
1
15.130
The Treasury notice of garnishment includes the number of garnishments
received against the employee within the last 12 months. Each separate
garnishment is counted, even if they all arose from the same debt.
The City of Cincinnati pays for services provided to City employees by PEAP.
Employees may call PEAP for telephone consultation or set up a private meeting
for financial counseling. The services provided by PEAP include assessment of
current financial crisis, review of past due and current bills, and discussion of
options available to resolve immediate and long-term problems. Several referral
agencies include The Trusteeship Program, United Way, and Debtors
Anonymous.
Procedure:
A.
Garnishment Notice
1.
The Internal Investigations Section (IIS) is responsible for tracking
garnishments. When the Police Department receives notice from the
Treasurer, the IIS Commander will forward the garnishment papers
along with a cover Form 17 through the chain of command. The
division commander will forward the garnishment papers to the
affected employee's district/section/unit commander.
a.
The employee's district/section/unit commander will ensure
prompt service of the garnishment papers on the employee.
1)
B.
The serving supervisor will indicate service on the cover
Form 17 and return the form to IIS through channels.
Disciplinary Actions Involving Garnished Employees
1.
A first credit garnishment will result in an entry in the employee's
Evaluation Supplement Log (ESL). The employee's unit supervisor
will refer the employee to PEAP for financial counseling on a voluntary
basis.
2.
A second garnishment within 36 months will result in a written
reprimand. IIS will prepare the written reprimand and send it through
channels for service upon the employee. The employee’s unit
supervisor will prepare and serve a PEAP referral on the employee for
mandatory financial counseling.
3.
a.
A copy of the PEAP referral will be returned to IIS with the other
paperwork.
b.
The unit supervisor issuing the PEAP referral will check with
PEAP after thirty days to confirm the employee utilized the
referral and attended a financial counseling session. The unit
supervisor will request a confirmation letter from PEAP which will
be forwarded to IIS.
Three or more garnishments within 36 months will result in a
Disciplinary Hearing for the employee.
Rev. 06/07/05, Replaces 06/01
2
15.130
a.
IIS receives wage garnishment paperwork and sends it through
proper channels to the employee’s unit of assignment.
b.
IIS will prepare a Form 17 requesting appropriate disciplinary
action and forward it to the Police Chief for approval.
c.
The employee’s supervisor will serve the garnishment papers
and a PEAP referral upon the employee and forward the
completed forms through the chain of command.
Rev. 06/07/05, Replaces 06/01
3
16.100
16.100 CASH MONEY: ACCOUNTING AND SECURITY
Purpose:
Provide a system of cash money accountability and security.
Establish a procedure for the acceptance of cash money by the Cincinnati Police
Department and the deposit of cash money to the control of the City Finance
Department.
Establish a procedure for purchases paid from the petty cash account.
Procedure:
A.
Money received by the Cincinnati Police Department for Services, and Sale
of Forms:
1.
Impound Unit personnel will collect and control monies received for
impound and storage fees.
a.
Impound Unit personnel will deposit these funds, including
accounting records and receipts, at the City Treasurer's Office
by 0900 hours each morning.
1)
b.
2.
Make deposit slips in duplicate. Retain one copy at the Impound
Unit.
Records Section collects money between 0800 and 1700 hours.
a.
b.
B.
Monies collected on Friday and weekends will be held in a
secure location and deposited on Monday.
Accumulated money, receipts, and deposit slips will be placed in
a bank pouch, locked, and taken to the City Treasurer’s Office
for daily deposit.
1)
Retain one copy of the deposit slip.
2)
Send the cash receipt schedule to the City Finance
Department.
A Records Section supervisor, or designee, will make the
deposit.
Petty Cash Account:
1.
The petty cash account is maintained by the Finance Management
Section.
2.
Petty cash disbursements will not exceed $25.00 without the approval
of the Finance Management Section.
Rev. 1/16/07, Replaces 2/96
1
16.100
3.
C.
Reimbursements to petty cash funds are made on a Form 18S, Petty
Cash Reimbursement Voucher, showing each disbursement, and
accompanied by receipts.
Petty Cash Purchases:
1.
Purchases using petty cash funds are allowable under the following
situations:
a.
The item needed is not stocked or covered by a contract.
1)
b.
2.
D.
Contact the Supply Unit prior to purchase to determine if a
contract exists and how to proceed with the purchase.
Emergencies - When the results of an operation would be in
jeopardy if the purchase was not made. A brief written
explanation of this need must be attached to the receipt.
The district/section/unit commander must sign the receipt. Also
include on the receipt the name of the person from the Supply Unit
authorizing the purchase. Hand carry the receipt to Finance
Management Section for reimbursement.
a.
Tax on purchases will not be reimbursed. A tax exempt number
can be obtained from the Supply Unit.
b.
Finance Management Section personnel may reject payment if
procedure is not followed.
Petty Cash Audit:
1.
Finance Management Section will conduct a quarterly audit of petty
cash funds. The four auditing periods are:
a.
January 1 through March 31.
b.
April 1 through June 30.
c.
July 1 through September 30.
d.
October 1 through December 31.
Rev. 1/16/07, Replaces 2/96
2
16.105
16.105 CORRECTION OF ERRORS ON DEPARTMENT PAY
CHECKS
Procedure:
A.
Errors on paychecks
1.
When the figures regarding time, overtime, court time, sick and
vacation on the check stub do not agree with what the individual
employee believes to be correct, the following steps will be taken:
a.
Unit records will be checked to make sure correct information
was submitted. All time records are unit based and must be
submitted from the unit to be entered on the payroll register.
b.
If the unit records indicate that the information was recorded and
forwarded correctly, the employee's supervisor will be so
advised.
2.
A Form 17 will be prepared to the bureau commander from the
section or district commander, giving the name, rank, assignment,
employee number, and a resume of the problem. A notation will also
be included that unit records were checked and are correct.
3.
The bureau commander will review and forward the complaint to the
Fiscal and Budget Section through the Resource Bureau.
4.
The Fiscal and Budget Section will investigate and correct any error
detected.
a.
The complainant will be contacted by telephone explaining the
action taken.
b.
A copy of the Correction Form (changes to vacation, sick leave,
and leave without pay), if needed, will be sent to the individual
through channels.
c.
Individuals will not call the Fiscal and Budget Section directly, as
it will slow the process.
Rev. 1/97, Replaces 3/92
1
16.110
16.110 PERSONNEL ACCOUNTING AND DISTRIBUTION
Reference:
Cincinnati Police Department Payroll Storage System User Manual
Purpose:
Provide a system of personnel accounting and distribution.
Establish a procedure for the distribution of reports concerning shift assignments
and off-day group assignments.
Procedure:
A.
Assignment Report Changes
1.
All district/section/unit commanders will submit an Assignment Report
Changes (Form 17) every 28 days. This report is due on the
Thursday before the effective date. Personnel Section will publish a
list of the “effective dates” by December of each year.
a.
b.
B.
The Assignment Report Changes will reflect the following
information as of the effective date:
1)
Changes in shift and/or off-day group assignments.
2)
Personnel separated or transferred (note date and reason,
e.g., retired, transferred out, etc.).
3)
List total number of personnel by rank (sworn and nonsworn) for each district/section/unit.
If no changes are made, indicate in writing “NO CHANGES.”
Police Department Assignment Report
1.
Personnel Section will maintain control of Police Department
Assignment Reports.
a.
Changes to the master copy of the Police Department
Assignment Report are made based upon the information
received from the Assignment Report Changes, Form 17.
b.
By the Thursday following the effective date, Personnel Section
will distribute the revised report to all affected
districts/sections/units.
c.
Personnel Section will maintain current information from the
Assignment Report in the Regional Computer Center (RCC)
CLEAR badge file. This will ensure Department personnel
receive court notifies at their unit of assignment.
Rev. 06/24/08, Replaces 06/19/07
1
16.110
1)
C.
Personnel Section will forward the Assignment Report to
the Crime Analysis Squad. The Crime Analysis Squad will
perform an upload of the Assignment Report to RCC
through the File Transfer Protocol (FTP) Connection.
Time Book Symbols
1.
Use the following symbols when marking Time Books:
CTO - Compensatory Time Other
CTT - Fair Labor Standards Act (FLSA) time
HOL - Holiday sworn and non-sworn
VAC - Vacation
BDY - Birthday
ADM - Administrative Leave
SWP - Sick With Pay
SAD - Sick Pay Death
SPF - Sick Pay Family
SPM - Sick Pay Maternity
SUI - Sick Use Incentive (Div. 1)
SWO - Sick Without Pay
IUF - Injured With Pay sworn
INU - Injured With Pay non-sworn
SPI - Sick Pay Injury
FSK - Family Medical Leave Act (FMLA) Sick
FHL - FMLA HOL
FVC - FMLA VAC
FIU - FMLA IUF sworn
FIN - FMLA INU non-sworn
FAM - FMLA Without Pay
MTL - Military Duty With Pay
MWO - Military Duty Without Pay
LWP - Leave Without Pay
AWL - Absent Without Leave
SUS - Suspension Without Pay
DNT - Donated Time
MDL - Medical Dental Leave
UNN - Union Release Time
JUR - Jury Duty
LLT - Legal Liability Time
PWP - Personal With Pay
TDY - Tardy
LTD - Light Duty – Work Related
LDN - Light Duty – Non-work Related
D - Detailed
O - Off Day
| - Day Worked
TRN - Training
2.
Place a copy of these symbols in the front of the Time Book as a
reference.
Rev. 06/24/08, Replaces 06/19/07
2
16.111
16.111 EMPLOYEE TRACKING SOLUTION
Reference:
Memorandum of Agreement between the Cincinnati Police Department and the
U.S. Department of Justice
Employee Tracking Solution Protocol
Definitions:
Organizational Group - employees assigned to the same work group within the
same district, section, or unit. Example: activity generated by second shift
officers assigned to District One is compared to the activity of only those officers
assigned to second shift in District One. Bureau commanders will determine the
composition and number of groups within their respective bureau.
Personnel Service Record – information in the individual Personnel Information
Sheets, Personnel Service Jacket, and the individual personnel file contained
within the Employee Tracking Solution (ETS). The Personnel Service Record is
just one of several tables within ETS and is used to provide the common dataset,
e.g., Employee Identification Number, to link data in the other components of
ETS.
Weighted Risk Assessment – all risk activities tracked in ETS are given
specific weights to allow for a compilation scoring. This compilation score will be
the basis for comparing employees within their organizational group based on
variance from the mean. To view a specific weight assigned to a risk activity in
ETS, click on the Inspections Section icon, then click on the Activity Assessment
icon, and then click on the Activity Assessment Setting Document icon.
Threshold – values individually determined for each organizational group from
the weighted aggregate risk activity and each individual activity measured by
ETS. When used for analysis, thresholds will be defined in standard deviations
above and below the mean. Initially, the threshold will be set at one standard
deviation. However, once the system has been in use, thresholds may be
modified to make the best use of the analysis capabilities of the system.
Purpose:
The Employee Tracking Solution (ETS) is a tool to assist supervisors and
managers in the assessment of overall employee performance and to serve as
an early warning system for employees engaged in risk activities.
Policy:
Managing risk is an important factor in the success of an organization. Reviewing
risk activities and patterns of risky behavior, as well as recognizing proper and
ethical conduct is the responsibility of those supervisors and managers. ETS
has been developed to assist supervisors and managers in identifying both high
achieving employees and those employees in need of intervention.
Revised 05/09/06, Replaces 08/24/04
1
16.111
When the intervention includes a referral to an outside agency (Public
Employees Assistance Program, police psychologist, etc.) only the name of the
agency will be listed. The reason for the referral will be outlined in the
employee’s medical jacket maintained at Personnel Section. Authorized
employees may access the medical jacket by contacting Personnel Section.
Information:
ETS will capture and record information on the following areas:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Uses of force
Canine bite ratios
Number of canisters of chemical spray used by officers
Injuries to prisoners
Instances in which force is used and a subject is charged with
“resisting arrest”, “assault on a police officer”, “disorderly
conduct”, or “obstruction of official business”
Critical firearm discharges, on and off-duty
Complaints and their dispositions
Criminal proceedings initiated, civil or administrative claims filed,
and all civil lawsuits served upon the City or its officers or agents,
resulting from operations or the actions of Department personnel
Vehicle pursuits
Disciplinary action imposed on Department personnel
Individual training information and records
Injuries to personnel
Auto accident information
Court attendance
Award/commendation information
ETS will compare the performance of employees assigned to similar
organizational and/or peer groups. When used in conjunction with regularly
scheduled reviews, supervisors will be able to use this system to assist in the
evaluation of employee performance in addition to recognizing individual and
group patterns which may warrant further review or intervention.
Procedure:
A.
B.
Bureau Commander Responsibilities
1.
Define the organizational groups within their respective bureau.
2.
Review and make recommendations to the Police Chief regarding the
quarterly reports submitted by district/section/unit commanders.
3.
Compare Inspections Section’s quarterly audit to the reports compiled
by district/section/unit commanders.
District/Section/Unit Commander Responsibilities
1.
Ensure each officer is reviewed through ETS at the conclusion of
each 28 day work period, or monthly, based on the work schedule of
the organizational group and documented in the employee’s
Evaluation Supplement Log (ESL).
Revised 05/09/06, Replaces 08/24/04
2
16.111
2.
Ensure supervisors transferred into their unit perform an ETS review
for personnel under their command. Document the review in the
supervisor’s Evaluation Supplement Log (ESL).
3.
Ensure all supervisors in the employee’s chain of command perform
an ETS review for personnel transferred into their unit. This review
should be documented in the transferred employee’s Evaluation
Supplement Log (ESL).
4.
Prepare a report, routed through the bureau commander for
presentation at the quarterly Command Review Session, identifying
the following:
5.
C.
a.
Recommended action for those employees under their
command identified as being above or below the established
thresholds at all required intervals.
b.
The status of intervention plans initiated for employees in
previous quarterly reviews.
Initiate appropriate intervention at the earliest possible time where
intervention is appropriate based on any individual incident or
accumulation of incidents.
Supervisor Responsibilities
1.
Enter each type of report captured within ETS as a preliminary report
except for Form 18NC, Noncompliant Suspect/Arrestee Report, and
the Form 18CD, Use of Canine Field Deployment Report.
a.
2.
Route Form 18NC to Inspections Section for entry. The Form
18CD is entered at the Canine Unit.
Complete and “work-flow” all reports through ETS per current
procedure.
a.
Route all original documents using the current use of force
jacket and appropriate label.
b.
Fax Form 91SP, Supervisory Investigation of Employee Injury, to
the City’s current insurance carrier.
3.
Take any intervention or disciplinary action required according to
procedure or the Disciplinary Table of the Manual of Rules and
Regulations and Disciplinary Process for the Cincinnati Police
Department.
4.
Outside of a procedurally mandated action related to an incident, the
first review of an employee’s record in ETS will be performed by the
first level reviewer who reviews the original incident report unless the
incident triggers an automated system alert. This ensures the
investigating supervisor is not influenced by information in the system
during the incident investigation.
Revised 05/09/06, Replaces 08/24/04
3
16.111
5.
All supervisors having line authority over an officer being transferred
into an assignment will review the officer’s ETS file at the time of
transfer and document the review in the Evaluation Supplement Log
(ESL).
a.
6.
D.
Any supervisor transferred to another assignment will review
ETS files on all officers assigned under their supervision.
Review individual officer activity at the end of each work period.
Review activity in each category and the weighed risk assessment for
determination of, and comparison with, the average organizational
group activity levels.
a.
During scheduled reviews, supervisors will look at an entire 12
month period of activity.
b.
Document the review in the Evaluation Supplement Log (ESL)
within ETS. If necessary, develop appropriate intervention
strategies.
c.
Initiate appropriate interventions when required by procedure.
However, interventions may be initiated at any time if deemed
necessary to address actions or behavior.
Intervention Processes
1.
The following activities are considered interventions and will be
documented in the employee’s Evaluation Supplement Log (ESL):
•
•
•
•
•
•
•
•
2.
Review
Counseling
Training
Referral to outside services such as Public Employee
Assistance Program (PEAP), Police Psychologist, etc.
(list only the agency name)
Monitoring plan – documented action plan with set
reporting intervals
Reassignment
Discipline
Other, or any combination of the above
Intervention is mandated as a result of an officer exceeding
established thresholds at any of the following required review
intervals.
a.
Based on current procedures or the Disciplinary Table of the
Manual of Rules and Regulations and Disciplinary Process for
the Cincinnati Police Department.
b.
The chain of command review process for each incident
generated.
c.
Upon conclusion of supervisory review of individual officer
activity for each 28 day or monthly work period.
Revised 05/09/06, Replaces 08/24/04
4
16.111
E.
d.
Upon conclusion of the quarterly Command Review Session.
e.
Upon conclusion of the Inspections Section quarterly audit.
f.
Result of administrative investigations.
Quarterly Reports
1.
Each district/section/unit commander will prepare a quarterly report
after reviewing their employees’ activity for the preceding 12 month
period ending on the following dates: March 31, June 30, September
30, and December 31. These reports are to be routed to the bureau
commander within ten days following each reporting period. The
bureau commander will review the reports and forward them to
Inspections Section for their quarterly audit. The report must contain
analysis and intervention information for each officer identified as
exceeding the threshold in any risk category for the period.
a.
For each quarterly review, an employee is evaluated on eight
risk categories. Each risk category is assigned a numerical
weight used to figure the standard deviation. The Organizational
Group Analysis will display the total numerical weight of all
incidents of the specific risk category. The numerical value does
not indicate the number of incidents.
b.
During a review, a risk category exceeding the established
threshold will be displayed in green. A review of each risk
category in green is required unless the risk category contains
only a single incident. To determine whether it is a single
incident, consult the Activity Assessment Setting Document in
ETS for the specific weights.
Example: If the vast majority of a relief has not been involved in
an on-duty Category 1 vehicle crash during the preceding 12
month period, the Vehicle Crash risk category would display a
score of 0. An employee involved in one on-duty Category 1
vehicle crash during the preceding 12 month period would
display a score of 2 in the Vehicle Crash risk category (weight of
two per incident) and would appear in green. This does not
require a review of the Vehicle Crash risk category.
1)
c.
A review of a risk category appearing in green due to a
single incident is not required unless the employee has
three or more separate risk categories displayed in green
due to single or multiple incidents. This would require a
review of all three risk categories exceeding the
established threshold.
Supervisory use of the ETS system includes but is not limited to
proper review of each incident, intervention recommendations,
intervention follow-up, and transfer reviews.
Revised 05/09/06, Replaces 08/24/04
5
16.111
2.
F.
The Command Review Session will be held quarterly at the Police
Chief’s direction. Employees identified from this report, and any
employees determined to have exceeded the established thresholds
during the past quarter, will be discussed as well as intervention plans
for them. The progress of intervention plans already in place from
previous quarters will also be addressed.
Corrections to Reports
1.
Once reports receive final approval they will be locked in ETS. Any
locked report needing changes or correction requires approval from
the Police Chief.
a.
Submit a Form 17 to the Police Chief, through the chain of
command, requesting the change or correction.
b.
Upon approval, the Information Technology Management
Section (ITMS) will take the necessary action to correct or
change the report.
c.
Revisions to weights as a result of an unfounded or exonerated
finding will be handled according to Internal Investigations
Section’s Standard Operating Procedure.
d.
Removal of discipline in the Personnel Module will adhere to
current labor agreements.
e.
If a document has not been finalized, the original author or their
supervisor can email ITMS and request a modification such as
redirecting the “work-flow” or a deletion.
Revised 05/09/06, Replaces 08/24/04
6
16.112
16.112 MANDATORY OFF DAY DEVIATION & VOLUNTARY
SHIFT DEVIATION
Reference:
FOP/City Labor Agreement
Information:
The City of Cincinnati has the right to annually change two of the officer’s
regularly scheduled off days, upon 72 hours notice to the member, without the
payment of overtime compensation. Overtime shall be paid to the member in the
event any change in regularly scheduled off days occur on the day(s) on which
the events currently known as “Riverfest” or “Ujima” take place.
Training scheduled more than five (5) days in advance, regularly scheduled shift
changes, transfers and promotions shall not apply to the consecutive off day
provision. Off Day group 8 (Saturday/Sunday) will be considered two
consecutive off days.
Procedure:
A.
Mandatory Off Day Change (Form 443)
1.
When changing an officer’s scheduled off day, a supervisor will:
a.
Give 72 hours notice to the officer prior to the change of a
regularly scheduled off day.
b.
Complete the required portion of Form 443 indicating the
mandatory regularly scheduled off day change.
c.
Substitute another off day for the officer within the same work
week.
1)
2.
New 7/99
Every reasonable effort will be made to allow the officer the
opportunity to choose a substitute off day, at the officer’s
choice, within the same work week.
d.
Document the off day change in the district/section/unit time
book.
e.
Forward Form 443 through the chain of command to the
district/section/unit timekeeper.
District/section/unit timekeeper will:
a.
Fax a copy of Form 443 to Personnel Section.
b.
Send the original to Personnel Section on the third Thursday of
each month along with the Assignment Reports. Refer to the
current Assignment Report Schedule for monthly due dates.
1
16.112
c.
3.
4.
B.
Keep the copy in the district/section/unit files
Personnel Section will:
a.
Enter the information from the Forms 443 into a computer
database programmed for tracking all Division personnel’s
changed off days.
b.
Complete a report indicating the amount of mandatory off day
changes for each Division member on the fourth Monday of
each month.
c.
Immediately notify the affected officer’s Bureau Commander
after the officer has received two mandatory off day changes
within the same year.
District/section/unit commanders will:
a.
Immediately notify the affected officer’s supervisor(s) when the
two annually changed off day limit, without the payment of
overtime compensation, has been reached.
b.
Ensure that every reasonable effort is made by Division
supervisors to limit an officer’s mandatory changed off days to
two occurrences annually.
c.
Approve all mandatory changed off days (Form 443) beyond two
per year for a single officer.
d.
When officer’s are transferred out of a district/section/unit,
ensure documentation (Forms 443)of officer’s mandatory off day
changes are forwarded to officer’s new unit of assignment.
Voluntary Off Day Change (Form 443)
1.
New 7/99
With the mutual consent of the officer and supervisor for changing a
scheduled off day, the supervisor will:
a.
Complete the required portion of Form 443 indicating the date of
the voluntarily scheduled off day change.
b.
Substitute another off day for the officer within the same work
period.
c.
Document off day change in the district/section/unit time book.
d.
Forward Form 443 through the chain of command to the
district/section/unit timekeeper.
2
16.112
C.
Voluntary Shift Deviation (Form 440)
1.
New 7/99
With mutual consent of the officer and supervisor for changing a
scheduled tour of duty (shift), the supervisor will:
a.
Complete Form 440 indicating the date of the voluntary shift
deviation.
b.
Document the shift change in the district/section/unit time book.
c.
District/section/unit will retain the original Form 440.
3
16.120
16.120 SHIFT DIFFERENTIAL: RECORDING AND
PROCESSING
Reference:
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Automated Shift Differential System User's Manual
Standards Manual - 12.1.4
Purpose:
Ensure compliance with the labor agreement between the City of Cincinnati and
the Fraternal Order of Police, the City of Cincinnati and AFSCME, and the Fair
Labor Standards Act.
Enhance accurate recording of shift differential time earned by Police Division
employees.
Policy:
The district/section/unit commander will designate the timekeeper or one other
person to keep shift differential time for sworn and nonsworn personnel.
Districts/sections/units using the Division's automated shift differential system will
record shift differential as outlined in the Automated Shift Differential System
User's Manual.
Procedure:
A.
Sworn Personnel:
1.
Payment of shift differential is determined as follows:
a.
b.
Officers will receive shift differential for a regular tour ending
after 1800 hours up to and including 0800 hours.
1)
A regular tour is defined as eight consecutive hours of
duty scheduled in advance by a supervisor.
2)
Officers will receive shift differential for only those
hours worked when compensatory time off is taken.
a)
Example: An employee is scheduled a regular tour
from 1200 - 2000 hours, but the employee takes
compensatory time off from 1700 - 2000 hours. The
employee receives shift differential from 1200 - 1700
hours.
The following criteria will determine if shift differential accrues to
overtime hours:
1)
Overtime in less than eight hour increments:
Rev. 8/94, Replaces 4/93
1
16.120
2)
c.
a)
The overtime must immediately precede or follow a
regular tour that ends after 1800 hours up to and
including 0800 hours.
b)
Shift differential is not applicable if there is a noncompensated time break between the overtime and
the beginning or end of the regular tour.
Overtime in eight consecutive hour tours or longer:
a)
The overtime must be scheduled in advance by a
supervisor.
b)
The overtime must end after 1800 hours up to and
including 0800 hours, unless the overtime
immediately precedes or follows an eligible tour.
The entry on the Daily Shift Differential report (Form 335A) will
be a total of the regular hours plus overtime hours computed at
their respective shift differential rates. Only overtime hours will
be computed at the one and one-half rate for shift differential.
1)
Example: An employee works a regular tour from 2300 0700 hours, and then immediately works overtime from
0700 - 0900 hours. The daily entry on the Form 335A will
show 11 hours computed as follows:
8 Regular Hours X Straight Rate = 8
2 Overtime Hours X 1 1/2 Rate = 3
TOTAL 11
d.
B.
Partial hours worked during regularly scheduled tour.
1)
Compute partial hours up to 15 minutes as 1/4 hour
worked.
2)
Compute partial hours over 15 minutes and up to 60
minutes in 15 minute increments.
Sworn Daily Shift Differential Report (Form 335A):
1.
2.
Complete a Form 335A for each officer eligible to receive shift
differential pay.
a.
Units with less than seven personnel and units without
computers will maintain these forms manually.
b.
All other districts/sections/units will use the automated Form
335A.
Compute, as in Section A.1.c.1), and then record the number of hours
for which shift differential will be paid.
Rev. 8/94, Replaces 4/93
2
16.120
3.
Every two months the officer and his supervisor will review and initial
the Form 335A.
a.
Timekeepers using the automated shift differential system will
print a copy of the Form 335A for verification.
1)
C.
Annual Shift Differential Report (Form 335B):
1.
Submit the Form 335B to the Fiscal and Budget Section as directed
each year in the Staff Notes.
2.
List alphabetically on the Form 335B officers who earned shift
differential pay for the reporting year. Include on this form the:
a.
Officer's last and first name.
b.
Number of shift differential hours worked.
1)
D.
Maintain this signed copy on file until the next time these
forms are verified.
The automated shift differential system will automatically
compute the time at the proper rate and enter the total
amount ($) earned in the "Comments" column.
Transferred and Separated Officers:
1.
2.
3.
When an officer is transferred, send the officer's Form 335A to the
new unit of assignment.
a.
Districts/sections/units using the automated shift differential
system will copy the information to a floppy disk.
b.
Units using the manual system will send the Form 335A.
When an officer is separated from the Division, forward the officer's
Form 335A to Employee Relations.
a.
Districts/sections/units using the automated shift differential
system will copy the information to a floppy disk.
b.
Units using the manual system will send the Form 335A.
Upon verification of the separation, Employee Relations sends the
information from the Form 335A to the Fiscal and Budget Section.
Fiscal and Budget Section will take the necessary steps to ensure the
officer receives shift differential compensation.
Rev. 8/94, Replaces 4/93
3
16.120
E.
Nonsworn Personnel:
1.
2.
Nonsworn personnel with shifts ending between 1800 and 1000 hours
receive shift differential as follows:
a.
$.30 per hour if assigned a shift ending between 1800 and 2400
hours.
b.
$.45 per hour if assigned a shift ending after 2400 and before
1000 hours.
c.
Compute compensation for overtime shift differential hours as in
Section A.1.c.2)a).
d.
Part-time employees do not receive shift differential.
Nonsworn Biweekly Shift Differential Report (Form 335C):
a.
Submit a Form 335C, according to the biweekly schedule, to the
Fiscal and Budget Section.
1)
b.
Keep all Forms 335C manually.
List alphabetically on the Form 335C employees who earned
shift differential pay for the reporting period. Include on this form
the:
1)
Employee's last, first, and full middle name.
2)
Number of second shift hours (1800-2400)
3)
Number of third shift hours (2400-1000)
Rev. 8/94, Replaces 4/93
4
16.125
16.125 TRAVEL ON CITY BUSINESS
Reference:
Procedure 12.817 - Court Management System (CMS)
Procedure 13.115 - Outside Training Programs/College Attendance
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Cincinnati Organized and Dedicated Employees (CODE) Agreement
City Finance Bulletin
City of Cincinnati Frequent Flyer Miles Policy
Ohio Ethics Commission Advisory Opinion No. 91-010
Administrative Regulation #13 – Travel Outside of Cincinnati on City Business
Requiring an Overnight Stay
Definitions:
Out-of-town travel or non-local travel - is any travel outside the City of
Cincinnati which requires an overnight stay.
Local travel - is all other travel.
Purpose:
Establish uniformity for obtaining approval to travel on City business.
Facilitate reimbursement of expenditures incurred during travel.
Policy:
The Police Department will avoid overtime expense for travel days, etc., by
rescheduling off days if possible. Employees traveling on City business will
adhere to their appropriate contract regarding the number of hours they can work
in a week. Anytime an employee voluntarily requests training and/or travel on
City business, the employee will not receive any overtime compensation in
excess of an eight-hour day, or forty-hour work week during the training and/or
travel.
Employees are prohibited from earning frequent flier miles.
Officers, who will be out of town on City Business, must review the Court
Management System and report the days they will be unavailable for court to
their immediate supervisor, who will enter the information into the CMS.
Information:
The Ohio Ethics Commission Advisory Opinion No. 91-010 prohibits the personal
use of any frequent flyer miles earned during travel on City business. The
purpose of this directive is to establish uniform guidelines related to the accrual
and use of frequent flyer miles by City officials and employees while conducting
official City business.
Rev. 07/29/08, Replaces 07/15/08
1
16.125
Procedure
A.
Out of Town Travel on City Business
1.
The Police Chief must approve all out-of-town travel on City business.
2.
District or section commanders can give permission for out-of-town
travel if it is in conjunction with an investigation that would be
jeopardized by further delays.
a.
Department personnel will complete a Form 70S, Request for
Permission to Travel, immediately upon return.
1)
B.
Submit one Form 70S for all personnel traveling to
the same location for the same reason.
Form 70S, Request for Permission to Travel
1.
Police personnel desiring to represent the Department at a
conference, training program, or any out-of-town City business will
submit a Form 70S. Route the Form 70S through channels with the
appropriate documentation according to Procedure 13.115, Outside
Training Programs/College Attendance.
a.
Department personnel anticipating out-of-town travel should
submit the Form 70S at least six weeks in advance.
1)
Submit one Form 70S for all personnel traveling to the
same location for the same reason.
b.
If a unit coordinates travel for members of various units (e.g.,
Training Section for a training session), the coordinating unit will
forward a copy of the Form 70S to each employee. The
employee will review, sign, and return it to the coordinating unit.
c.
Submit the Form 70S through channels for review by the
Finance Management Section and approval by the Police Chief.
d.
If needed, Department personnel will arrange for a vehicle from
within their bureau for out-of-town travel. Before traveling, the
employee will have a Municipal Garage mechanic check the
vehicle to be sure it is suitable for travel.
2.
A Form 70S is not needed for local travel unless reimbursement from
Department funds is required. However, a Form 17 should be
submitted to the employee’s immediate supervisor to notify intent for
local travel.
3.
The Department requires a Form 70S if the employee anticipates
tuition, fees, or other related expenses for reimbursement. Attach a
receipt for the above expenses.
a.
For reimbursement of college tuition, see Procedure 13.115.
Rev. 07/29/08, Replaces 07/15/08
2
16.125
b.
C.
If the employee uses a personal vehicle for travel to any location
listed above and requests reimbursement, the employee will
submit a Form 70S through proper channels for approval prior to
the travel.
Expenditures
1.
Advance funds
a.
b.
The City will, under exceptional circumstances, advance funds
for travel on City business.
1)
Funds will generally be advanced for travel over an
extended period of time (i.e., Southern Police Institute or
FBI National Academy).
2)
When an employee receives advanced funds, the
employee must repay the advance within 10 days of receipt
of reimbursement following the travel (see Section C.2.,
Reimbursement).
If it is necessary to pay for certain items in advance (registration,
lodging, airline tickets, etc.), the employee will request direct
payment of such items. Take the following steps:
1)
2)
Prepare a Form 70S for the total estimated amount of
expenses.
a)
Attach supporting documentation.
b)
Highlight the item that must be paid in advance.
If payment is due by a certain date, highlight this on the
front of the Form 70S.
a)
Submit Form 70S at least six weeks prior to the date
needed to allow enough time for processing.
1]
2.
If less than six weeks, contact Finance
Management Section.
3)
Finance Management Section will issue a check to the
travel agency, hotel, agency offering training, etc.
4)
Request reimbursement for any remaining expenses in the
normal manner by completing a Form 71S, Statement of
Travel Expense.
Reimbursement
a.
The employee will report expenses on a Form 71S and submit
the form with original receipts to the Finance Management
Section within three working days after returning to duty.
Rev. 07/29/08, Replaces 07/15/08
3
16.125
b.
Finance Management Section will notify employee with the
approved amount of reimbursement.
c.
The employee will return the notification of the approved amount
for reimbursement to the Finance Management Section with the
employee’s signature, indicating agreed reimbursable amount
had been reviewed.
d.
The Finance Management Section will enter the agreed
reimbursable amount into the CHRIS payroll system for payment
to the employee’s next payroll check.
1)
e.
D.
Payments will be coded in the CHRIS payroll system to
prevent taxation.
For information on reimbursements where an advance was
made, contact the Finance Management Section.
Reimbursable Items
1.
Transportation
a.
Common Carrier – Passenger receipt and boarding passes
required upon return.
1)
The actual cost, but not in excess of coach tourist airline
fare.
a)
2)
b.
If the flight is cancelled by the employee for reasons
other than illness, the employee will pay the
cancellation fees and return the airline fare to the
City. Verification of the illness is required by means
of a doctor’s statement.
The cost of transportation to and from terminals to begin
and complete travel and travel used for commuting
between lodging or working locations (bus, shuttle, or taxi).
Personal Vehicle
1)
Restricted to Ohio or a radius of 300 miles from Cincinnati.
a)
If permitted to exceed the 300 mile limit, the City will
limit reimbursement to the lower of either the coach
tourist airline fare plus the cost of transportation to
and from the airport or the number of miles driven on
City business multiplied by the current mileage rate.
2)
Reimbursement at the current mileage rate as outlined in
the Finance Bulletin. The City will also reimburse tolls and
parking fees. Original receipts are required.
3)
Employees may be required to carpool when attending the
same out of town training.
Rev. 07/29/08, Replaces 07/15/08
4
16.125
4)
c.
d.
2.
Use of a personal vehicle is not reimbursable if use of a
City vehicle was approved on the Form 70S. If extenuating
circumstances (i.e., sudden unavailability of a City vehicle)
necessitate use of a personal vehicle, send through the
channels the documentation and written approval of the
district or section commander.
City Vehicle
1)
The City will reimburse tolls and parking fees and the
actual cost of gasoline if a Fleet Services gas card is
unavailable (receipt required).
2)
Gasoline should be purchased with a gas card obtained
through Fleet Services prior to travel.
3)
Prudent use of the City vehicle is permitted for private
reasons (e.g., dining, shopping, etc.).
4)
Use of a City vehicle is restricted to Ohio or a radius of 300
miles from the City boundary lines if outside of Ohio.
Police personnel are exempt from this requirement for the
purpose of returning wanted criminals.
Rental Vehicle
1)
The use of a rental car must be pre-approved by the
Finance Manager of Accounts and Audits. A rental car
may only be utilized when it is the sole mode of
transportation available or when it is the most economical
mode of transportation. Evidence of either one of these
situations is necessary to authorize the rental car. The
rental car is to be an economy or compact model.
2)
The use of rental cars will not be reimbursed when other
transportation is available from a hotel to the conference
location.
3)
The City does not pay for insurance on the rental car.
Lodging
a.
Lodging is an allowable expense when the employee is
attending a conference or training that lasts longer than one day
or requires a travel time not conducive to traveling to and from
the destination in the same day.
b.
Lodging is allowable based on single occupancy
accommodations in the medium price range for the locale and
requires receipt for reimbursement.
1)
The government rate for lodging should be requested by
the employee. Employees can obtain tax exempt
certificates through the Finance Management Section to
waive certain lodging taxes.
Rev. 07/29/08, Replaces 07/15/08
5
16.125
3.
2)
If the lodging receipt shows more than single occupancy,
the single room rate must be noted. If payment for more
than the single occupancy rate is requested, the name of
the second City employee must be disclosed.
3)
When more than one City employee is traveling to the
same location, the Department should consider double
occupancy, if appropriate, considering the traveling
employees.
4)
When lodging is available at the conference site, the
expense will be limited to the conference rate for lodging.
The employee will provide conference documentation,
which includes the rate for lodging and any meals provided
through the conference or the place of lodging. If the
employee obtains lodging that is higher than the
conference rate, the employee must justify the lodging rate
and the Department head must approve the higher rate.
Meals and Incidentals
a.
Meals and incidentals will be reimbursed by the City for nonlocal travel based upon the per diem allowance policy. This will
eliminate the need for food receipts and itemized meal
expenses.
1)
Meals will be reimbursed at the following amounts:
Breakfast - $ 7.00
Lunch - $11.00
Dinner-$18.00
b.
The City will not reimburse for meals already provided through
airline fare, registration fees, and lodging expenses.
Conference, airline and lodging documentation must be
submitted to determine meals provided. If a scheduled banquet
is connected with the travel, the actual cost of the banquet will
be allowed in place of the dinner, provided the cost can be
documented. If an employee requires a meal different from the
one provided for health or religious reasons, a different meal
should be requested prior to travel from the meal provider. If the
meal cannot be changed to comply with the employee’s health
or religious requirements, the City will reimburse for the meal the
employee purchases using the allowance rate above. A
statement from the employee’s doctor or religious leader is
required to support the reimbursement request.
c.
On the day that the employee begins or ends travel, meals are
reimbursed based upon the time when travel begins and ends.
1)
If travel begins before 6:00 A.M. breakfast, lunch, and
dinner are reimbursed. If travel begins between 6:00 A.M.
and 1:00 P.M. lunch and dinner are reimbursed. If travel
begins after 1:00 P.M. only dinner is reimbursed.
Rev. 07/29/08, Replaces 07/15/08
6
16.125
d.
2)
If travel ends after 9:00 A.M. and before 1:00 P.M.
breakfast is reimbursed. If travel ends after 1:00 P.M. and
before 7:00 P.M. breakfast and lunch are reimbursed. If
travel ends after 7:00 P.M. breakfast, lunch, and dinner are
reimbursed.
3)
The determination of when travel begins or ends will be
based on the required documents submitted and includes
the travel time to and from the airport.
Incidental expenses included in the daily allowance are for fees
and tips given to porters, baggage carriers, bellhops, hotel
maids, and the cost of transportation between places of lodging
or business and places where meals are taken.
1) An incidental allowance is paid at the rate of $3 per day.
4.
Miscellaneous expenses
a.
Miscellaneous expenses include laundry or dry cleaning
expenses and phone calls.
1)
Laundry and dry cleaning expenses are reimbursed when
the City travel is in excess of seven days. Receipts are
required and only the expenses related to the cleaning of
clothes required for the days of the trip in excess of seven
days are permitted.
2)
Travelers will be reimbursed for phone costs up to $10 per
trip unless the trip exceeds 7 days. For trips in excess of 7
days, the reimbursement will be $10 per week. The
Department may purchase a prepaid $10 phone card for
the employee. The cost must be documented with a
receipt for a phone card purchase, calls charged to the
hotel room, or a cell phone bill. If a City cell phone was
used, personal calls do not require reimbursement during
the travel period. The use of the City cell phone must be
noted on the travel reimbursement form and the qualifying
calls must be identified on the traveler’s City cell phone bill
as “Personal use during City travel” when identifying
personal charges. Personal calls on City cell phones while
in a travel status are limited to $10 per week.
3)
Conference fees, training fees, tuition and books required,
will be reimbursed; with a receipt.
Rev. 07/29/08, Replaces 07/15/08
7
16.125
E.
F.
Non-reimbursable Items
1.
Non-reimbursable non-local travel expenses include but are not
limited to the following: airline lost ticket application fees, excess
baggage fees for personal luggage, hotel charges associated with
cancellation, incremental costs of double over single occupancy rates
for an employee’s spouse/guest, rental car damage, parking tickets,
traffic violations, personal entertainment, recreational items, travel
related insurance and cancellation fees due to personal circumstance
of the employee.
2.
Any personal related vacation expenses when the employee
combines vacation with the City travel is non-reimbursable. The cost
variance must be clearly identified on the Form 70S.
Frequent Flyer Mileage Benefits
1.
Employees are prohibited from earning frequent flyer miles while
traveling on city business.
Rev. 07/29/08, Replaces 07/15/08
8
17.100
17.100 POLICE RECORDS: STORAGE AND MAINTENANCE, AND
INITIATING NEW RECORDS AND FORMS
Reference:
Ohio Revised Code § 149 – Ohio Public Records Act
Definitions:
A public record is a record held by a public office. A record is any item that is:
•
•
•
Stored on a fixed medium (such as paper, computer, film, etc.),
Created, received, or sent under the jurisdiction of a public office,
Documents the organization, functions, policies, decisions, procedures, operations, or
other activities of the office.
Purpose:
Provide for initiating, safekeeping, and storage of Police Department records and the
systematic disposal of those records.
Policy:
The Police Department will comply with all laws governing record retention, storage, and
disposal.
Information:
The Police Department is entrusted, by the public, with the care, custody, and control of
records generated by its activities. The Police Department is not the sole proprietor of
the records it generates. The right of ownership resides with the public.
All of the records addressed in the Records Retention Schedule have been reviewed and
the retention/destruction schedule for original records has been approved by the City of
Cincinnati Records Commission, the Ohio Historical Society, and the State of Ohio
Auditor’s Office.
The Records Retention Schedule will be maintained on the Department Intranet.
Procedure:
A.
The bureaus, districts, sections, and units mentioned herein will maintain the
records specified in the Records Retention Schedule for the minimum/maximum
period as indicated.
Rev. 03/07/06, Replaces 03/09/04
1
17.100
1.
At the discretion of bureau, district, section, and unit commanders, original
records may be retained beyond maximum periods via a Form 17 request.
The Form 17 must include extenuating circumstances surrounding the
extension request and must be submitted at least two weeks prior to the
destruction date. Other than these exigent circumstances, original records
must be destroyed as soon as possible after the retention period has expired.
2.
In October of each calendar year the Records Section Director will send a
Form 17 requesting each district/section/unit which maintains any record to
have those records inspected to determine if they are properly maintained
according to the Records Retention Schedule.
a.
b.
3.
If any record is scheduled to expire in the upcoming year, as indicated by
its retention period, already expired, or is an unauthorized record or
copy, the district/section/unit commander will forward a Form 17 to the
appropriate bureau commander including:
1)
Type of record(s).
2)
Inclusive dates.
3)
Number of boxes to be destroyed.
4)
A request for proper disposal.
After review by the affected bureau commander, the request for disposal
will be forwarded to the Records Section Director.
1)
The Records Section Director will approve/disapprove the request
according to the Schedule of Record Retention and Destruction
contained in the Records Retention Schedule and have any
additional measures taken, if necessary, to comply with State Law
and City Ordinances.
2)
After approval for destruction, the Records Section Director will
arrange the date and time for proper destruction of the records with
the involved unit.
If storage space is required in addition to the storage space in the unit facility,
the location of such space will be determined by the Records Section Director.
a.
A representative of the Records Section Director will inspect these
additional storage facilities during October of each year.
1)
After inspection and notification by the Records Section,
district/section/unit commanders will request disposal of their
expired record(s) located in storage.
Rev. 03/07/06, Replaces 03/09/04
2
17.100
b.
4.
All boxes must be clearly marked with the type of records, the year of the
records and the name of the district/section/unit the records belong to.
Any bureau, district, section, or unit commander who desires to utilize any
record or form not listed in the Records Retention Schedule must submit a
prototype and a Form 17 through channels to the Police Chief.
a.
Upon approval, the Planning Section will assign the form a number. The
Records Section will then take the necessary steps to establish a
retention schedule, and then the Information Technology Management
Section will revise the Records Retention Schedule on the Intranet.
5.
Any bureau, district, section, or unit commander who desires to discontinue
the use of any form or record established by the Records Retention Schedule
will so request via Form 17 through channels to the Police Chief.
6.
Requests for disposal of any original or copy of any record not specifically
listed in the Records Retention Schedule will also be documented on a Form
17.
a.
The Records Section Director will then submit a request for destruction
to the City Records Commission.
1)
7.
Upon approval, the Records Section will advise the affected unit as
to the proper method of destruction.
The Records Retention Schedule contains three separate columns of reports,
records, files, etc., maintained within the Department.
a.
The first column is a listing of all documents organized by the name of
the document.
b.
The second column indicates the minimum retention period for the
original form or record.
c.
The third column indicates the minimum retention period for copies of
these forms or records.
1)
If the third column is marked "None”, no copy is to be made or
maintained by this unit.
d.
If not listed, no original or copy is maintained by the Department.
e.
Clarification - "Current year" and "Current month" refer to calendar
year/month, respectively, that the report is dated. "Years" listed are
calendar years.
Rev. 03/07/06, Replaces 03/09/04
3
17.110
17.110 REQUISITION AND INVENTORY CONTROL:
EQUIPMENT, SUPPLIES, AND SERVICE
Procedure:
A.
Form 10, Monthly Supply Requisition
1.
B.
Use Form 10 to order in-stock supplies.
a.
Enter the amount needed in the "Quantity" column.
b.
The person completing the inventory and the unit commander
will initial the Form 10 on the "Requesting Unit" line behind the
unit's name.
c.
Send the Form 10 to the Supply Unit by the 25th day of each
month.
d.
Supply Unit personnel will deliver filled monthly requisition orders
to the individual districts, sections, and units.
Form 630, Equipment/Supply/Service Order Form
1.
2.
Include the following information when completing a Form 630:
a.
Name, badge, unit, organization code, and phone number.
b.
Quantity of item.
c.
Model, catalog, or item number.
d.
Description of item.
e.
Vendor name (if in question whether it is a contract item, please
contact Supply Unit).
f.
Price of item.
g.
Vendor address with phone number, if not a contract item.
h.
Shipping charges; if no shipping charges, please state this on
Form 630.
District, section, and unit commanders will review, approve, and initial
all Form 630s. Submit approved Form 630s through the Division
Commander to the Evidence/Property Management Section. The
Finance Management Section will begin one of the following:
a.
Stock Items: Determine if the requisition is for a stock item(s) in
supply at 800 Evans and/or City Stores.
1)
The district, section, or unit will pick up requisition orders at
the Supply Unit.
Rev. 08/30/05, Replaces 10/99
1
17.110
b.
3.
1)
Blanket contracts are arranged by the Purchasing
Department and are subject to change without notice.
Contact the Finance Management Section to determine if
the local company is still contracted to do business with the
City before preparing a Form 630.
2)
Respond to the Supply Unit for a Term Purchase Release.
c.
Services: The Finance Management Section will process a
requisition for services provided by Department personnel and/or
other City Departments (moving office equipment, electrical
wiring, plumbing, etc.) that is less than $100.00.
d.
$100.00 Limit: Route directly to the Patrol/Resource Division
Commander requisitions for services and/or supplies listed in
Sections B.1.b. and B.1.c. that require spending more than
$100.00.
Equipment/Supplies and Services not provided by the Police
Department or other City Departments: Requisitions for
equipment/supplies and services not provided by the Police
Department or other City Departments, except Information
Technology Management Unit (ITMU), will be routed to the Finance
Management Section.
a.
4.
Local Contracts for Equipment/Supplies: Process requisitions for
equipment and supplies that are not stock items but can be
purchased from local suppliers who have a blanket contract with
the City's Purchasing Department.
The Finance Management Section will review the requisition and
authorize the spending of funds or refer the request to the
Department's Resource Allocation Committee for approval or
disapproval. Members of this committee are bureau
commanders.
Submit a Form 630 for unforeseen emergency needs.
a.
A Form 17 fully describing and justifying the unforeseen
emergency must accompany the Form 630.
5.
Order items or services paid for with grant funds on a Form 630.
6.
Supply Unit will accept delivery of items, apply inventory numbers,
and update inventory records before delivery to requesting units.
a.
The Finance Management Section will determine which items
should be delivered directly to the requesting unit because
installation is required or the item is too heavy for police
transportation and will provide the necessary delivery
instructions.
Rev. 08/30/05, Replaces 10/99
2
17.110
C.
Inventory - Office and Technical Equipment
1.
The Supply Unit Commander will maintain an inventory record of all
Police Department office and technical equipment of substantial value
or readily susceptible to loss or theft. (ITMU will maintain the inventory
within their unit.)
a.
The Supply Unit Commander will determine which articles to
record on the inventory, following Supply Unit SOP.
b.
Articles will be identified by a four or five digit tag attached to
each item.
2.
Supply Unit will provide each district, section, and unit commander
with an inventory of equipment assigned to their unit.
3.
The OIC of each district, section, or unit will be responsible for all
office and technical equipment under his control. He will:
4.
a.
Conduct an inventory and inspection of equipment by January
15 of each year. Submit results to the Supply Unit within 30
days.
b.
Conduct an inventory and inspection of equipment within 30
days upon change of district, section, or unit commander.
Submit results to the Supply Unit.
The OIC of each district, section, and unit will submit a Form 630
through channels requesting the transfer of equipment between
districts, sections, and units.
a.
A representative of the Supply Unit will sign the completed Form
630.
1)
b.
5.
6.
A district, section, or unit representative will sign the Form
630 showing receipt of the equipment transferred.
When necessary Supply Unit will help with the transfer by
providing personnel and equipment for the move. The Supply
Unit records once the transfer is completed.
The unit OIC will, via a Form 630, request Supply Unit to pick up and
return to stock any large equipment no longer needed in that unit.
a.
Units will transport, along with a Form 630, small pieces of
equipment to the Supply Unit.
b.
A representative of the Supply Unit will sign the Form 630s as
having received such equipment.
Return broken, worn-out equipment, etc., to the Supply Unit for
disposal according to City Purchasing rules. Such items, even though
only scrap, are sold and money returned to the City Treasurer.
Rev. 08/30/05, Replaces 10/99
3
17.110
a.
D.
7.
Unit commanders will be alert for equipment without identifying tags or
tags which have been defaced or removed. Bring such conditions to
the attention of the Supply Unit so the condition can be corrected.
8.
To ensure unit inventory books are current, complete, and correct,
Inspections Section will conduct periodic random audits of unit
inventory books.
Inventory - Consumer Supplies
1.
District, section, and unit commanders will keep consumable supplies
(paper, pencils, film, paper clips, flares, etc.) under the control of
designated personnel. Maintain a perpetual inventory to prevent the
need for a total monthly recount.
a.
2.
E.
Document the return of these items on a Form 630. A
representative of the Supply Unit will sign the Form 630 as a
receipt for the equipment.
Access to such supplies should be available whenever a unit is
open for business, yet still under the control of designated
personnel.
District, section, and unit commanders will develop a Standard
Operating Procedure (SOP) to meet individual unit needs and help
personnel obtain supplies from unit stock. The SOP should:
a.
State the location of various supplies.
b.
Identify personnel authorized to dispense supplies.
c.
Establish a simple method for keeping a perpetual inventory.
Master Inventory
1.
The Master Inventory spreadsheets are located on the Department
computers. They contain all the shotguns, laptops, pagers, cell
phones, pepperball guns, Tasers, beanbag shotguns, and radios that
are currently in use by the Department. Each district/section/unit is
responsible to review all equipment that is identified as being in their
possession. Inventories of all equipment will be conducted bi-weekly
to coincide with the scheduled vehicle inspections.
a.
A Form 17 will be prepared and emailed to Inspections Section
addressing whether the inventories are accurate or listing any
discrepancies or changes.
Rev. 08/30/05, Replaces 10/99
4
17.110
F.
Weapons Inventory
1.
At intervals designated by the Police Chief, each district/section/unit
will conduct an inspection and inventory of all weapons including
shotguns, bean bag shotguns, pepper ball guns, and Tasers.
a.
Districts/sections/units will account for all assigned items.
b.
All changes in the inventory list for the above items will be
forwarded to Supply Unit.
1)
G.
Supply Unit will update and maintain the weapons
inventory database kept at Supply.
c.
Whenever a weapon is permanently taken out of service by the
Firearms Training Unit or Tactical Planning Section, a Form 630
will be completed by Firearms Training Unit or Tactical Planning
Section and forwarded to Supply Unit for updating of the
weapons inventory database.
d.
The Target Range and/or Tactical Planning Section will forward
to the Supply Unit all information regarding newly purchased
weapons received at those units. When a new weapon is
placed in service, the unit of assignment information will be
forwarded by the Target Range or Tactical Planning Section to
the Supply Unit. Supply Unit will update the weapons inventory
database.
e.
The Target Range and/or Tactical Planning Section will forward
to the Supply Unit on a Form 630 all information regarding
weapons that are transferred to another unit. Supply Unit will
update the weapons inventory database.
Information Technology Management Unit (ITMU)
1.
Information systems will be requested and purchased in
accordance with Procedure 14.200, Information Systems.
2.
The ITMU Commander will maintain an inventory record of
all Police Department information technology.
Rev. 08/30/05, Replaces 10/99
5
17.115
17.115 MATERIAL SAFETY DATA SHEETS
Reference:
Hazardous Chemicals Inventory
Administrative Regulation #60
Purpose:
Provide Police Department employees a safe and healthy work environment.
Provide important, immediate information in case of an accident.
Comply with the Occupational Safety and Health Act (OSHA)
Procedure:
A.
Hazardous Chemicals Inventory
1.
B.
Equipment Section will maintain a Hazardous Chemicals Inventory.
Material Safety Data Sheets (MSDS)
1.
Equipment Section will keep MSDS for each substance listed on the
Hazardous Chemicals Inventory.
a.
2.
The manufacturer and/or distributor supplies the MSDS. Any
purchase order or supply contract must require delivery of the
MSDS with the product.
Equipment Section will assure MSDS are received with the products.
a.
Equipment Section will copy the MSDS and maintain a master
file.
b.
Equipment Section will forward a copy of each MSDS to the
receiving work unit.
3.
All districts/sections will maintain MSDS at the same worksite as the
product. Make sure they are easily accessible to all employees that
may come in contact with a hazardous product.
4.
If a dangerous contact with a hazardous material occurs, refer to the
specific MSDS for signs, symptoms, and first aid measures.
11/94
1
18.100
18.100 CIVILIAN ADULT SCHOOL CROSSING GUARDS
Procedure:
A.
School Crossing Guard Coordinator:
1.
The School Crossing Guard Coordinator is assigned to the Traffic
Unit.
2.
The School Crossing Guard Coordinator is responsible for all
functions concerning the adult crossing guards, including supervision.
a.
3.
First shift supervisors and beat officers should know all school
crossing guard locations in their district and assist in checking on
the guards' attendance and actions.
1)
Each district will maintain a file card index of all school
crossings in their district. The School Crossing Guard
Coordinator will furnish the file card.
2)
The file card will include the:
a)
Crossing guard's name.
b)
Crossing location.
c)
Hours of work.
d)
School affected by the crossing.
b.
Each crossing guard must notify the school and the coordinator
whenever he will not be in attendance at his assigned times.
c.
Report absenteeism or any improper actions to the School
Crossing Guard Coordinator.
Forward any information concerning adult school crossing guards to
the School Crossing Guard Coordinator at the Traffic Unit.
Rev. 10/96, Replaces 12/90
1
18.103
18.103 COMMUNICATION WITH PEOPLE WHO ARE
DEAF OR HARD OF HEARING AND USE OF
FOREIGN LANGUAGE INTERPRETERS
Reference:
Procedure 18.104 – Civilian Volunteers
Title II of the Americans with Disabilities Act of 1990
CPD Policy Statement Regarding Effective Communication with People Who Are
Deaf or Hard of Hearing
Cincinnati Police Department Training Bulletin - #2006-03
Purpose:
To provide officers with the resources for effectively communicating with citizens
who are deaf or hard of hearing, or who have speech impairments.
Policy:
Officers encountering any individuals who are deaf or hard of hearing will take all
appropriate steps to ensure they communicate effectively with these individuals.
The input of people who are deaf or hard of hearing is just as important to the law
enforcement process as the input of others. Officers will not draw conclusions
about incidents unless they fully understand, and are understood by, all those
involved.
In situations when a non-disabled person would have access to a telephone,
officers must provide a person who is deaf or hard of hearing the opportunity to
place calls using a text telephone (TTY), telecommunications device for the deaf
(TDD), or a phone with volume control if that will be effective for the caller.
Officers must also accept telephone calls placed by a person who is deaf or hard
of hearing through the Telecommunications Relay Service. The
Telecommunications Relay Service is an operator based service that a hearing
impaired person may use to contact a person or business not equipped with
TTY/TDD technology.
Officers will give primary consideration to the type of communication aid
requested by the person who is deaf or hard of hearing unless there is an equally
effective means of communication available.
Information:
Police Communications Section (PCS) has installed Superprint 4425
Teletypewriters (TTYs or TDDs) in each of the five police districts, Criminal
Investigation Section, and the PCS back-up site located at the Spinney
Complex. Department personnel have been trained on the proper use of these
New 09/05/06
1
18.103
machines to communicate with the hearing impaired. PCS is responsible for the
annual inventory and inspection of the equipment. PCS will provide ongoing and
additional training on the use of the machines when requested. Calls from the
hearing impaired may come directly to the TTY/TDD line number, or to the
district/CIS desk line number.
There are several ways of communicating effectively with people who are deaf or
hard of hearing. In some instances, a qualified sign language or oral interpreter
is required to assist with communication. In other circumstances, use of gestures
or visual aids to supplement speech, an exchange of written notes, use of
computer or typewriter, or the use of assistive listening devices (to amplify sound
for people who are hard of hearing) will be effective. The type of aid that will be
required for effective communication will depend on the individual’s usual method
of communication, and the nature, importance, and duration of the
communication at issue.
The Department utilizes the services of the Cincinnati Speech and Hearing
Center for qualified sign language and oral interpreter services for people who
are deaf or hard of hearing. When there is a request for a sign language or oral
interpreter, officers and other personnel must contact a PCS supervisor, who is
responsible for contacting the center to request interpreter services to assist the
officer in the field. Sign language and oral interpreters will be made available 24
hours a day, 7 days a week.
“Oral interpreters” are not foreign language interpreters; they usually facilitate
communication with people who were deafened later in life and do not use sign
language.
The “Latino Beeper” is a project involving Spanish speaking volunteers, trained
by the Department, who assist officers in basic translation. The volunteers are
trained to gather facts at an officer’s initial response to a call for service. The
“Latino Beeper” will be used only for victims and witnesses, not suspects.
Procedure:
A.
Recognizing and Accepting Calls from a TTY/TDD Machine
1.
When a hearing impaired person using a TTY/TDD dials a district or
the CIS desk line number, the call may be recognized by:
a.
A warbling or chirping sound when the caller presses the space
bar.
b.
The caller ID indicating the caller is deaf.
New 09/05/06
2
18.103
2.
3.
B.
c.
A voice activated TTY/TDD announcer indicating the caller is
using a TTY or TDD machine.
d.
Silence – any silent call should be treated as a potential
TTY/TDD call.
When the call is a TTY or TDD call, the recipient must transfer the call
to the TTY/TDD machine in the following manner:
a.
Transfer the call from the desk line number to the TTY/TDD line
number using the same process as any call being transferred.
b.
Keep background noise to a minimum. The TTY/TDD machine
may interpret background noise as communication and distort
the message.
c.
Turn on the TTY/TDD machine.
d.
Hit the control key and the number “4”. This sends a greeting
specific to the receiving location.
e.
Handle the call using the TTY/TDD keyboard.
f.
Obtain the caller’s location, TTY/TDD callback number, and
name. If the call is an emergency, do not attempt to transfer the
call to PCS. Relay the information via the radio or call the PCS
supervisor at line 263-8119 for further instructions.
g.
Once the call is complete, turn off the TTY/TDD machine.
When a hearing impaired person using a TTY/TDD dials the direct
TTY/TDD line number, the “ring” light on the machine will flash to
indicate an incoming call. Turn the TTY/TDD machine on and follow
the same procedure as outlined above.
Sign Language and Oral Interpreters for People who are Deaf or Hard of
Hearing.
1.
If an officer has reason to believe that an individual with whom he is
attempting to communicate has a hearing impairment, the officer will:
a.
Determine whether the individual has a hearing impairment.
b.
Notify the individual through the use of auxiliary aids (pen and
paper) that a qualified sign language or oral interpreter will be
provided at no charge, if desired.
New 09/05/06
3
18.103
c.
C.
1)
If the individual requests a qualified sign language
interpreter, determine whether the individual uses
American Sign Language (ASL) or Signed English (SE) to
communicate and relay the information to PCS.
2)
Face the deaf or hard of hearing individual and do not turn
away while speaking. The officer should not cover his or
her mouth while talking to the individual. Only one person
should speak at a time and it may be necessary to speak
more slowly.
An officer will remove handcuffs from a non-violent arrestee who
is deaf or hearing impaired, or will secure the arrestee in such a
manner which permits communication, as safely as possible,
after arrival at a secure facility. Officer safety and the safety of
citizens must take precedence.
1)
The immediate priority in any emergency is for the officer
to stabilize the situation. If the deaf person is in immediate
danger, exhibiting violent behavior, or if the officer has
probable cause to make an arrest, the officer can request
an interpreter respond to the location to which the subject
is being transported.
2)
Officers should refrain from using family members or
friends of the deaf individual, unless it is urgent to
communicate immediately and that is the only option.
However, if the deaf person requests that arrangement, the
other person agrees, and the circumstances suggest that
the relationship is not coercive or otherwise inappropriate,
the officer may proceed.
Foreign Language Interpreters
1.
When an officer comes in contact with an individual in need of a
foreign language interpreter, notify PCS of the location and the need
for an interpreter. PCS maintains a list of foreign language
interpreters.
a.
2.
PCS will attempt to locate an on-duty officer fluent in the
necessary language before contacting a person not employed by
the Department.
When an officer is unable to communicate with a Spanish speaking
victim or witness, the officer will request PCS to activate the “Latino
Beeper”.
New 09/05/06
4
18.104
18.104 CIVILIAN VOLUNTEERS
Reference:
Procedure 19.105 – Sick/Injured With Pay And Special Leaves
Definitions:
Civilian Volunteer is a non-salaried individual who willingly offers services for a
limited time, acting in a specific capacity. A volunteer with the Cincinnati Police
Department has no salary, benefits or labor rights of a city employee and serves
“at the will” of the Police Chief.
Citizens on Patrol Program (COPP) are citizens registered with the City of
Cincinnati as volunteers.
Any citizen, who is at least 18 years of age, is of good moral character and free
of felony or violent criminal conviction can apply as a volunteer in COPP. They
must successfully complete the application, background investigation and
training processes and be approved by the Police Chief.
Neighborhood Citizens on Patrol Unit are civilian volunteers that make up a
watch group for a designated neighborhood. They function as a team reporting
to the Police Department criminal activity detected while on patrol in their
neighborhood.
Purpose:
To establish guidelines for Department personnel to use when citizens request
information regarding volunteer programs.
To establish a Department-wide policy for handling and processing citizen
volunteer injury reports in an efficient and effective manner.
Policy:
All injuries to volunteers while volunteering their services will be properly reported
to the Division of Risk Management through the chain-of-command.
Information:
The large number of persons now involved in the Citizens on Patrol Program has
increased the potential for volunteer injuries.
The COPP members are covered under the city worker’s compensation
insurance and are entitled to those benefits if injured on duty.
Procedure:
A.
Citizens on Patrol Program
1.
Citizens can volunteer for COPP in the following ways:
Rev 9/30/03 Replaces 10/96
1
18.104
2.
3.
a.
Contact the Police Department’s Citizens on Patrol Program
Coordinator directly through the Community Oriented Policing
Coordinator’s office. (352-2989)
b.
Contact any district neighborhood officer for information and
application.
c.
Respond to any police district and contact the desk officer who
will refer them to any neighborhood officer.
Neighborhood Officers will:
a.
Verify that the person wanting to become a COPP volunteer is
18 years of age.
b.
Give the requesting person an application (Form 580A).
c.
Advise the citizen that they are to fill out the Form 580A in its
entirety and mail it to the COPP Coordinator.
The COPP Coordinator will:
a.
Review all applications for the volunteer positions with COPP.
b.
Conduct a background check on qualified applicants.
c.
Schedule those applicants who have been approved by the
Police Chief for training at the Police Academy.
d.
Assign the citizen volunteers to their respective neighborhoods.
e.
Receive and retain reports on the number of hours worked by
each volunteer group.
f.
1)
Compile a monthly report on the total number of hours
worked by all volunteers.
2)
Report monthly, via a Form 17 to the Risk Manager of the
Risk Management/Employee Health Service, the total
number of hours worked by each volunteer.
3)
Report monthly, via a Form 17 to the Police Chief, all
activities of the volunteers and the number of hours worked
in each neighborhood.
Maintain a file on each volunteer, containing the following
information:
1)
Personnel jacket containing application and background
information.
2)
Spreadsheets containing all hours worked by each
volunteer.
Rev 9/30/03 Replaces 10/96
2
18.104
g.
4.
5.
B.
Investigate all complaints on COPP volunteers and report to the
Police Chief via Form 17 all information obtained and a
recommendation on action to be taken.
Citizen volunteers will:
a.
Complete the application Form 580A truthfully and accurately.
b.
Participate in the program activities as requested by the civilian
coordinator.
c.
Follow the “rules of conduct” outlined in the COPP operations
manual.
d.
Adhere to the Mission Statement of the Cincinnati Police
Department and the neighborhood Citizens on Patrol Unit.
Neighborhood Citizens On Patrol Unit Personnel will:
a.
Select a volunteer to serve as civilian volunteer coordinator with
the approval of the Police Chief.
b.
Select a second volunteer to serve as administrative coordinator
with the approval of the Police Chief.
c.
Select a third volunteer to serve as a personnel coordinator with
the approval of the Police Chief.
d.
Attend one patrol session per month as well as one unit meeting
per month (or as otherwise directed).
Volunteer Personnel Injured On Duty
1.
Volunteer personnel injured on duty will be provided with an employee
injury packet, which will be completed at the initial care facility.
2.
When a volunteer is injured, a district/section/unit supervisor will
prepare an original and one copy of the Supervisory Investigation of
Employee Injury report (Form 91SP).
a.
The Form 91SP will contain the volunteer’s social security
number (SSN) and identification (ID) number as shown on the
Citizens on Patrol ID badge. It will also contain the volunteer’s
home address.
b.
Fax a copy of the Form 91SP to the City’s current insurance
provider and to the Risk Management Office.
1)
c.
Fax a copy of the Form 91SP to the COPP coordinator.
Forward the original Form 91SP to the Police Chief through the
chain-of-command.
Rev 9/30/03 Replaces 10/96
3
18.104
d.
Complete a Form 91SP even if the volunteer refuses treatment
for a non-visible injury.
Rev 9/30/03 Replaces 10/96
4
18.105
18.105 CIVILIAN OBSERVERS
Reference:
Procedure 12.021 - Visitor Identification in Police Facilities
Procedure 12.700 - Search Warrants/Consent to Search
Procedure 18.106 - Police Clergy Program
Purpose:
To develop an open relationship of integrity and trust with the citizens of the
community by providing individuals an opportunity to observe the daily patrol
operations of the Police Department.
Policy:
Civilian participation in Department programs is subject to certain provisions.
All civilian observers will participate in a uniform Patrol Bureau assignment. All
requests by civilians to ride in an undercover assignment (Street Corner, General
Vice Enforcement, etc.) must be approved by the Police Chief.
All persons observing police activities will sign a Release of All Claims (Form
612), except as noted in Section A.1.
Police Clergy Program members and nonsworn Police Department employees
may ride at any time without prior scheduling provided space is available.
Civilians will not become actively involved in police incidents while accompanying
a police officer. Their activity should be restricted to that of an observer.
Information:
All civilian observers (except Clergy and nonsworn employees) must have written
permission from one of the following:
Police Chief
Bureau commander
Affected district/section commander
Community Oriented Policing (COP) Coordinator
Refer to Procedure 12.700, SEARCH WARRANTS/CONSENT TO SEARCH,
Information and Policy sections regarding restrictions and guidelines for civilians,
media, and third parties during the execution of a search warrant.
Rev. 4/13/04 Replaces 2/00
1
18.105
Procedure:
A.
Processing Release of All Claims (Form 612):
1.
The assigned officer will ensure a Form 612 has been completed for
each observer before participation.
a.
Nonsworn Police Department employees are not required to
complete a Form 612, as long as they are observing in the
performance of their job.
b.
The police clergy's original Form 612 remains in force as long as
they remain a Police Clergy Program member.
2.
Processing Form 612 includes a records check which will be made
using the Clerk of Courts web site (http://www.courtclerk.org/).
3.
Note on the Form 612 the signature of the person performing the
record check.
a.
1)
Been convicted of any offense of violence.
2)
Been convicted of any serious misdemeanor.
3)
Any felony convictions.
4)
Any outstanding warrants or capiases.
4.
Observers will be advised of the instructions on the Form 612.
5.
All persons under 18 years old must have their parent(s) sign the
parental consent portion of the Form 612.
a.
6.
B.
Civilians will not be permitted to ride if they have:
The COP Coordinator or the district/section commander granting
permission must verify parental consent.
File the original Form 612 at the district/section where the participant
observes.
a.
Forward a copy to the COP coordinator for his file.
b.
Give the civilian a copy.
Scheduling Observers:
1.
The COP Coordinator will process and schedule all observers except
those directly approved by the bureau/district/section commander.
a.
The COP Coordinator will schedule individual and organized
groups referred by the police administration.
Rev. 4/13/04 Replaces 2/00
2
18.105
b.
C.
Supervisory Responsibilities:
1.
Determine the observer's assignment within the unit.
a.
Determine if a radio is available for the observer's use.
3.
List civilians participating as observers on the lineup.
1.
Instruct the observer on the rules of conduct listed on the Form 612.
2.
Familiarize the observer with the operation of the police radio.
3.
Instruct the observer not to view the Mobile Data Terminal (MDT)
while in use.
4.
F.
The entry will indicate the identity of the observer, the police
officer to whom assigned, radio number (if provided), and the
hours.
Assigned Officer Responsibilities:
a.
E.
An insufficient number of field units may prevent observers from
participating in a department program.
2.
a.
D.
The COP Coordinator will not grant civilians permission to ride if
they rode within the last six months, unless they are participating
in the University of Cincinnati Internship Program or the
Cincinnati Police Explorer Program.
Advise the observer that it is a violation of the Law Enforcement
Automated Data System (LEADS) rules and regulations and can
result in sanctions against the department.
Indicate the assignment of an observer on his Daily Activity Record
(Form 436A).
Observer Responsibilities:
1.
Present a completed Form 612 to the supervisor where the observer
will ride.
2.
Wear identification while in police facilities and while riding.
3.
Refrain from looking at the MDT screen while in the vehicle.
Reporting Incidents:
1.
Department employees will promptly report to a supervisor all cases
of improper behavior or unusual occurrences involving a civilian
observer.
Rev. 4/13/04 Replaces 2/00
3
18.105
a.
b.
Supervisors may refuse/terminate the observer's participation
for:
1)
Improper dress.
2)
Improper conduct.
Document the refusal/termination on a Form 17.
1)
2.
Route a copy to the COP Coordinator for filing.
If an observer is injured while participating in a Department program,
a supervisor will document the details on a Form 17.
a.
Route a copy to the COP Coordinator for filing.
Rev. 4/13/04 Replaces 2/00
4
18.106
18.106 POLICE CLERGY PROGRAM
Introduction:
The Police Clergy Program assists Department personnel in handling a variety of
crisis situations. It provides our citizens with the best service in times of personal
crisis or tragedy.
Assigned chaplains are on call 24 hours a day for each of the five police districts.
Each chaplain has completed a comprehensive Crisis Ministry Course at the
Cincinnati Training Section. Each carries an official ID card issued by the
Hamilton County Police Association.
Chaplains can aid police in handling crisis situations. These include death or
serious injury notifications, attempted or contemplated suicides, aggravated
domestic problems, police-related shootings, SWAT call ups, or any other
situation in which the officer feels a chaplain could calm or aid persons.
Purpose:
To familiarize police personnel with the services, duties, and responsibilities of
the Police Clergy Program.
To promote a better understanding of the program between officers and
chaplains.
Procedure:
A.
Officers will notify the district when they have a crisis situation where the
presence of a chaplain would help resolve a problem.
1.
2.
B.
The desk officer will page a chaplain and request their assistance.
When the chaplain responds to the page, information conveyed
should include the nature of the situation, names of persons involved,
and the location where the chaplain is to respond.
a.
Each district will have a roster of available chaplains. The Police
Clergy Program supplies this roster which contains complete
paging directions.
b.
If the chaplain does not answer the page within five minutes, the
desk officer will page the Police Clergy Program Supervisor.
Chaplains will refer all news media requests to the on scene police
supervisor.
On occasion chaplains will accompany police officers on patrol to observe
and discuss police operations. This will acquaint them with police
personnel and the community, and make them available for assistance
should the need arise.
Rev. 1/93, Replaces 10/82
1
18.106
1.
Upon entering the program, each chaplain completes a Release of All
Claims (Form 612). The Form 612 is in force for the duration of
membership in the program.
2.
When a chaplain accompanies an officer on patrol, the officer will
notify Police Communications Section (PCS). The officer will give the
chaplain's name and the assigned officer's radio call number.
a)
3.
C.
If a spare radio is available at the district, the chaplain may use it
while riding on patrol. Advise PCS of the radio number and
record in the blotter before leaving the district.
Each district will have bulletproof vests for use by Police Clergy
Program members. Make a blotter entry when a vest is used.
Refer all inquiries concerning the Police Clergy Program to the Public
Information Office.
Rev. 1/93, Replaces 10/82
2
18.107
18.107 PEER SUPPORT PROGRAM
Reference:
Procedure 19.106 - Post Shooting Trauma
Purpose:
Provide all Department employees and their families with the opportunity for peer
support in times of personal or professional crisis.
This program is not intended to provide officers or civilians who may have
violated the law with a method of relieving themselves of real or perceived guilt,
nor is it to be construed that a penitent/confessor relationship exists any time a
crime is revealed.
Policy:
Communication between a peer support team member and a person in need is
considered privileged by the Department except for matters which involve threat
to self or others, violations of law, or serious misconduct. If concerns arise, peer
support team members will contact the Police Psychologist's Office for guidance
and assistance.
Nothing in this procedure negates your duties and responsibilities as a member
of the Police Department.
Procedure:
A.
Objectives:
1.
Provide assistance to any Department employee or family member in
time of need.
a.
B.
Peer support team members are not a resource for the general
public.
2.
Provide follow up support as long as necessary.
3.
Maintain program credibility and integrity.
4.
Develop a referral system for persons in need.
5.
Maintain an awareness program.
6.
Provide periodic training sessions.
Program Regulations and Guidelines:
1.
Any Department employee or family member may seek assistance
from a peer support team member at any time by:
Rev. 10/97, Replaces 5/95
1
18.107
a.
Obtaining names and phone numbers, which are posted in all
districts/sections/units.
b.
Calling Police Communications Section (PCS) to have a team
member contacted.
1)
2.
It is essential to the continued success of the program that strict
confidentiality be maintained between the peer support team member
and the person in need, except as noted in the Purpose and Policy
sections of this procedure.
a.
Individual participation in the program is strictly voluntary.
1)
C.
b.
Nothing discussed, except those matters mentioned in the Policy
section, will be divulged to any other Department personnel
without written consent of the person in need.
c.
Discussions between a peer support team member and a
person in need will not be recorded for use in administrative or
disciplinary proceedings or discussed with Department
personnel.
The Peer Support Program is and will continue to be staffed by Police
Department employees.
a.
Interested employees should submit membership requests to
the Peer Support Coordinator.
1)
Selections are made after reviewing these requests and
conducting interviews by the Police Psychologist. The
Police Chief approves the final selections.
Training:
1.
All peer support team members receive in-service training in basic
and proper support techniques.
a.
E.
Referrals made to the program by any concerned person
will prompt a discreet and tactful inquiry by a peer support
team member into the problem.
Staffing:
1.
D.
If PCS cannot reach a team member, they will assist in
locating the Police Psychologist, during and after normal
business hours.
Additional in-service training is conducted periodically.
Peer Support Team Member Responsibilities:
1.
Attend all in-service training.
2.
Render support on a volunteer basis, on or off duty.
Rev. 10/97, Replaces 5/95
2
18.107
3.
Develop a sincere rapport with the individual.
4.
Maintain confidentiality as adopted by the Peer Support Steering
Committee.
5.
Agree to be on a Department wide 24 hour availability list.
6.
Help individuals identify their own concerns and assist or direct them
toward self help or other referral needs.
7.
Offer long term support to the individual, as necessary.
8.
Follow up on referrals.
9.
Consult with the Police Psychologist, as needed.
10.
Immediately refer to the Police Psychologist any incidents of threat,
violation of law, or serious misconduct.
11.
Have specially trained post shooting peer support team members
respond to shootings, as specified in Procedure 19.106, Post
Shooting Trauma.
Rev. 10/97, Replaces 5/95
3
18.110
18.110 DEPARTMENT RECOGNITION
Reference:
Standards Manual 26.1.4
Purpose:
Establish a procedure in which Department members, citizens, groups, or
agencies may bring a member's outstanding performance to the Department's
attention.
Bring special recognition to police officers who suffer a gunshot wound from
hostile action in the line of duty.
Establish a central awards nomination system so Department members have
equal exposure for recognition of outstanding achievement.
Ensure complete and accurate listings of commendations and award
nominations.
Procedure:
A.
Commendation From the Police Chief:
1.
When a Department member performs in an exceptional manner, the
district/section/unit commander will prepare, for the Police Chief's
signature, a letter of commendation detailing the incident.
2.
Upon approval the Police Chief's Office will:
a.
b.
Return the original letter of commendation through the bureau
commander to the affected district/section/unit commander.
1)
A supervisor will read the letter at roll call and give it to the
member.
2)
A notation will be made in the Commendations section of
the member's Personnel Information Sheet.
Forward one copy to PIO (Public Information Office) for its
Central Awards file.
1)
c.
3.
PIO will review for possible media release.
Forward a copy to Personnel Section for noting on Page 11-1 of
the member's original Personnel Jacket.
When the incident involves more than one member, prepare separate
letters for each member involved.
Rev. 9/97, Replaces 12/96
1
18.110
B.
Citation for Personal Sacrifice:
1.
When a sworn Department member is wounded by gunfire resulting
from the criminal action of another person, the district/section/unit
commander will prepare a Form 17 to the Police Chief detailing the
incident.
a.
2.
C.
The Police Chief determines eligibility for the Citation for
Personal Sacrifice.
After review and approval, the Police Chief's Office will forward the
Form 17 to PIO for coordination of the awards program on Police
Memorial Day. PIO will:
a.
Compile a list of candidates 14 days before Police Memorial
Day.
b.
Notify candidates to be present for the award.
c.
Prepare a news release.
3.
A notation will be made on Page 11-1 of the recipient's original
Personnel Jacket and Personnel Information Sheet. PIO will maintain
the original Form 17 in a separate file.
4.
The Citation for Personal Sacrifice is a scarlet ribbon with a gold 13/8" x 3/8" border.
a.
Recipients will wear the ribbon centered directly above the right
blouse pocket.
b.
A framed certificate signed by the Police Chief will accompany
the ribbon when awarded.
Bureau/District/Section/Unit Citation:
1.
When a bureau/district/section/unit commander feels a Department
member performed in a manner that should be commended, the
commander will prepare a Form 17 detailing the incident.
2.
Any Department member may request a citation for another member.
Prepare a Form 17 to the affected member's
bureau/district/section/unit commander detailing the incident.
a.
A supervisor will read the citation at roll call and give it to the
member.
1)
b.
Make a notation in the Commendations section of the
member's Personnel Information Sheet.
Forward copies to:
1)
PIO for its Central Awards file.
Rev. 9/97, Replaces 12/96
2
18.110
a)
2)
3.
D.
Personnel Section for noting on Page 11-1 of the member's
original Personnel Jacket.
When the incident involves more than one member, prepare separate
letters for each member involved.
Letter of Recognition:
1.
Members who receive a letter of recognition from a citizen or group
will forward the original letter to the Police Chief's receptionist for
logging and a "Thank You" response prepared in the Police Chief's
name.
a.
The Police Chief's receptionist will then forward:
1)
The original letter back to the commended officer's
district/section/unit.
2)
A copy to Personnel Section for notation on Page 11-1 of
the commended officer's original Personnel Jacket.
3)
A copy to PIO.
a)
b.
2.
PIO will review for possible media release.
A supervisor will read the letter at roll call and give the
commended officer the original for his personal use.
1)
E.
PIO will review for possible media release.
Note receipt of the letter in the Commendations section of
the member's Personnel Information Sheet.
If a member is not identified, send the original letter to the
district/section/unit to determine the member's identity. After
identifying the member, return the letter to the Police Chief's
receptionist. She will write a "Thank You" response and process the
letter as above.
Certificate of Award:
1.
When a citizen or group presents an officer with an award not
previously mentioned, the officer will prepare a Form 17 advising his
supervisor of all facts.
2.
The officer's supervisor will summarize on a Form 17 the facts given
by the officer. Distribute copies as follows:
a.
District/section/unit commander - for a notation in the
Commendations section of the commended officer's Personnel
Information Sheet.
1)
A supervisor will read the award at roll call and give the
commended officer the original for his personal use.
Rev. 9/97, Replaces 12/96
3
18.110
b.
Personnel Section - for notation on Page 11-1 of the
commended officer's original Personnel Jacket.
c.
PIO - for Central Awards file
1)
F.
PIO will review for possible media release.
Central Awards File:
1.
PIO will maintain a Central Awards file. Contents will be examined
upon an award nomination request.
Rev. 9/97, Replaces 12/96
4
18.120
18.120 RELEASE OF INFORMATION AND PUBLIC
RECORDS
Reference:
Procedure 12.225 - Vehicular Crash Reporting
Procedure 12.700 - Search Warrants/Consent to Search
Procedure 12.900 - Processing Juvenile Offenders
State v. Keller, 85 Ohio St.3d 279
Kallstrom v. City of Columbus, 136 F.3d 1055
State ex rel. Plain Dealer Publishing Company v. Cleveland, 106 Ohio St. 3d 70
State ex rel. Dispatch Printing Company v. Johnson, 106 Ohio St.3d 160
Ohio Revised Code Section 149.43, Availability of Public Records
Definitions:
Infrastructure Record –
•
Any record which discloses the configuration of critical systems, including,
but not limited to, communication, computer, electrical, mechanical,
ventilation, water, and plumbing systems.
•
Any record which discloses security codes used by the Department, as
well as records which reveal the infrastructure or structural configuration
of any Department building. A simple floor plan limited to showing the
spatial relationship of components of the building is not protected from
disclosure.
Security Record –
•
A record containing information used for protecting or maintaining the
security of the Department against attack, interference, or sabotage;
•
A record prepared by the Department to prevent, mitigate, or respond to
acts of terrorism, including any of the following:
o
o
o
o
Vulnerability assessments or response plans intended to prevent,
respond to, or mitigate acts of terrorism;
Communication codes for deployment plans of law enforcement or
emergency response teams;
Specific intelligence information and specific investigative records
shared by federal and international law enforcement agencies with
state and local law enforcement agencies and public safety agencies;
and
National security records classified under a federal executive order
and not subject to public disclosure under federal law that are shared
by federal agencies and other records related to national security
briefings to assist state and local government with domestic
preparedness.
Revised 02/27/07, Replaces 03/28/06
1
18.120
Information:
The Public Information Office (PIO) aids Department personnel in releasing
information to the media and prepares and distributes daily formal media
releases about Police Department activities.
Refer media personnel requesting information concerning newsworthy events to
PIO, Monday through Friday, 0800 to 1700 hours. After hours or if PIO is
unavailable, the officer-in-charge (OIC) of the incident is responsible for handling
basic media requests for information concerning the incident.
Personnel who have factual information from an offense report, auto accident
report, traffic ticket, or other document, excluding Form 311 investigate reports,
or as otherwise directed herein, will, upon request, release that information.
Computer printout information in NCIC, LEADS, CLEAR, or RCIC is not released
except to criminal justice personnel for criminal justice purposes (as defined in
the LEADS User Manual).
This procedure is a guide for police personnel to use when dealing with news
media personnel to ensure cooperation and to control the access of news media
representatives, including photographers, to the scene of major fires, natural
disasters, other catastrophic events, and crime scenes.
Ohio Supreme Court decisions in the Plain Dealer and Dispatch Printing
Company cases state public employees’ home addresses and photographs are
not considered public records under Ohio law and should not be released
pursuant to a Public Records request. Court ordered requests for employees’
personal information will be handled as outlined in Section I.
Policy:
The Police Chief is ultimately responsible for the maintenance and release of all
Department records. The Records Section Director (RSD) has been granted the
authority to maintain and release all Department Records on behalf of the Police
Chief.
Records Section will take requests and release documents and records during
normal business hours Monday through Friday, 0800 to 1700 hours excluding
holidays. All requests for records made to the Police Department must be
referred to Records Section for processing and release. Advise individuals
requesting records they may make their request by appearing in person at
Records Section, phoning or faxing Records Section, or via email. If appearing
in person at Records Section or contacting Records Section via telephone, a
written request is not necessary for release of records under the Public Records
Act.
Refer written or electronic requests for records and documents occurring outside
of normal business hours to Records Section on the next business day. When
on-site records requests are made in person at a district/section/unit outside of
normal business hours, request the individual complete a Form 29, Request for
Public Records. If the individual completes the Request for Public Information
form, fax the form to Records Section for review on the next business day.
All records requests via subpoena will be handled by Records Section.
Revised 02/27/07, Replaces 03/28/06
2
18.120
Records Section will notify Planning Section if the records released were the
result of a civil case involving Department members. Planning Section will make
the appropriate notifications to the Law Department. Refer requests for records
by the City Solicitor and Prosecutor’s Office concerning civil cases involving
Department members to Planning Section.
The Cincinnati Police Department will readily cooperate with any request for
release of information or to view information maintained by the Department in
accordance with State or Federal law.
Records Section personnel will contact the Solicitor’s Office whenever there is a
question about whether to release a record.
Procedure:
A.
Requests for Release of Records and Reports
1.
Forward all written or electronic requests for records received to
Records Section.
2.
Records Section will release records and reports pursuant to ORC
149.43 within a reasonable time. As soon as the requested records
are available, Records Section will immediately notify the requester to
respond to the Records Section for pick-up and payment.
a.
3.
Records Section will investigate requests of records that may not
be subject to release.
1)
Records Section will consult the Solicitor’s Office if there is
any question regarding release of requested information.
2)
If records being requested contain personal
information
that may be protected under the 14th Amendment rights to
privacy and bodily integrity, Records Section will initiate the
process outlined in Section H.
Records Section will contact districts/sections/units holding requested
public records and obtain a copy or make arrangements for the
viewing or collection of those records permitted to be released.
a.
The affected district/section/unit will:
1)
Make the requested number of copies of the requested
record.
2)
Redact all information as required in Sections D.1. and H.1.
3)
Send the requested number of copies of the requested
records to Records Section for release.
Revised 02/27/07, Replaces 03/28/06
3
18.120
b.
If the records are requested pursuant to a subpoena, two
copies of Form 30, Authentication of Records, must be
completed, notarized, and submitted with two copies of the
requested records.
5)
If necessary, prepare a Form 17 documenting why the
records are missing or incomplete.
Records Section will notify the requesting party.
4.
Records Section will edit information that would endanger the life or
safety of law enforcement personnel or any information that is
confidential as defined by law.
5.
Records Section will collect fees before releasing public records. The
charge will be 5 cents per page, except in the case of large requests
that must be copied off-site, in which case Records Section may
charge actual costs.
a.
B.
4)
Records Section will bill for any public records released under
the authority of PIO.
On-Site Requests for Public Records
1.
Individuals who respond to a district/section/unit, other than Records
Section, during normal business hours and request the release of
records will be referred to Records Section in person, by telephone,
fax, or email.
2.
Individuals who respond to a district/section/unit after normal business
hours and request the release of records will be requested to
complete a Form 29, Request for Public Records. If the individual
completes the Request for Public Information form, fax the form to
Records Section for review on the next business day.
a.
3.
If an individual does not want to complete a Form 29, refer the
individual to Records Section in person, by telephone, fax, or
email the next business day.
When responding to on-site requests for records for incidents that
have just occurred, i.e. OH-1 from an auto accident, Department
personnel should advise the requesting individual that it usually takes
seven to ten business days for the requested document to arrive at
Records Section.
a.
Personnel who have factual information from an offense report,
auto accident report, traffic ticket, or other document, excluding
Form 311 investigate reports, or as otherwise directed herein,
will, upon request, release that information.
Revised 02/27/07, Replaces 03/28/06
4
18.120
4.
C.
Under exigent circumstances and after consultation with the lead
investigator or investigation OIC, the Public Information Officer, a
bureau commander, the Night Chief, or a district/section commander
in the absence of PIO, may authorize the on-site release of records,
including Police Communications Section tapes and dispatch logs, to
the media.
Investigations - Arrests
1.
From the initial stage of a criminal investigation until the completion of
a trial or disposition without a trial, police personnel will direct all
media requests for information to the supervisor responsible for the
investigation. The supervisor or their designee, or PIO will release the
information following the listed guidelines:
2.
Before issuance of an arrest warrant or the filing of any complaint,
information, or indictment, the identity of a suspect is confidential and
will not be disclosed.
3.
a.
This does not apply to 911 tapes in which a potential suspect is
named.
b.
Do not expose persons in custody to the media for pictures or
interviews.
From the time of arrest, issuance of an arrest warrant, or the filing of
any complaint, information, or indictment of any person 18 years of
age or older, the following information will be released upon request:
a.
A factual statement of the accused’s name, sex, race, age,
residence, occupation, and family status.
b.
The facts of arrest, the time and place of arrest, pursuit, and use
of weapons.
c.
Charges placed, including a brief description of the elements
necessary to constitute the charge.
d.
The identity of the investigating and arresting officers or agency
and the duration of the investigation.
1)
Do not reveal the identity of covert officers.
2)
Do not reveal the home address or telephone number of
any officer.
Revised 02/27/07, Replaces 03/28/06
5
18.120
4.
D.
Prior to an official court disposition, Department personnel will not
release or authorize the release without the Police Chief’s approval,
any statement concerning:
a.
The prior criminal record, including arrests, indictments, or other
charges of crime, character, or reputation of the accused.
b.
The existence or contents of any confession, admission, or
statement given by the accused, or the refusal or failure of the
accused to make any statement.
c.
The performance or results of any examination or test, or the
accused’s refusal to submit to such examination or test.
d.
The identity, testimony, or credibility of prospective witnesses.
e.
The possibility of a guilty plea to an offense charged.
f.
An opinion about the accused’s guilt, innocence, mental
competency, or to the merits or evidence in the case.
5.
Withhold critical information from the public if and until a danger to a
victim no longer exists, e.g., a kidnapping victim not yet returned, in
accordance with Kallstrom.
6.
Releasing photographs:
a.
Requests for photographs of arrested persons will be referred to
the Hamilton County Sheriff’s Office Warrant/Identification Unit.
b.
Do not release photographs of victims or witnesses.
Reports
1.
The responsibility to redact information contained in reports that are
forwarded to Records Section for release pursuant to a public records
request remains with the personnel forwarding the report, i.e.,
Personnel Section, Homicide Unit, Internal Investigations Section, etc.
Records Section is only responsible for redacting information on
records kept in Records Section. The following information must be
redacted prior to the release:
a.
Social Security numbers.
b.
Uncharged suspect information.
c.
The identity of a confidential source.
d.
Information that would endanger the safety of law enforcement
personnel, crime victims, witness or a confidential source.
Revised 02/27/07, Replaces 03/28/06
6
18.120
e.
Confidential investigative techniques, procedures or work
product.
1).
2.
E.
The narrative portion of a Form 301S, Incident
Supplement, Form 311DV, Domestic Violence Investigation
Report, or Form 526, Vice Activity Report, where the
reporting officer states their theory of the case may be
edited.
The morning report summaries from the five police districts will be
used on the Press Release Board located at Records Section.
a.
The unit initiating or holding a report will release, upon request,
information contained in the report, except contents of the Form
301S, Form 526, or any Form 311 investigative report.
b.
The Department will not release information from reports
involving the abuse or neglect of a child in accordance with ORC
2151.421(H)(1) and (H)(2).
3.
Requests for copies of all fatal, unusual, or serious injury crash
reports should be referred to Traffic Section.
4.
Release upon request information in a Form 316, Minor
Accident/Aided Case/Mental Health Reponse Report (excluding
confidential health information), or Form 301, Incident Report, filed at
the district of occurrence.
5.
In cases of death or serious injury, the police will request the media
not release the identity of a deceased or seriously injured person until
next of kin is notified.
Use of the Voice Mailbox System (VMBS)
1.
The following personnel will provide, via the VMBS, information
concerning significant or noteworthy events, events affecting public
safety, or major news stories which affect the Department:
a.
District/section/unit commanders.
b.
PCS supervisors.
c.
Night Chief.
d.
Relief commanders or designees.
e.
Public Information Office.
Revised 02/27/07, Replaces 03/28/06
7
18.120
2.
3.
F.
a.
Name, title, and assignment of the Department representative
providing the information.
b.
c.
Type of incident.
Date, time, location, and names (spell out the names on the
phone).
d.
A brief description of the incident or offense.
End the VMBS message indicating this is only preliminary information.
Further information will be provided when it is available.
Incidents Involving Police Officers
1.
2.
G.
The following information will be provided:
Command officers, district/section commanders, or the Officer-inCharge of an investigation has the authority to release the names of
police personnel involved in an incident as soon as possible.
a.
Before release, ensure the accuracy of the information.
b.
Allow the officer the opportunity to notify family members before
releasing the information if the report of an incident would cause
them concern.
c.
The timely release of the name of police participants in a major
incident adds to the credibility of the Department and forestalls
the possibility of the media adversely commenting on the
incident because information was withheld.
Notify the Police Chief immediately upon receipt of court ordered
request for pictures of Department personnel in connection with an
event which will reflect unfavorably upon the individual officer or the
Department.
Statistical Data - Criminal Reports
1.
PIO will verbally provide information from Police Department
administrative reports.
2.
Refer requests for copies of Police Department administrative reports
to Planning Section.
Revised 02/27/07, Replaces 03/28/06
8
18.120
H.
Kallstrom Process, Plain Dealer, and Dispatch Printing Company cases
1.
Pursuant to the following case law:
•
•
•
•
Kallstrom v. City of Columbus, 136 F.3d 1055;
State v. Keller, 85 Ohio St. 3d 279;
State ex rel. Plain Dealer Publishing Co. v. Cleveland, 106 Ohio
St. 3d 70;
and State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St.
3d 160, the Police Department is NOT permitted to release and
will NOT release any of the following records of Department
employees:
I.
Home address.
Home telephone number.
Photographs.
Information regarding family members.
Beneficiaries.
Social security number.
Medical information or psychological reports.
Banking or account information.
Information obtained from driver’s licenses or
NCIC/LEADS/RCIC sources.
2.
The district/section/unit responsible for forwarding documents
containing any of the above information pursuant to a records request
is responsible for reviewing and redacting any of the above
information prior to sending the documents to Records Section.
3.
If any record requested under the Public Records Act contains
any
information that, if released, may violate a person’s 14th Amendment
right to privacy and/or bodily integrity, Records Section will notify the
focus of the request that a records request has been made.
4.
If the focus of the request presents a reasonable
objection based
specifically on the rights afforded in the 14th Amendment, the request
will be denied or the subject data will be edited from the record before
release. Records Section personnel will consult with the Solicitor’s
Office prior to withholding such information.
Process for Notification – Court Ordered Requests Involving Department
Employees’ Personal Address Information
1.
In the event the City of Cincinnati, including its employees, agents or
officials, receives a court ordered request for release of Department
employees’ personal addresses the following process will be followed:
a.
If the City receives the request, it will be forwarded to the Police
Department for action.
Revised 02/27/07, Replaces 03/28/06
9
18.120
b.
Upon receipt of a request for Department employee addresses,
the Department will direct all district/section/unit commanders to
notify all members. District/section/unit commanders will be
provided with the specific request.
c.
District/section/unit commanders will insure each member is
notified that the request has been received.
d.
District/section/unit commanders will generate check-off lists,
which will include the names of all members in their command.
The list will have the specific records request attached and each
member will be personally advised of the request by a supervisor
and the date of the notification will be noted on the check-off list.
Members will be provided an opportunity to express their
objection to the release of their personal address on the checkoff list.
e.
The check-off notification process will allow up to three days
insuring members that are on off days are notified. Members
who are not notified pursuant to the procedure set forth above
will be personally notified by a supervisor in their district, section,
or unit. Upon completion, the district/section/unit commander
will report in writing to the Police Chief that the notifications have
occurred.
f.
The Fraternal Order of Police, Queen City Lodge 69, will be
provided the request for release of sworn members’ personal
addresses at the same time the district/section/unit commanders
are provided the request.
g.
Records Section will maintain records documenting the
notification process. Objections to release of addresses will be
forwarded to the City Solicitor and the Human Resources
Department. Release of addresses by the City pursuant to a
public records request will be governed by existing law.
h.
The Police Department will publish the records request in the
Department’s weekly Staff Notes, as an additional and
redundant notification to all members.
Revised 02/27/07, Replaces 03/28/06
10
18.120
J.
Media Access
1.
Media personnel have the right to the same access at crime and
incident scenes as the public and no more.
2.
The incident OIC should establish a media staging area and assign an
officer to coordinate the media staging area until PIO arrives. The
incident OIC should then notify PCS of the location of the staging area
and the name of the officer assigned to it.
a.
The media staging area should be established outside of, but
within close proximity to, the outer perimeter of an incident to
satisfy both safety concerns and the media’s right to cover
newsworthy events.
3.
Media representatives should not be staged in, or permitted access
to, locations where they would be able to transmit live images of
incidents such as SWAT operations involving hostages or barricaded
persons.
4.
Media personnel must have the approval of a district/section/unit
supervisor or the Public Information Officer before entering non-public
areas of a police facility. While in non-public areas of a police facility,
media personnel will be accompanied by police personnel and will
wear a Visitor ID Pass.
5.
Refer to Procedure 12.700, Search Warrants/Consent to Search,
regarding restrictions and guidelines for civilians, media, and third
parties during the execution of a search warrant.
Revised 02/27/07, Replaces 03/28/06
11
18.121
18.121 CITIZEN OBSERVER
Reference:
Procedure 18.120 - Release of Information and Public Records
Purpose:
To share information on police investigations, general crime prevention and
neighborhood information with businesses and citizens through the Citizen
Observer website (www.citizenobserver.com) in an accurate and timely manner.
Information:
The Citizen Observer website brings law enforcement agencies, citizens and
businesses together in a united crime prevention partnership. The need and
ability to share accurate information quickly is paramount. The Citizen Observer
website has developed a highly effective means of connecting citizens with local
law enforcement that assists in addressing and inhibiting crime within local
communities and neighborhoods.
Definitions:
Wanted Fugitive Alert – entered when all identifying data is known for a suspect
who has a warrant or indictment for a felony or serious misdemeanor and
preliminary attempts to apprehend have been unsuccessful.
Unsolved Crime Alert – entered when a suspect’s identity is not known, or there
is insufficient evidence to swear a complaint for a felony or serious misdemeanor
and preliminary follow-up investigation has been unsuccessful in that regard.
Citizen Alert – entered for felonies and serious misdemeanors that just
occurred and exigent circumstances indicate immediate notification of the
citizenry at large, including but not limited to, all murders and robberies of
financial institutions where the offense is not immediately cleared or there is no
reason for a press release.
Business Alert – entered for felonies or serious misdemeanors that just
occurred or exigent circumstances justify immediate notification of specific
businesses including banks, auto shops, pawnshops, etc.
Press Release – entered when enlisting the aid of newspapers, radio or
television media to help solve a crime or when it is desirable to inform the media
of an apprehension or resolution to a crime.
New 08/16/05
18.121
School Alert – entered when information would be beneficial for parents,
students and school personnel on activity concerning their school.
Procedure:
A.
Entry of Alerts
1.
2.
Each district/section/unit will maintain at least two data entry
personnel, assigned by the district/section/unit commander and
trained by the Citizens on Patrol Coordinator, for the purpose of
entering community information.
a.
Only trained personnel or supervisors assigned to the
neighborhood units may enter, edit or delete community or
neighborhood information.
b.
The Community Oriented Policing (COP) Coordinator will review
entries daily.
Each district/section/unit will maintain at least two data entry
personnel, assigned by the district/section/unit commander and
trained by the Crimestoppers Coordinator, for the purpose of entering
criminal investigation information.
a.
Only trained personnel or supervisors of the investigative unit
responsible for the case investigation may enter, edit or delete
information relating to criminal investigations or activity.
3.
Only the Public Information Officer may enter media releases
regarding general crime conditions, crime statistics, policies regarding
crime and enforcement, unit or investigation successes, etc.
4.
All commanders and supervisors assigned to district investigative
units, Criminal Investigations Section, COP, Central Vice Control
Section, and Youth Services Unit will be trained to enter Citizen
Observer data.
a.
Only trained personnel may enter information to the Citizen
Observer website.
b.
The COP Coordinator is responsible for the entry, maintenance
and deletion of community information.
c.
The Major Offenders Unit is responsible for the entry,
maintenance and deletion of information regarding criminals,
criminal activity and criminal investigations.
New 08/16/05
18.121
d.
B.
The Crime Stoppers Coordinator will review all entries daily.
Responsibility for Maintenance of Alerts
1.
Crime Stoppers personnel will review and edit all entries for wanted
fugitives, unsolved crimes, citizen alerts, business alerts and media
releases referencing wanted persons, criminal investigations and
apprehensions.
2.
Personal Crimes Unit personnel will review and edit, when
appropriate, all entries for missing persons and media releases
referencing missing and found persons and Amber Alerts.
3.
Youth Services Unit personnel will review and edit all entries of school
alerts and media releases referencing same.
4.
The Citizens on Patrol Coordinator will enter all neighborhood watch
groups, neighborhood watch captains and neighborhood watch alerts,
as well as review and edit all information entered by watch groups and
captains.
New 08/16/05
18.125
18.125 MILITARY COURTESY
A.
Procedure:
1.
Rendering the Hand Salute:
a.
Hand salutes will be exchanged between supervisors and police
officers, when in uniform, upon every occasion of their meeting;
upon being addressed by a superior officer and when the
conversation is terminated, with the following exceptions:
1)
While in military formation; the O.I.C. will call "Attention"
and salute.
2)
When such action interferes with the performance of some
particular police duty.
3)
When both hands are full.
4)
While operating a motor vehicle; unless stopped.
5)
While riding a public conveyance.
6)
Generally, a hand salute will not be rendered indoors.
b.
Uniform members of the Department will salute the Mayor, City
Manager and the Director of Safety, upon all occasions of their
meeting, consistent with the above exceptions.
c.
All hand salutes will be rendered in a military manner. It is the duty of
the subordinate to offer first the prescribed salute, and of the superior
to return it smartly and promptly. The hand salute will be given when
the subordinate arrives within six paces of the officer to be saluted.
2.
The Call to Attention:
a.
When two or more subordinates are present, the first man to see
an officer of the rank of captain or higher approaching, will call
"Attention" and will remain at attention until the officer gives the
command "At Ease" or leaves the area.
1)
Rev. 5/80
This applies to all places where members of the
Department are assembled or gathered, in uniform, with
the following exceptions:
a)
When the command officer remains in the immediate
vicinity.
b)
When an officer of an equal or higher rank is present.
1
18.125
3.
4.
Other Courtesies:
a.
Members of the Department upon entering the private office of a
superior officer, when the officer is present, will uncover and
stand at attention, whether the officer is in uniform or civilian
clothes. This includes the offices of the Mayor, City Manager,
and Director of Safety.
b.
Members of the Department upon entering a house of Worship
will remove their headgear and remain uncovered until they
leave the premises.
c.
Supervisory and command officers will be addressed by their
correct title and name at all times.
Showing Respect to the National Colors:
a.
The national Flag will be flown daily from police buildings.
1)
b.
c.
Rev. 5/80
The flag shall be placed at half-mast on police buildings as
directed by teletype order.
When the flag is passing in parade, being hoisted or lowered, all
present should face it, stand at attention and salute; with right
hand, or with baton "Present Arms."
1)
If the flag is not flown during the playing of the National
Anthem, all present stand and face the music. Persons in
uniform salute at the first note, holding it until the last note.
Others (not in uniform) stand at attention, men removing
their hats. If the flag is displayed, all present should salute.
2)
The Pledge of Allegiance should be recited at attention;
police personnel will salute when in uniform, uncover if in
civilian clothes.
3)
Members of the Department carrying the National Flag
shall not dip them to any person, nor upon any occasion.
When the flag is so worn or soiled that it is no longer suitable for
display, it should be returned to the Equipment Section where it
will be destroyed in a dignified manner, preferably by burning.
2
18.135
18.135 PUBLIC APPEARANCES
Reference:
Manual of Rules and Regulations - 1.10
Policy:
Members representing the Police Department at public functions must have prior
Department approval. This includes appearances at public gatherings, on radio
or television, in articles for publication, or as correspondents to newspapers or
periodicals.
Purpose:
Provide qualified members for public appearances in response to citizen
requests for speakers.
Provide guidelines for granting permission of public appearances.
Provide for a centralized file of public appearance data, necessary for budget
preparation and planning purposes.
Procedure:
A.
Approval and Compliance:
1.
District or section commanders may appoint a qualified member of
their command to speak at public or private gatherings. District or
section commanders may designate an individual to select public
speakers. Speakers will address routine district or section functions
only. District or section commanders will obtain permission from their
bureau commander when the request is unusual, exceptional, or the
subject is controversial.
2.
Districts will handle public appearance requests sent directly to them
provided a qualified speaker is available and the event is within the
district.
a.
Districts unable to provide a qualified speaker will forward
requests to the Public Information Office (PIO) on a Form 17.
1)
3.
PIO will refer the request to a qualified Department speaker
and notify the requesting person by phone or letter.
Bureaus or sections will handle requests sent directly to them
provided they have a qualified speaker available and the subject
relates to their functions.
a.
Bureaus or sections unable to provide a qualified speaker will
forward requests to PIO on a Form 17.
Rev. 10/00, Replaces 12/96
1
18.135
1)
4.
Requests sent to the Chief's Office are forwarded to PIO for
assignment to the proper bureau.
a.
B.
PIO will refer the request to a qualified Department speaker
and notify the requesting person by phone or letter.
PIO will:
1)
Assign a control number.
2)
Maintain a log of assignments.
3)
Ensure the return of a Public Appearance Report (Form
628) after completion of public appearances.
Reporting:
1.
2.
3.
4.
Immediately upon completing the public appearance, the member will
complete two copies of Form 628.
a.
Forward the original Form 628 to PIO.
b.
Retain the duplicate Form 628 in the unit file.
Form 628 divides public appearances into three classes: community
meetings, speaker requests, and special projects.
a.
A community meeting is a group of public or private citizens
living or working in a particular community. This group meets
periodically with police officers, normally the district or beat
officers.
b.
A speaker request is any public or private group requesting an
officer to speak on a specific police related subject. The request
may be verbal or in writing. Speaker requests include media
appearances and guided tours of police facilities.
c.
A special project is any demonstration or display of police
related activities before the public. Examples are canine
demonstrations, touring the mobile command center, crime
prevention displays, booths at the Convention Center, bicycle
safety-lane, etc. This also includes paid requests.
Public Appearances do not include:
a.
Meetings with private or city officials to plan police details.
b.
Attendance at regularly scheduled meetings of local and state
crime prevention officer associations, etc.
When more than one officer attends a particular function, submit only
one Form 628 to PIO. Preparation is the responsibility of the officer
assigned to the district where the appearance occurred.
Rev. 10/00, Replaces 12/96
2
18.135
5.
The PIO Commander will provide the Police Chief with a monthly
summary of all public appearances by Department personnel from the
previous month.
a.
The report will list appearances by assignment with a breakdown
by each of the three public appearance classes. It will compare
the number of appearances from the current period with the
same period in previous years.
Rev. 10/00, Replaces 12/96
3
19.105
19.105 SICK/INJURED WITH PAY AND SPECIAL LEAVES
References:
Procedure 12.817 - Court Management System (CMS)
Procedure 12.830 - Donated Time
Procedure 19.107 - Family Medical Leave Act
Procedure 19.130 - Limited Duty Personnel
Procedure 19.140 – Outside Employment
Fraternal Order of Police/City Labor Agreement
American Federation of State, County and Municipal Employees (AFSCME)/City
Labor Agreement
City of Cincinnati Human Resources Policies and Procedure
Training Bulletin #142
Definitions:
Bloodborne contaminant - any blood, any body fluid (semen, saliva, vaginal
fluids, etc.) which visibly contain blood, or any body fluid in which it is difficult or
impossible to tell if it contains blood.
Active exposure - an exposure to an active bloodborne infectious disease
specifically to the eye, mouth, interior of the nose, intact/non-intact skin, or other
mucous membrane, from blood or other potentially infectious materials.
Original documents – photographs, MVR/DVR tapes, and any documents that
are handwritten or contain an original signature.
Passive exposure - an exposure to an airborne or bloodborne life-threatening
infectious disease, generally considered to be viral hepatitis or human
immunodeficiency virus (HIV), but not to an area classified as an active
exposure. Mere presence at a scene or contact with a body or other body fluid is
not necessarily an exposure. Even contact with blood or other body fluids is not
necessarily an exposure; the contact must be within the categories outlined in
the Information Section.
Methods of bloodborne infectious disease exposure:
•
•
•
•
•
A puncture, laceration, or abrasion of the skin.
A splash or spitting into the eye, mouth, or interior of the nose.
Contact with broken skin including rashes, chapped skin, open wounds, or
healing wounds with scabs.
A human bite.
Contact with intact skin in excess of three minutes.
Purpose:
Provide Employee Health Service (EHS) with each employee's health history,
enhancing their ability to provide the employee with proper medical care.
Ensure necessary documentation of sickness and injury cases.
Rev. 02/26/08, Replaces 04/25/06
1
19.105
Establish a uniform Department procedure for recording and reporting personnel
injured or exposed to infectious disease in the line of duty.
Establish guidelines for requesting a special leave of absence.
Policy:
City primary care physicians may examine and diagnose Department employees
when EHS is closed. Employees must follow all medical directives concerning
duty status established by the treating physician.
Sick With Pay (SWP) should not be approved unless the employee has properly
reported and justified the absence.
Medical information is considered confidential and will not be discussed with
anyone who does not have a legitimate need for the information. This includes
the reason an individual calls off sick, injured, or FMLA related status.
Officers may not work a police-related detail while on light duty, in an off-duty
injured with pay status, in any off-duty sick status, or off-duty due to any Family
Medical Leave Act (FMLA) approved time.
Officers must physically report for work after being off duty while injured, sick, or
taking FMLA approved time before working a police-related detail.
Officers who call their workplace and report themselves ready for duty are not
eligible to work an outside employment extension of police service detail prior to
reporting for their next scheduled tour of duty.
Officers who will be unable to attend court due to illness or injury must report the
days they will be unavailable for court to their immediate supervisor, who will
enter the information into the CMS.
Information:
Injured With Pay (IWP) benefits may be initially approved for payment by the
EHS Physician or by the Police Department, subject to final recommendation
and approval by the EHS Physician.
District/section/unit commanders will approve or disapprove Sick With Pay
(SWP) benefits.
Personnel Section may request the EHS Physician's opinion in considering the
decision to approve or disapprove SWP benefits.
Department employees may also refer to the Human Resources Policies and
Procedures, Chapter III - Employees Benefits, for additional information.
Disagreements with the determination of IWP, SWP, or FMLA status are
handled according to current City/Department policy and procedure and/or
current union contract stipulations.
Rev. 02/26/08, Replaces 04/25/06
2
19.105
The Form 91SP, Supervisory Investigation of Employee Injury, and checklist for
completion is available on the Intranet.
Procedure:
A.
Responsibilities of Department Employees Unable to Appear for Duty Due
to Sickness or Injury
1.
As soon as possible before the start of the next tour of duty, notify a
supervisor from the assigned unit (Refer to Procedure 19.107 for
leaves falling under the provisions of the Family Medical Leave Act).
a.
Provide the supervisor with:
1)
The specific nature of the illness or injury.
2)
How long you expect to be off duty.
3)
Whether you called or will call a physician or dentist.
4)
The telephone number where you can be reached.
5)
Notice of court appearances, off-duty details, meetings,
public appearances and training dates that may need to be
rescheduled.
b.
Contact EHS when directed by a supervisor.
c.
Comply with any request from the Police Department or the EHS
physician to respond to the EHS.
d.
EHS will provide Personnel Section with the original Form 96
and a copy to the affected officer following the medical
examination. The Form 96 will list any duty restrictions
determined by the EHS Physician. EHS will contact the affected
officer’s unit of assignment with any change in duty status.
1)
Personnel Section will compare the employee’s duties to
the Classification of Physical Demands of Work listed on
the reverse side of the form, complete the bottom portion of
the form, and fax a completed copy to EHS within 24
hours.
2.
When the condition improves allowing a return to duty, notify a unit
supervisor as soon as possible.
3.
If EHS approval is required, a sick or injured employee may not return
to duty without approval.
4.
Civilian employees are also governed by current City/union contracts
or Human Resources Policies and Procedures.
Rev. 02/26/08, Replaces 04/25/06
3
19.105
B.
Supervisory Duties When an Employee is Unable to Appear for Duty
1.
Upon receiving a call that an employee is sick or injured:
a.
Document the information provided by the employee on a Form
25S, Application for Leave of Absence, or a Form 91SP,
Supervisory Investigation of Employee Injury, as appropriate.
1)
In the "Reason" section of the Form 25S, explain in detail
why the person is off sick or injured.
2)
On the Form 25S, indicate your recommendation to the
district/section/unit commander to approve or disapprove
use of SWP or IWP.
a)
3)
Forward the form through the chain of command to the
district/section/unit commander.
b.
Record that the employee called off sick or injured in the unit
blotter.
c.
Ensure Personnel Section is notified when an employee is
admitted to a hospital as result of an on or off-duty injury or
illness.
1)
2.
Recommend the approval of SWP when the
employee has properly reported and justified the
request.
If after normal business hours or on weekends, the
information can be left on Personnel Section’s voice
mailbox system.
When an employee calls in sick and a supervisor has reason to
believe the employee is improperly using sick time, or if a physician's
or dentist's verification is necessary per the American Federation of
State, County, and Municipal Employees (AFSCME) contract, the
supervisor will:
a.
Direct the employee to produce a physician's or dentist's
statement within three working days justifying the absence.
1)
b.
Employees failing to bring in a physician's or dentist's
statement may be subject to disciplinary action and should
be carried in a Leave Without Pay (LWOP) status.
Prepare a Form 25S
1)
Check the "Medical certificate requested" block.
2)
Enter the reason for requiring the physician's or dentist's
statement.
Rev. 02/26/08, Replaces 04/25/06
4
19.105
3)
3.
Route the form through the chain of command to the
district/section/unit commander.
When an off-duty employee calls off with an on-duty injury or a
recurrence of an on-duty injury:
a.
Complete Form 91SP.
1)
Include the date of the original injury and date of
recurrence (if applicable), a brief description of the original
injury, and a thorough description of the current problem.
a)
b.
Carry sworn employees as IWP in the time book unless IWP
benefits were denied by EHS.
c.
Carry Division 1 employees SWP per union contract and Human
Resources Policies and Procedures for the first 40 hours of their
disability period, excluding the day of the injury, unless they are
hospitalized for one or more days as a result of the on-the-job
injury.
1)
Non-sworn employees will not be carried IWP until a final
decision is made by EHS Physician, except as outlined in
B.3.c.
a)
2)
In those cases, the employee must identify the type of
leave to be initially used, i.e., vacation, comp., SWP.
If IWP is approved by the Risk Management Office, the
payroll reports and time book will be adjusted to reflect
prior balances.
d.
Direct the employee to contact EHS as soon as possible but no
later than the end of the next business day and note this on the
Form 91SP.
e.
Work-flow the completed Form 91SP through the chain of
command to the district/section/unit commander.
1)
C.
Mark "recurrence" at the top of the Form 91SP, if
applicable.
When work-flowing the 91SP, “Add Notification” to
Personnel Section.
Duties of District/Section/Unit Commander When an Employee is Unable to
Appear for Duty Due to Illness or Injury
1.
Upon receipt of Form 25S for SWP benefits:
a.
Review and sign indicating approval or disapproval of the use of
SWP benefits.
Rev. 02/26/08, Replaces 04/25/06
5
19.105
b.
Forward the original daily to Personnel Section via the chain of
command.
c.
Maintain a copy in the district/section/unit tickler file.
1)
2.
3.
D.
E.
When an employee returns to duty, note the date of return
on the unit copy. Send a copy to Personnel Section and
transfer the unit copy to the employee's unit Medical
Jacket.
Upon receipt of a Form 91SP for IWP benefits:
a.
Review and initial.
b.
Notify Personnel Section as soon as possible of the illness/injury
and date in cases of:
1)
On-duty injury or a recurrence of an on-duty injury.
2)
A hospitalized employee.
3)
Exposure to an infectious disease.
c.
Make a blotter entry, when appropriate, indicating Personnel
Section was notified.
d.
Work-flow the Form 91SP directly to Personnel Section.
Inform the bureau commander of cases involving serious injury,
illness, or extended illness.
Sickness While on Duty
1.
An employee becoming ill on duty will report the illness to a
supervisor. The supervisor will assist or make arrangements to
transport the employee home, to EHS, to a private physician, or a
hospital, as conditions determine. The supervisor will prepare a Form
25S as outlined in Section B.1.a.
2.
Employees becoming ill while on duty are carried on the Payroll
Attendance Report (PAR) and time book as sick for the portion of the
day they are absent from their regular tour of duty. Record the offduty sick time in 15 minute increments.
Personnel Injured on Duty
1.
Personnel injured on duty will be provided with an employee injury
packet to be completed at the initial care facility.
a.
2.
A packet is not required when treatment is received from EHS.
Investigating supervisors will review the treating physician’s medical
evaluations prior to granting an employee IWP.
Rev. 02/26/08, Replaces 04/25/06
6
19.105
3.
When a Department employee is injured on duty, a supervisor
will:
a.
Scan and attach the following documents to the appropriate ETS
case folder:
1)
Bureau of Worker’s Compensation form.
2)
Applicable release form, i.e., Employee Health Service,
hospital, or individual doctor.
b.
Work-flow the completed Form 91SP through the chain of
command to the district/section/unit commander. When workflowing the 91SP, “Add Notification” to Personnel Section.
c.
Print a copy of the Form 91SP from ETS and fax the copy to:
d.
e.
1)
City’s current insurance provider.
2)
Risk Management Office.
3)
Employee Health Service.
Advise the employee to contact EHS as soon as possible.
1)
An employee unable to respond to EHS at the time of
injury must notify EHS on the next EHS business day.
2)
If an employee is unable to respond or contact EHS due to
the seriousness of the injury, Personnel Section will notify
EHS of the employee's injury and status.
Carry sworn employees as IWP for the disability period subject
to final recommendation and approval by EHS.
1)
f.
The day of the injury is considered a working day. Do not
charge to IWP.
Carry Division 1 employees SWP per union contract and Human
Resources Policies and Procedures for the first 40 hours of their
disability period, excluding the day of injury, unless they are
hospitalized for one day or more.
1)
The day of the injury is considered a working day. Do not
charge to SWP or IWP.
g.
Carry other full-time non-sworn employees as mandated by
Human Resources Policies and Procedures.
h.
Complete Form 91SP even if the employee refuses treatment for
a non-visible injury.
Rev. 02/26/08, Replaces 04/25/06
7
19.105
F.
On-duty Exposure to Life-Threatening Infectious Diseases
1.
2.
Life-threatening infectious diseases are generally considered to be
viral hepatitis (HAV, HBV, HCV) and human immunodeficiency virus
(HIV), which are bloodborne, and tuberculosis (TB), which is airborne.
a.
Assume all contaminants are infectious. If the source is not
clearly known not to be infected, treat as if infected.
b.
If an employee has contact with a known source of an infectious
disease as listed in Section F.1. but not an exposure as listed in
“Definitions” section, the employee's supervisor should complete
a Form 91SP for a “passive exposure”.
1)
The employee receives a copy of the Form 91SP.
2)
A Form 91SP for a “passive exposure” does not generate a
Workers' Compensation number.
Treatment
a.
b.
All exposures:
1)
Immediately wash the affected area thoroughly with the
antiseptic gel and/or soap with hot water.
2)
Rinse eyes, mouth, and the interior of the nose thoroughly
with plenty of warm water. Expel the water.
Passive exposures:
1)
Do not go to a hospital or other medical care facility for
testing or treatment solely for a suspected exposure.
a)
c.
Active exposures:
1)
If an active exposure or a suspected active exposure
exists, respond to University Hospital for testing and
treatment.
a)
3.
Medical costs of testing for infectious diseases are
not covered by Workers' Compensation. EHS will
provide all necessary testing and associated
treatment without cost. Should you choose to seek
private testing you will be personally responsible for
the associated costs.
Follow-up treatment is handled by EHS.
Employee responsibilities:
a.
Immediately report the incident to a supervisor.
Rev. 02/26/08, Replaces 04/25/06
8
19.105
4.
b.
Indicate on the Form 527, Arrest and Investigation Report,
"Arresting employee exposed to blood/body fluids - court
ordered test required".
c.
Call EHS and speak with a nurse or a doctor, not just the
receptionist. If EHS is closed, contact them as soon as the office
opens for regular hours. Holidays and weekends will not
adversely affect treatment. EHS will determine if there is a
possible exposure and if an office visit is needed.
Supervisor responsibilities:
a.
Request the subject submit to a test for infectious diseases if a
suspected exposure occurs. This should be done at University
Hospital. Get a signed medical release from the subject so the
hospital will release the test results to EHS or the Police
Department.
1)
Notify EHS of a refusal.
2)
If for any reason a test is not performed on the subject at
the hospital:
a)
Notify a Hamilton County Justice Center (HCJC)
intake supervisor of the exposure and the need for a
court ordered blood test.
1]
HCJC personnel will obtain the necessary court
order on behalf of the Police Department. The
arrested will be held until the necessary test can
be administered.
a]
b.
Complete the Form 91SP.
1)
Work-flow the completed Form 91SP through the chain of
command to the district/section/unit commander.
a)
2)
When work-flowing the 91SP, “Add Notification” to
Personnel Section.
Fax a copy to Employee Health Service.
a)
c.
HCJC will notify EHS of the test results,
who will in turn notify the member.
Scan the medical release into the computer and
attach to the the appropriate ETS case folder. Route
the original medical release through channels.
The unit supervisor will contact EHS to be sure the affected
employee has notified EHS of the possible exposure and is
following the directives of EHS. Notify EHS where and when the
subject was tested for infectious diseases, and whether there is
a medical release.
Rev. 02/26/08, Replaces 04/25/06
9
19.105
5.
Personnel Section, when notified by EHS of known exposures
involving deceased individuals, will notify the affected employee's
district/section/unit commander. Employees will follow the protocol as
outlined above.
a.
G.
Personnel Section will be available to answer questions related
to exposures.
Notification in Cases of Serious Illness or Injury
1.
Each unit will maintain an updated Form 438, Personnel Index Card,
for each employee.
a.
b.
2.
1)
Names, addresses, and phone numbers of individuals to
be notified in case of an emergency.
2)
Name of clergy member if desired.
3)
Special instructions by the employee.
Changes to the Form 438 are the employee’s responsibility.
The employee, if conscious, should make the decision whether any
personal notifies are to be made.
a.
3.
The reverse side of the Form 438 contains the following
information:
If possible, the employee will personally make the call.
If the employee is unconscious or unable, a supervisor will contact
person(s) the employee designated on the Form 438.
a.
In-person notification will be made.
b.
Provide transportation of the notified person(s), if needed.
c.
Consider using a member of the Police Clergy Crisis Team or a
Peer Support member to assist with the notification.
d.
Notify Police Communications Section (PCS) by telephone of the
following:
e.
1)
Nature and extent of the injury or illness.
2)
Location or destination of the injured or ill employee.
3)
Whether the person(s) listed for emergency notification
were able to be contacted.
PCS will make the appropriate notifications according to the
Situational Occurrences Notification List.
Rev. 02/26/08, Replaces 04/25/06
10
19.105
H.
Special Leaves
1.
The Personnel Section Commander has authority to approve the
following special leaves in compliance with City/Department policy
and procedure and/or current union contract:
a.
Sick Pay Family (SPF).
b.
Sick Pay Death (SAD).
c.
Sick Pay Maternity (SPM).
d.
Military Training (MT).
e.
Leave Without Pay (LWP).
1)
2.
I.
The Department will follow the current City guidelines as
outlined in the Human Resources Policies and Procedures,
Department procedures, and/or current union contract.
Employees requesting special leave will complete a Form 25S as
soon as the need for the leave becomes known.
a.
The original is routed through the chain of command to
Personnel Section.
b.
The employee's unit of assignment retains a copy in the
employee's Medical Jacket.
c.
The time book and PAR will reflect the time granted.
Responsibilities of Personnel Section
1.
Serve as the Department liaison with EHS.
2.
Maintain an annual file of Forms 25S pertaining to sick leave.
3.
Maintain a list of personnel confined to a hospital.
a.
4.
5.
Notify the Police Chief's Office and the Fraternal Order of Police
(FOP) of those employees admitted to a hospital.
Advise EHS of:
a.
Hospitalized employees.
b.
Employees exposed to an infectious disease.
c.
Other serious or unusual cases of sick or injured employees.
Send a copy of the sick and injured leave report to EHS weekly
containing the information of personnel currently carried as IWP, light
duty, and on extended sick leave.
Rev. 02/26/08, Replaces 04/25/06
11
19.105
6.
Under special circumstances, and when advised by EHS, notify an
employee's unit of assignment of an employee’s current duty status.
Under normal circumstances, EHS notifies the employee's unit of
assignment of duty status and gives the employee a copy of the Form
96 to give to the employee's supervisor.
7.
Receive copies of Forms 25S for special leaves.
8.
Receive and process Form 91SP via ETS for personnel injured on
duty.
9.
J.
a.
Place copies of the Form 91SP in the employee's Medical
Jacket.
b.
Complete a Form 74S, Injured with Pay Recommendation, on all
approved IWP leaves.
Finalize the case in ETS.
Tracking Personnel on Extended Sick or IWP Leave, or on Extended Light
Duty
1.
The district/section/unit commander, who has an employee in an offduty sick status for seven or more consecutive days (counting off
days), or in an extended IWP or light duty status will call or email
Personnel Section on Monday between 0800 and 1200 hours and
provide the employee's name and the nature of the illness or injury.
2.
Personnel Section will provide the Police Chief with a list of
Department employees on extended sick or IWP leave, or on
extended light duty. Personnel Section will update the list weekly.
3.
Personnel Section will function as the liaison with EHS to ensure EHS
is aware of employees who are on extended sick or IWP leave, or on
extended light duty in the event further medical evaluation is in order.
Rev. 02/26/08, Replaces 04/25/06
12
19.106
19.106 POST CRITICAL INCIDENT TRAUMA
Reference:
Procedure 18.107 - Peer Support Program
Procedure 19.110 - Peer Support Crisis Intervention Team
Policy:
This procedure addresses the physical and emotional welfare of an officer
involved in an incident resulting in death or serious injury to another.
An officer whose actions result in the death or serious injury of a person will be
temporarily removed from line duty assignment pending administrative review.
This procedure is not intended to question the officer's conduct at the time of the
incident or subsequent actions arising from the incident. It addresses an
administrative concern for the well being of the officer involved.
Procedure:
A.
After Shots Fired Take Effect:
1.
Police Communications Section (PCS) will contact two on-duty Post
Shooting Peer Support Team members. If on-duty team members
are not available, PCS will contact off-duty team members via the
Post Shooting Peer Support Team list.
2.
Police Communications Section will contact the Police Psychologist,
who will consult with supervisors to determine whether he should
arrange to meet with the involved officer at that time. In the event that
the Psychologist cannot be contacted, one of his staff members will
be called.
3.
If shots do not take effect, call only one Post Shooting Peer Support
Team member.
4.
Post Shooting Peer Support Team members officially called out by
PCS will sign a Form 608 (Peer Support Program Policy) before
talking with an officer involved in the shooting incident.
a.
5.
The responding Peer Support Team member’s name will be
included in the Department’s official report of the incident.
After completing the required initial investigative process, detail the
involved officer the remainder of the day to assist in the investigation.
Rev 01/20/04, Replaces 09/98
1
19.106
6.
The involved officer will immediately be placed on administrative leave
for a period of time determined by the Police Chief. Sometime during
this administrative leave the involved officer is to respond to the Police
Psychologist. The nature of this consultation will be held in strict
confidence. It is not an evaluation.
a.
The Police Psychologist will call Police Personnel Section when
the officer responds and follow up the call with a written
communication stating the same.
b.
Officers may see an outside or private psychologist/psychiatrist
or the Public Employees Assistance Program (PEAP), but must
assume the expense of such a consultation.
1)
7.
When the police or private psychologist/ psychiatrist recommends an
officer be taken off the track, the Personnel Section Director will direct
the affected district/section/unit to complete a Form 25S (Application
for Leave of Absence).
a.
B.
Send documentation of this visit to Police Personnel
Section.
Personnel Section will handle the administrative paperwork
(Form 25S) and notify the officer's district/section/ unit as to
changes in the officer's work status.
Administrative Actions:
1.
If the incident immediately precedes the involved officer’s normal off
days, carry the officer as “detailed” for the remainder of his tour of
duty and on administrative leave for a period of time determined by
the Police Chief.
a.
Any normal off day(s) will be taken immediately following the
administrative leave.
2.
Officers placed on administrative leave will not work any type of
outside employment.
3.
Additional protective administrative actions may be taken by the
Police Chief.
Rev 01/20/04, Replaces 09/98
2
19.107
19.107 FAMILY MEDICAL LEAVE ACT (FMLA)
References:
Procedure 16.110, Personnel Accounting and Distribution
Procedure 19.105, Sick/Injured With Pay and Special Leaves
Family Medical Leave Act (FMLA)
Section 585 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Cincinnati Organized and Dedicated Employees (CODE)/City Labor Agreement
City of Cincinnati Human Resources Policies and Procedures, Section 4.3
Definitions:
Family Medical Leave Act (FMLA) Eligible Employee:
•
An employee who has worked at least 1250 hours and 52 weeks during the
past 12-month period. Only time actually worked counts toward the 1,250
hours, paid leave such as vacation or holiday does not count toward the
1,250 hours.
Serious Health Condition:
•
Inpatient care (admitted) in a hospital, hospice or medical care facility, to
include any period of incapacity following inpatient care; or
•
Incapacity Plus Treatment
o Incapacity lasting for more than three consecutive days that also
requires;
Treatment 2 or more times by a health care provider, within 30
days of the first day of incapacity; or
Treatment on at least one occasion, within 7 days of the first day
of incapacity which results in a continuing regimen of care; or
•
Any period of incapacity due to pregnancy or prenatal care. Generally six
weeks Sick with Pay-Maternity is an approved recovery time. Additional
SWP-M time will be approved if the employee’s physician decides additional
time is needed for recovery; or
•
Any period of incapacity due to a chronic serious health condition defined as
one which requires periodic visits ( two or more per year),to a qualifying
health care provider for treatment or continues over an extended period of
time for treatment (e.g., asthma, diabetes, epilepsy)
•
A period of incapacity that is permanent or long-term due to a condition for
which treatment may not be effective (Alzheimer’s, severe stroke, terminal
stages of a disease)
Rev. 05/05/09, Replaces 08/19/08
1
19.107
•
Any absence to receive multiple treatments for a condition that would likely
result in incapacity of more than 3 consecutive days if left untreated
(chemotherapy, radiation or dialysis treatment, etc.).
•
Absence for treatment of substance abuse is eligible for FMLA leave.
o Absence due to an employee’s use of alcohol or drugs is not
covered under FMLA
A medical or health related condition, including but not limited to; cosmetic
surgery, common cold, flu, earache or upset stomach is not generally considered
to be a serious health condition, unless the condition develops into the
circumstances outlined above.
Form WH-380E and Form WH-380F, Certification of Health Care Provider:
•
These forms contain statements of medical facts to support certification for
FMLA leave. It is to be completed by the treating health care provider. A
Form WH-380E is for employees and the WH-380F is for qualified family
members. A completed WH-380E or WH-380F or equivalent is required for
FMLA approved leave.
Military Service
•
Allows Up to 26 weeks of FMLA leave for members of the Armed Forces
injured in the line of duty resulting in a serious health condition.
•
Qualifying Exigency allows up to 12 weeks of FMLA leave for employees or
family members who must react to a service members call to active duty, they
include; short notice deployment, military related events or activities, child
care and school activities, financial and legal arrangements, counseling, rest
and recuperation, post-deployment activities, or any activity mutually agreed
upon between the employee and employer.
Covered Service Member:
•
A member of the Armed Forces of the United States, including a member of
the National Guard or Reserve, who is undergoing medical treatment
recuperation or therapy, is otherwise in outpatient status or is otherwise on
the temporary disability retired list for a serious illness or injury.
Serious Injury or Illness:
•
In the case of a member of the Armed Forces, including a member of the
National Guard or Reserve, means an injury or illness incurred by the
member in the line of duty on active duty in the Armed Forces that may
render the member medically unfit to perform the duties of the member’s
office, grade, rank, or rating.
Purpose:
Rev. 05/05/09, Replaces 08/19/08
2
19.107
Ensure necessary documentation of FMLA leave requests.
Establish a uniform Department procedure for requesting, recording and reporting
personnel using the provisions of FMLA.
Policy:
It is City policy to provide up to 12 weeks of family and medical leave during a 12month period to eligible employees in accordance with the provisions of FMLA.
Under qualifying circumstances, eligible employees who are the spouse, child,
parent, or next-of-kin of a covered service member may be entitled to 26 weeks of
military family leave during a 12-month period, under FMLA law.
The use of FMLA leave can result in the loss of any employment benefit , e.g., sick
time sell back, sick usage incentive, etc.
The employee’s private physician will evaluate the medical condition of an employee
and authorize the clearance for return to duty following FMLA leave. The Employee
Health Service (EHS) physician will not be contacted for non-duty related
illness/injury medical evaluations prior to the return to duty for FMLA approved
leave. A supervisor can contact the EHS physician for clarification of medical
terminology contained in the WH-380E or F.
When FMLA leave is requested by the employee or is determined to be FMLA leave
by the supervisor, the supervisor will assist the employee in completing a Form 25S,
Request for Leave of Absence. Both page one and page two of Form 25S must be
completed when FMLA leave is requested. The supervisor will advise the employee
a Form WH-380E or F or equivalent must be submitted for the time off to be
approved as FMLA leave. A Form WH-380E or F or equivalent must be submitted
by the employee whenever the FMLA leave request is the first instance of this type
of illness or injury.
An employee may be required to furnish re-certification (Form WH-380E or F) of an
illness relating to a previous FMLA leave. If this occurs, the supervisor will advise
the employee to submit another Form WH-380E or F. A supervisor cannot request
a re-certification more often than the minimum period specified in the employee’s
medical certification or every 30 days for the same illness whichever is greater, and
only in connection with an absence.
A Form WH-380E or F or equivalent may be required for pregnancy or prenatal care
related situations. An employee’s entitlement to FMLA leave for a birth expires at
the end of the 12-month period beginning on the date of the birth.
When the employee has a serious health condition that renders the employee
unable to perform the functions of his/her position or is caring for a qualifying family
member who has a serious health condition, the supervisor may require a
physician’s statement. If that occurs, a Form WH-380E or F or equivalent must be
submitted within 15 days to receive approval for FMLA leave.
A member of EHS, Human Resources Administration or leave Administrator may
contact the employee’s Health Care Provider for purposes of authentication or
clarification of the Form WH-380E or F, with the employee’s permission only. If the
employee denies permission, the FMLA leave may be denied and the employee
Rev. 05/05/09, Replaces 08/19/08
3
19.107
may be subject to corrective action.
Information:
Personnel Unit can be contacted for assistance in the determination or interpretation
of FMLA requests. Additional information is available in Human Resources Policies
and Procedures, Section 4.3.
FMLA provides eligible employees the right to take paid/unpaid leave for the
conditions listed below:
1.
Birth of an employee's child and to care for that child and/or any period of
incapacity due to pregnancy or prenatal care.
2.
Placement of a child with the employee for adoption or foster care.
3.
Care for an employee’s spouse, child, or parent with a serious health condition.
4.
A serious health condition that prevents the employee from performing the
functions of his/her position.
5.
Any qualifying exigency arising out of the fact that the spouse, child, or parent
of the employee is on active military duty status, or has been notified of an
impending call to active military duty status, in support of a contingency
operation of the United States Armed Forces.
6.
Care for a covered military service member who is the spouse, child, parent or
next-of-kin, recovering from a serious illness or injury sustained in the line of
duty on active military duty status in the United States Armed Forces.
FMLA enables an employee to take up to 12 weeks of leave (or 26 weeks of military
family leave in qualifying situations) within a 12 month period of time, starting from
the date of the first FMLA incident.
If both husband and wife work for the City and each spouse qualifies to take family
leave for conditions 1-3 above, they may take a combined (aggregate) total of 12
weeks leave (not 12 weeks each). FMLA leave taken for the birth, adoption or
placement of a child must be taken during the first 12 months after the arrival of the
child.
•
Example: Following the birth of their child, in which both spouses work for the
City, each spouse uses six weeks FMLA. They have reached their aggregate
limit of 12 weeks total. Each spouse will still have six weeks of FMLA leave
available to them for qualifying reasons other than childbirth.
There are more specific time frames listed under this section.
If both husband and wife work for the City and each spouse qualifies to take family
leave for condition 6 above, they may take a combined (aggregate) total of up to 26
weeks leave (not 26 weeks each).
Intermittent leave or reduced scheduled leave is authorized if medically necessary
for a serious health condition of the employee, their spouse, child or parent. The
leave may be taken in 12 consecutive weeks (26 weeks when applicable) or used
Rev. 05/05/09, Replaces 08/19/08
4
19.107
intermittently (take a day when needed over the year). It may, in some cases, be
used to reduce the workload or workday, resulting in a reduced hour schedule. In all
cases leave can not exceed 12 weeks (26 weeks when applicable) over a 12-month
time period. Employees may only use qualifiable leave described in their current
labor contract. Otherwise, the leave is unpaid FMLA leave.
Intermittent or reduced work week leave taken for a serious health condition should
be scheduled with a supervisor prior to taking the leave. If this is not possible, the
employee must provide a completed Form WH-380E or F or equivalent indicating
intermittent or reduced leave is necessary. The employer reserves the right to place
an employee in less than full-time status where the reduced work schedule is
expected to continue indefinitely. This may result in a reduction of benefits but at no
time will the employee lose his or her eligibility for healthcare.
Intermittent or reduced work week leave taken for the birth, adoption or placement
of a foster child must be agreed to by the employee and the employer. This shall
occur as soon as practical.
Procedure:
A.
Family Medical Leave Act (FMLA)
1.
The Department will follow the current City guidelines as outlined in
Human Resources Policies and Procedures Section 4.3, Police
Department procedures, and/or current labor agreements.
2.
Final FMLA approval occurs when the employee submits a Form WH380E or F or equivalent completed by their health care provider and it is
reviewed by Personnel Unit. A Form WH-380E or F or equivalent must
be submitted by the employee whenever the FMLA leave request is the
first instance of this type of illness or injury. Supervisors requiring
interpretation of statements or medical terminology on the Form WH380E or F should contact the City physician. The employee’s personal
information will not be released.
a.
Supervisors will notify the employee of FMLA eligibility by providing
a copy of page two of the completed Form 25S.
1)
b.
3.
For phone requests, mail a copy of the Form 25S page two to
the employee.
Personnel Unit will review all Forms 25S requesting FMLA leave.
Notify the employee’s district/section/unit when FMLA leave is
approved, does not meet FMLA guidelines, or when FMLA
entitlement has been exhausted.
Leave not taken as FMLA but assumed to qualify for FMLA during the
employee’s time off can still be counted as FMLA if:
a.
The employee advises his/her immediate supervisor while on leave
or within two days after returning to work.
1)
The employee must provide a Form WH-380E or F or
equivalent verifying that the leave was an FMLA qualified
Rev. 05/05/09, Replaces 08/19/08
5
19.107
leave. An employee must submit a completed Form WH-380E
or F or equivalent within 15 days of returning to work.
4.
B.
Unpaid FMLA leave
a.
Employees may be required to use vacation or compensatory
time in lieu of unpaid FMLA leave.
b.
Refer to the employee’s current labor contract to determine
which types of leave may be used for FMLA once their sick
leave balance has been depleted or the employee’s absence
is no longer eligible under applicable sick leave policy.
Employee Responsibilities: FMLA Requests
1.
If the need for leave is not foreseeable, then notify a supervisor from the
assigned unit within 2 business days or as soon as practicable. If the
need for leave is foreseeable, then notify supervisor at least 30 days in
advance or as soon as practicable. Submit a Form 25S detailing the
reason for the FMLA leave request. For phone requests, the supervisor
will complete the Form 25S in detail, including the top portion of page
two. Include the following information:
a.
The specific nature of the illness, injury, or in cases of military family
leave, the qualifying exigency.
1)
C.
The employee should advise the supervisor if the illness,
injury, or qualifying exigency is believed to be or is FMLA leave
eligible.
b.
How long you expect to be off duty.
c.
Notice of court appearances, off-duty details, meetings, public
appearances and training dates that may need to be rescheduled.
2.
Provide a completed Form WH-380E or F or equivalent when required.
3.
Department employees will be governed by their current labor contract
and the Human Resources Policies and Procedures.
Supervisor Responsibilities
1.
Upon receiving notice an employee is requesting FMLA:
a.
Document the information provided by the employee on a Form 25S
and designate if the requested leave is FMLA eligible. Process the
Form 25S, both page one & page two, immediately.
1)
Assist the employee as necessary in filling out the Form 25S,
including page two. Give or send a copy of the Form 25S to
the employee. This provides the employee with immediate
approval of FMLA leave.
2)
In the "Reason" section of the Form 25S explain in detail why
Rev. 05/05/09, Replaces 08/19/08
6
19.107
the employee is requesting FMLA leave.
3)
Indicate the recommendation of approval or disapproval of the
use of FMLA leave on the Form 25S.
a]
If unable to determine if the leave is FMLA eligible but it
is believed to be, approve the leave as FMLA and
provide the employee with a copy of the completed Form
25S. This gives the employee immediate approval of
FMLA leave pending the receipt of a Form WH-380E or F
or equivalent.
1]
D.
4)
Forward the Form 25S and Form WH-380E or F or equivalent
through the chain of command to the district/section/unit
commander.
5)
The supervisor will notify the employee if the time off does not
meet FMLA guidelines as determined by Personnel Unit.
Responsibilities of the District/Section Commander
1.
Upon receipt of a Form 25S for FMLA leave:
a.
Review and sign indicating approval or disapproval of the use of
FMLA leave.
1)
b.
The district/section commander will ensure the required
notification of approval or disapproval is made within the time
specifications established by FMLA.
Forward the original to Personnel Unit daily. Ensure the employee
submits a completed Form WH-380E or F or equivalent to receive
final FMLA approved leave.
1)
Maintain a copy in the employee’s Medical Jacket.
2.
Note the date of return on the unit copy when an employee returns to
duty. Send a copy to Personnel Unit.
3.
Ensure the district/section/unit timekeeper tracks all FMLA leave so no
employee is carried on FMLA leave more than 12 weeks in a 12-month
period.
a.
4.
E.
The supervisor must list specific details indicating
why the leave is FMLA eligible.
For cases in which the employee is entitled to military family leave
as a caregiver for a covered service member, ensure that FMLA
leave does not exceed 26 weeks in a 12-month period.
Ensure the appropriate Time Book Symbols are used to reflect FMLA
time taken.
Responsibilities of Personnel Unit.
Rev. 05/05/09, Replaces 08/19/08
7
19.107
1.
Receive copies of Form 25S for FMLA.
2.
Review requests for FMLA to ensure Department compliance. FMLA
time off cannot receive final approval without the required Form WH380E or F or equivalent.
a.
Personnel Unit reviews all FMLA requests as the Police Chief’s
designee.
1)
If the request does not meet FMLA guidelines, Personnel Unit
will complete and forward a Form WH-382 to the employee.
3.
File the Form WH-380E or F or equivalent with the corresponding Form
25S
4.
Maintain an updated list of employees who have taken leave under the
provisions of FMLA.
5.
Provide the Police Chief with a list of Department employees on FMLA
leave through the weekly leave report.
6.
Serve as the Department liaison with EHS.
Rev. 05/05/09, Replaces 08/19/08
8
19.109
19.109 AUTOMATED EXTERNAL DEFIBRILLATOR
References:
American Heart Association – Healthcare Provider (CPR/AED)
Ohio Revised Code Chapter 2305.235 – Immunity of Person Involved with
Providing Automated External
Defibrillation
Ohio Revised Code Chapter 3701.85 – Automated External Defibrillator –
Requirements for Use
House Bill 717 -122nd General Assembly
Federal Occupational Health – Public Access Defibrillation Guidelines
Definitions:
Automated External Defibrillator (AED) - An automated computerized medical
device programmed to analyze and interpret the heart rhythm of a person in
cardiac arrest. The device will advise through voice instructions if an electrical
shock is appropriate and will prompt the user to push the shock button to deliver
an electrical shock.
Cardiopulmonary Resuscitation (CPR) - Rescue breathing and external
cardiac compression applied to a victim in respiratory and/or sudden cardiac
arrest.
Sudden Cardiac Arrest (SCA) - A significant life-threatening event which occurs
when a person’s heart stops or fails to produce a pulse due to ventricular
fibrillation or ventricular tachycardia (unorganized electrical activity or arrhythmia
of the heart).
Public Access Defibrillation (PAD) Medical Director - A supervising physician
who provides medical direction and oversight of the Department’s PAD program.
Automated External Defibrillator (AED) Program Coordinator - A Training
Section supervisor responsible for the training, application, and oversight of the
Department’s AED program. The supervisor is responsible for notifying the PAD
medical director when an AED is used in an SCA incident.
Automated External Defibrillator (AED) Site Coordinator - A
district/section/unit sworn/non-sworn supervisor designated to ensure the
completion of forms which document the use of the AED for a SCA. The
supervisor will complete monthly maintenance checks of the AED.
Purpose:
Familiarize Department employees with guidelines for training, application,
location, maintenance and the notification process in the use of the AED.
New 08/19/08
1
19.109
Policy:
All employees of the Cincinnati Police Department who are certified as
Healthcare Providers in CPR/AEDs will provide aid to anyone who is in sudden
cardiac arrest (SCA) by following the early defibrillation response procedure.
Training Section will maintain a list of all certified employees. Only personnel
certified in the use of the AED will operate the device.
The Training Section commander will designate a Training Section supervisor to
coordinate the AED program.
The AED program coordinator is designated as the Department’s liaison
regarding all matters on the Department’s PAD program. The AED program
coordinator will insure a Form 17, Notification of Intent to Renew CPR/AED
Certification, is forwarded to non-sworn employees within 30 days of expiration
of their certification.
District/section/unit commanders will designate a sworn/non-sworn supervisor
certified in CPR/AED training as the AED site coordinator to maintain the AED(s)
within their facility.
AEDs must be tested and maintained as required by the manufacturer’s
guidelines. The periodic testing and maintenance of AEDs outlined in this
procedure complies with the manufacturer’s routine maintenance guidelines as
indicated in the owner’s manual and supplied with each AED.
Information:
Millions of Americans suffer from cardiovascular disease. One-third of cardiovascular deaths are a result of cardiac arrest, the sudden and unexpected loss of
heart function. Most often, cardiac arrest is due to chaotic beating of the heart
(ventricular fibrillation) which can be restored to a normal rhythm if treated early
with electric shock (defibrillation). For every minute that passes between the
cardiac arrest and defibrillation, the probability of survival decreases by 7 to 10
percent. After 10 minutes, the probability of survival is extremely low.
The American Heart Association (AHA) advocates establishing a Public Access
Defibrillation (PAD) program that places AEDs close to the victim to ensure the
people most likely to arrive first at a medical emergency are equipped to provide
the proper help. “Public Access”, should not be interpreted as any citizen having
the right to use an AED; the term only refers to the accessibility of the device by
persons who have been certified in the use of AEDs. The AHA recommends,
when practical, AEDs be placed in locations throughout a workplace that will
permit the use of AEDs within three to five minutes of a recognized cardiac
arrest. The AED automatically assesses the victim’s heart rhythm and if
necessary, will prompt the user to push the shock button to deliver an electrical
shock. The AED will not deliver a shock (even if the shock button is depressed
by the user) unless the heart rhythm is determined to be shockable.
All sworn employees receive mandatory training and certification in CPR and the
use of the AED every two years as approved by and in accordance with AHA
guidelines for the Healthcare Provider.
New 08/19/08
2
19.109
Non-sworn employees may volunteer to receive approved AHA training to
acquire CPR/AED certification.
AEDs are prescription devices. Plans and procedures must be approved by the
PAD medical director before authorization is given for a prescription for the
procurement of the device(s).
All Cincinnati Police Department facilities are equipped with the Phillips
HeartStart FRx defibrillator which is easily identified in its bright red carry case
and is mounted next to the AED wall sign for quick reference.
AEDs are typically placed in common areas. Personnel should familiarize
themselves with the location of the AED within their facility.
The AED comes with a battery installed, a carrying case with a quick reference
guide, a spare battery, two sets of defibrillation pads, and an Infant/Child Key
(when treating an infant or child less than 55 pounds). Attached to the AED is a
personal protection kit containing scissors, razor, gloves, hand towel and pocket
breathing mask. Excess hair on the subject’s chest should be removed with the
supplied razor; a smooth shave is not required. Place used items and potentially
hazardous materials in a biohazard bag.
Upon the use of an AED for a SCA, supervisors must ensure the proper reports
are completed to document the incident for medical review and to evaluate the
medical response. The AED Incident Report form is part of the patient care
record and is confidential to both the victim of an SCA and the Cincinnati Police
Department. To comply with the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) laws, the personal information of a victim of a SCA will not
be released.
Supervisors will complete a Form 91SP, Supervisory Investigation of Employee
Injury, for injuries to employees occurring as a result of a SCA. Contact
Personnel Section when unable to determine if a Form 91SP must be
completed.
The Employee Health Service (EHS) physician will not be contacted when an
employee is the victim of a SCA which does not result in the employee
sustaining injuries.
New 08/19/08
3
19.109
Procedure
A.
Medical Emergency Response requiring the Use of the AED
1.
Personnel on the scene who become aware of a medical emergency
will immediately contact PCS via radio or by dialing 911 and provide
the location of the emergency and necessary medical information for
responding Fire Department personnel.
a.
If a department member is the victim of a SCA or when
circumstances are warranted, consider requesting a Peer
Support Crisis Intervention Team member respond.
2.
Request a supervisor respond to the scene.
3.
Only personnel certified in the use of the AED will operate the device.
4.
The AED will be applied only to subjects who are unresponsive and
not breathing.
5.
The AED should be used only on dry surfaces.
a.
If the victim of an SCA is lying on a wet surface, remove the
victim to a dry surface. If victim is wet, dry the victim before
applying the pads.
6.
Turn on the defibrillator and follow its prompts.
7.
Insert the Infant/Child key when the victim of a SCA is less than 55
pounds.
a.
8.
The defibrillator automatically reduces the defibrillation energy
and provides specific voice and CPR coaching for the treatment
of infants/children.
Defibrillation shocks are to be delivered only in accordance with
Training Section’s early defibrillation response procedure. If the
device advises no shock, follow the approved AHA protocols for
patient care and CPR as indicated below.
a.
New 08/19/08
If subject is not breathing and there are no signs of circulation,
administer CPR until:
1)
Subject regains signs of circulation.
2)
The defibrillator prompts the user to stop CPR so it can
perform analysis.
3)
Fire Department personnel arrive and assume care of
subject.
4
19.109
B.
9.
The AED can be used on persons with an implantable pacemaker or
internal defibrillator; however, the pads should not be placed directly
over the implanted device. Place the defibrillation pads as close to
the recommended pad placement area as possible.
10.
Do not remove the pads or turn off the device unless prompted by
Fire Department personnel.
11.
Care of the subject will transfer to Fire Department personnel upon
their arrival.
12.
Place all potentially hazardous material in a biohazard bag to be
transported to a fire station or a hospital for disposal.
Reporting the Use, Maintenance, and Annual Review of the AED
1.
Upon notification of the use of an AED for a SCA, the responding
supervisor will:
a.
Ensure an AED Incident Report form is completed.
1)
Complete Part 1 and Part 2.
b.
Forward a copy of the AED Incident Report form to the AED site
coordinator.
c.
Forward the original AED Incident Report form to the AED
program coordinator.
d.
Complete Form 91SP, Supervisory Investigation of Employee
Injury, for an injury to an employee which occurs as a result a
SCA, e.g., an employee receives a head injury as a result of a
fall before, during or after a sudden cardiac arrest incident.
1)
e.
f.
New 08/19/08
An employee suffering a SCA without reported injuries
does not require the completion of Form 91SP.
Complete Form 18I, Injury to Prisoner, when a prisoner is the
victim of a SCA not the result of the use of force, while under or
just prior to police control, requiring the use of an AED.
1)
If the arrested is seriously injured or is admitted to a
hospital including for observation purposes only,
immediately notify the district/section/unit commander of
the facility where the incident occurred, the affected bureau
commander and the Night Chief/Duty Officer, if on duty.
2)
The on-duty command officer will determine whether CIS
will be notified.
Make a blotter entry describing the incident and action taken.
5
19.109
1)
2.
To comply with the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) laws, the subject’s
name and other personal information will not be released.
The AED Site Coordinator will:
a.
Upon review and approval, forward the copy of the AED Incident
Report form to the AED program coordinator.
b.
Immediately complete a post-use safety check of the AED.
1)
c.
d.
Inspect the defibrillator for damage, missing parts, and for
the presence of biohazard material.
a)
Use a soft cloth dampened in soapy water; or two (2)
tablespoons of chlorine bleach per quart of water; or
70% isopropyl (rubbing) alcohol to clean biohazard
material located on the device. Do not use solvents
or abrasive materials.
b)
Immediately report damaged, missing or used parts to
the AED program coordinator.
Ensure a new set of SMART Pads II is connected into the cable
connector.
1)
Spare pads are located in the carry case
2)
If the pads are not connected or are not seated properly,
the defibrillator will begin to chirp and the “i”-button will
flash.
Perform a battery insertion test by removing the battery for five
seconds and reinstalling it, replace the battery if indicated.
1)
A spare battery is located in the carry case.
2)
Upon completion of the self-test, the green “Ready” light
will blink indicating the battery and defibrillator are ready for
operation.
e.
Check accessories and spare supplies for damage and
expiration dates.
f.
Perform a monthly inspection of the AED(s) and complete
the
th
AED Monthly Maintenance Checklist form by the 10 of each
month.
1)
New 08/19/08
Forward a copy of the AED Monthly Maintenance Checklist
form to the AED program coordinator, list any problems or
concerns with the defibrillator.
6
19.109
3.
The AED Program Coordinator will:
a.
Forward the AED Incident Report form to the PAD medical
director.
b.
Ensure the incident data stored in the AED’s internal memory is
downloaded within twenty-four hours after a SCA incident.
1)
The downloaded data will be forwarded to the PAD medical
director.
2)
A printed copy of the data retrieved from the data card will
be maintained by the AED program coordinator.
c.
Ensure replacement of the necessary supplies for each of the
AEDs e.g., personal protection kit, battery pack, defibrillator
pads, etc.
d.
Conduct a debriefing with the defibrillator operator and other
personnel at the scene within 3 days to evaluate any
deficiencies in the response and application of the AED.
e.
Maintain a file of the AED Incident Report forms and the AED
Monthly Maintenance Checklist forms.
1)
If the victim of a SCA is a Department employee, file the
AED Incident Report in the employee’s medical jacket.
2)
If the victim of a SCA is someone other than a department
employee, a separate file must be maintained.
f.
Forward Form 17, Notification of Intent to Renew CPR/AED
Certification, to non-sworn employees within 30 days of
expiration of certification, verifying the employees intent to recertify.
g.
Annually review the PAD program with the PAD medical director
for updates on information and recommendations for
implementation based upon current scientific literature.
1)
New 08/19/08
Revisions require a new or renewed prescription and must
be authorized by the PAD medical director.
7
19.110
19.110 PEER SUPPORT CRISIS INTERVENTION TEAM
Reference:
Procedure 18.107 - Peer Support Program
Procedure 19.106 - Post Shooting Trauma
CALEA Standard 1.3.8
Definition:
Crisis - Traumatic event, whether on or off duty, that affects a department employee.
The employee may show the following signs of being traumatized after being victimized
or experiencing the event(s):
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Obvious physical signs of emotional trauma (e.g., crying, shaking, shock)
Heightened sense of danger
Sleep difficulties/nightmares
Flashbacks/intruding thoughts
Emotional numbing
New depression
Guilt/sorrow/remorse
Suicidal thoughts
Feeling loss of control - panic/anxiety attacks
Other behaviors not characteristic of the person, based upon past knowledge
Policy:
Ensure a department employee's mental and emotional well being after experiencing a
traumatic event. The employee may receive assistance from the peer support program,
assessment and counseling by the Police Psychologist, and/or administrative leave.
This procedure is not intended to question the employee's conduct at the time of the
incident or subsequent actions arising from the incident. It addresses the
administration’s concern for the employee involved.
This policy applies to situations in which an employee has faced the clear and
immediate threat of death or has been involved in an incident where death occurs. This
may include, but is not limited to, the following:
1.
A person takes control of an officer's weapon and attempts to kill or wound the
officer or someone else.
2.
An officer is fired upon or attacked to the extent that his life was in serious peril.
3.
A person dies while in the custody of an officer.
Revised 04/21/09, Replaces 10/97
1
19.110
4.
An employee is unsuccessful in preventing a person from dying (e.g., suicide,
attempting to save a child in a fire, or someone taking the life of another).
5.
Any traumatic incident where the employee could benefit from peer
support/psychological counseling.
Procedure:
A.
Selection Criteria:
1.
B.
C.
Current peer support team members will be selected for the Peer Support
Crisis Intervention Team based on:
a.
Their level of maturity and life experiences.
b.
Having already experienced a traumatic event.
c.
Their ability to relate to people empathetically (good listener).
d.
A minimum of four years of police experience or equivalency.
e.
Their willingness to volunteer their time (respond whenever called).
f.
Successful completion of specialized training.
Peer Support Crisis Intervention Team Member Role:
1.
Provide assistance to any department employee or family member in
identifying their own concerns and assist or direct them toward self help or
other referral needs.
2.
Provide follow-up support as long as needed.
Traumatic Event or Crisis:
1.
When an employee is experiencing any of the symptoms listed above:
a.
A supervisor can recommend, request, or order an employee to make
an appointment with the Police Psychologist.
b.
An employee can:
1)
Request an appointment on his own with the Police Psychologist,
or
2)
Seek out a Peer Support Crisis Intervention Team member.
Revised 04/21/09, Replaces 10/97
2
19.110
2.
When an employee is involved in a traumatic event or crisis:
a.
Police Communications Section (PCS) will contact an on-duty Peer
Support Crisis Intervention Team member. If an on-duty team member
is not available, PCS will contact an off-duty team member, via the
Peer Support Crisis Intervention Team list, to provide assistance to the
employee.
1)
Peer Support Crisis Intervention Team members officially called
out by PCS will sign a Peer Support Program Policy (Form 608)
before talking with an employee involved in a traumatic event or
crisis.
a)
b.
PCS will also contact the Police Psychologist, who will consult with
personnel familiar with the incident.
1)
3.
The responding Peer Support Crisis Intervention Team
member’s name will be included in the Department’s official
report of the incident.
The psychologist will then determine whether it is necessary to
meet with the employee at that time.
The employee will be placed on administrative leave. During this time, the
employee will meet with the Police Psychologist for debriefing, support, and
guidance. The Police Psychologist will determine if additional psychological
intervention is needed. If the Police Psychologist decides time off is
necessary, he will contact Police Personnel Section.
a.
Administrative leave, sick with pay (SWP), or injured with pay (INU or
IUF) may be granted upon approval of the Personnel Section Director.
1)
The Personnel Section Director will direct the affected
district/section/unit to complete an Application for Leave of
Absence (Form 25-S).
a)
b.
Personnel Section will handle the administrative paperwork
and notify the employee's district/section/unit as to changes
in the employee's work status.
Employees may see an outside or private psychologist/psychiatrist
while on administrative leave, but must assume the expense of such a
consultation. Employees may also contact the Public Employees
Assistance Program (PEAP).
1)
Send documentation of this visit to Personnel Section.
Revised 04/21/09, Replaces 10/97
3
19.130
19.130 LIMITED DUTY PERSONNEL
Reference:
Americans with Disabilities Act (ADA)
Procedure: 19.140, Outside Employment
Procedure: 13.110, Assignment, Rotation and Transfer of Personnel
Policy:
The Police Department recognizes its responsibility in retaining personnel, who
have performed satisfactorily, but have become temporarily or permanently
incapacitated.
The Department may, under certain circumstances, retain permanently limited
duty employees.
When an employee is injured or ill to the extent they can no longer perform the usual
work of their job classification responsibilities in the foreseeable future, the
employee's district/section commander will request a medical evaluation and
prognosis from the City Physician. If the City Physician determines the employee will
not be able to return to full duty, either the medical separation process will begin or
the employee may be placed in a permanent limited duty position.
Procedure:
A.
Temporary Limited-Duty Assignments:
1.
B.
The Personnel Section Director will assign all personnel placed on
temporary limited duty based upon the needs of the Department.
a.
District/section commanders or acting commanders will advise
the Personnel Section Director if temporary limited duty
personnel can be utilized in their current unit of assignment.
b.
Appeals of the Personnel Section Director's decision will be to
the Director’s Bureau Commander or the Police Chief.
Outside Employment While on Limited Duty:
1.
Outside Employment Extension of Police Service Details
Rev 02/10/04, Replaces 12/96
1
19.130
a.
2.
Outside Employment Not Police Related
a.
C.
While Police Department members are on limited duty status,
they are prohibited from engaging in outside employment as an
extension of police service, whether in uniform or civilian clothes.
Since limited duty officers are unable to provide a full range of
services while on duty, they could not be expected to do so if
engaged by a private employer.
This type of employment will be permitted as long as it does not
exceed the individual's capabilities and does not conflict with
his/her limited duty status. The work restrictions and/or
limitations noted on the City Physician's report will be considered
in determining an individual's capabilities. If an individual's
outside employment activity exceeds his/her restrictions and/or
limitations, the employee should be referred to EHS for reevaluation. If restrictions are lifted, he/she will be returned to full
duty. If restrictions affirmed, he/she will be on restricted duty and
be restricted from outside employment.
Medical Separations:
1.
2.
A letter from the Police Chief and countersigned by the Human
Resources Department Director will be given to the affected employee
advising him/her that due to his medical status and prognosis, he/she
will be medically separated. The letter will contain:
a.
The specific date of separation, which will usually be the Sunday
closest to 60 days from the date of the letter.
b.
A statement regarding the Civil Service appeal for reinstatement
after separation, when appropriate.
c.
A due date for a written response to the Police Chief if the
employee believes the injury/illness is covered by the Americans
with Disabilities Act (ADA), and the employee is requesting
accommodation under ADA. This due date will be 10 days from
the date of the notification letter. The employee must complete
an ADA request for accommodation form, which is attached to
the medical separation letter and include a letter from their
physician stating their specific limitations.
The Department will ensure any request for an ADA accommodation
will be immediately reviewed by the Police Department ADA review
team which is coordinated by the Personnel Section Director.
Rev 02/10/04, Replaces 12/96
2
19.130
a.
D.
Within 5 days after the decision by the review team and following
approval by the Police Chief, a written decision will be provided
to the employee.
3.
If the request for accommodation can be handled within the Police
Department, Police Personnel Section will coordinate the process
including the necessary paperwork.
4.
If a request for accommodation cannot be handled within the Police
Department, the Personnel Section Director will forward the request to
the City ADA coordinator. That coordinator will review the request and
search for possible accommodations on a city-wide basis in an
attempt to accommodate the employee.
a.
The City ADA coordinator will remain in contact with the
Personnel Section Director and the affected member.
b.
A written decision will be sent to the affected member as quickly
as possible.
c.
The employee will have 10 days to notify the Police Chief of his
intent to accept or decline the accommodation.
5.
If the employee’s request does not meet the requirements for an
accommodation under the ADA law, he/she will be notified in writing
within 5 days after the decision by the review team and following
approval by the Police Chief.
6.
Appeal of either the Police Department or the City ADA Coordinators’
written decision can be made to the Human Resources Department
Director with 10 days of receiving the decision.
7.
If the employee is not successful in the appeal process, the medical
separation date will be reinstituted.
Permanent Limited Duty Sworn Employees
1.
Any sworn employee who is placed in a permanent limited duty ADA
accommodation status will be relieved of his/her Department issued
firearm and powers of arrest. By doing so, the employee will have no
authority or responsibility to take police action which could further
aggravate his/her injury.
a.
All police equipment will be surrendered immediately upon
notification of permanent limited duty status.
Rev 02/10/04, Replaces 12/96
3
19.130
b.
ID card will be reissued with stamp of permanent limited duty
status.
Rev 02/10/04, Replaces 12/96
4
19.131
19.131 EMPLOYEE PREGNANCIES
References:
Procedure 19.130 - Limited Duty Personnel
Procedure:
A.
Guidelines on Employee Pregnancies:
1.
2.
When an employee advises her supervisor she is pregnant, yet
requests to remain in a regular duty status:
a.
Her supervisor will advise her of the risks involved in her current
duty assignment.
b.
She will submit a Form 17 advising of her condition, recognizing
the risks involved in remaining in her present assignment, and
acknowledging that, at the present time, she declines
reassignment to a limited duty status.
c.
The Personnel Section Commander will make the final decision.
Pregnant employees will remain on unrestricted duty until:
a.
The employee requests to be placed in a limited duty status.
1)
b.
The employee and her private physician determine she should
be placed in limited duty status.
1)
c.
Immediately place the employee on limited duty status.
She has three working days to present a physician's
certificate to Employee Health Service (EHS) verifying her
condition.
Immediately place the employee on limited duty status.
She has three working days to present a physician's
certificate to EHS verifying her condition.
The employee's ability to perform her required duties is impaired
as determined by:
1)
The employee's immediate supervisor.
2)
The employee's inability to wear proper uniform attire.
Larger uniform parts will be supplied from stock upon
request.
3)
In such cases, the employee will have appeal rights
through the chain of command to her bureau commander.
a)
7/92
The employee may be required to respond to EHS for
evaluation.
1
19.131
b)
3.
An employee will be returned to full duty status upon presenting a
certificate of clearance to EHS from the attending physician.
a.
Certification presented to EHS from the employee's private
physician will be sufficient for both verification of pregnancy and
clearance to return to regular duty.
1)
4.
7/92
The Personnel Section Commander will confer with
the EHS physician before final determination.
After presenting this certificate, EHS will perform no
exams.
b.
If any question exists, EHS may consult the attending physician.
c.
The Police Chief or designate will decide any unresolved issues.
Every effort will be made to return the employee to her previous
assignment upon return to full duty status.
2
19.135
19.135 ANNUAL VACATION POLICY
Reference:
Procedure 12.817 – Court Management System (CMS)
City of Cincinnati Administrative Regulations
Human Resource Policies and Procedures
Current Fraternal Order of Police (FOP) Labor Agreement
Current American Federation of State, County, and Municipal Employees
(AFSCME) Labor Agreement
Purpose:
Ensure compliance with Human Resource Policies and Procedures and current
City/FOP and City/AFSCME labor agreements.
Provide a timely and fair way of selecting and taking vacations.
Enable bureau commanders to project staffing levels.
Procedure:
A.
Annual Vacation
1.
District/section/unit commanders will manage vacation selections of
personnel to ensure an adequate staffing level.
2.
Each sworn employee and permanent non-sworn Division 1 employee
receives annual vacation leave according to the current labor
agreement.
3.
Each permanent non-sworn Division 0 employee receives annual
vacation leave according to Human Resource Policies and
Procedures.
4.
An employee does not have to take an annual vacation. An employee
may accumulate vacation time according to the maximum
accumulation schedule.
a.
Each employee is responsible to ensure accrued vacation does
not exceed the maximum accumulation stated in the current
labor agreement or Human Resource Policies and Procedures.
Rev. 02/26/08, Replaces 02/08/05
1
19.135
B.
Vacation Selection
1.
Bureau, district, section, and unit commanders will appoint acting
commanders during their vacation absence.
2.
The vacation year consists of 26 two week blocks beginning with the
first Sunday of the pay period on or after January 1st of each year.
a.
Employees may pick one week or one consecutive two week
vacation in each round of selection. The number of rounds will
be determined by the amount of vacation time an employee has
accrued in one year.
b.
A vacation week begins on Sunday and ends the following
Saturday.
3.
Units must have the vacation schedule completed and posted by the
first Monday in March.
4.
Employees transferred after vacation selection will not have to change
previously approved vacation time.
5.
Police officers and specialists selecting together will pick vacations by
seniority within established work groups (shift, unit, office, etc.).
a.
Selections within the work group are by seniority determined by
date of appointment as a police recruit.
1)
6.
Vacation selection in the sworn ranks above police specialist is by
seniority within the work group determined by date of appointment to
the current rank.
a.
7.
If two or more officers were appointed recruits on the same
day, vacation selection seniority is determined by the
employee's numerical grade on the overall entrance level
eligibility list.
If two or more employees in the same work group were
promoted on the same day to the same rank from the same
overall promotional eligibility list, vacation seniority is determined
by final overall numerical promotional examination ranking.
Non-sworn employees will select vacations within the work group by
classification and then seniority determined by the employee's
appointment date to that classification.
Rev. 02/26/08, Replaces 02/08/05
2
19.135
8.
C.
a.
Exception: When two employees with separate but equal
(according to pay scale) classifications operate in the same work
group, their vacation selection will be combined. Seniority in
either classification will be the determining factor.
b.
If two or more employees in the same work group were
promoted on the same day from the same or equal (according to
pay scale) overall promotional eligibility list, vacation selection
seniority is determined by their final overall numerical
promotional examination ranking.
Employees restored from military service, layoff, retirement, or a
retiree hired for a different job with no break in service keep their
original seniority date.
Vacation Time
1.
Supervisors may grant non-preselected vacation time in any time
increments provided enough personnel are on duty to meet service
demands.
2.
Supervisors must enter preselected vacation into the CMS. Prior to
approval of non-preselected vacation, supervisors must review the
CMS for scheduled court.
3.
Employees will document use of vacation time by submitting a Form
25S, Request for Leave of Absence, to the unit commander.
4.
When a non-sworn employee requests vacation time supervisors are
required by the AFSCME contract to respond to the non-sworn
employee’s request within a specified amount of time.
a.
Non-sworn personnel requesting vacation time off must
personally hand their Form 25S to their supervisor.
b.
The supervisor will record the date and time the request was
received and sign in the “Supervisory Action” section of the Form
25S.
1)
The supervisor will provide the employee with a copy of the
Form 25S as a receipt.
2)
The supervisor has five days (120 hours) to respond to the
non-sworn employee’s request for time off.
Rev. 02/26/08, Replaces 02/08/05
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19.135
3)
The non-sworn employee will follow up with the supervisor
prior to the five day deadline with the date and time of the
follow up noted on the Form 25S.
a)
4)
D.
The supervisor must notify the employee the time is
approved or denied prior to the expiration of the fifth
day (120 hours).
If the non-sworn employee has followed up with the
supervisor but does not have an answer by the deadline,
the request will be deemed to have been approved.
Special Provisions
1.
An employee hospitalized while on vacation will have his status
changed from "Vacation" to "Sick with Pay" for the actual days
hospitalized.
2.
A sworn employee on injured-with-pay (IWP) status will earn vacation
time at the normal rate.
3.
A sworn employee on vacation and called in for emergency duty may
choose:
a.
Pay at time and one half instead of regular vacation, or
b.
Regular pay plus another day of vacation.
4.
A non-sworn employee on injured-with-pay (IWP) status does not
earn vacation time at the normal rate.
5.
A Division 1 non-sworn employee on vacation and called in for
emergency duty may choose:
6.
a.
Pay at double time plus regular pay for the vacation, or
b.
Pay at double time and take the vacation later.
Most Division 0, 5 and 8 employees are not eligible for overtime
compensation. Police Personnel Section has a list of those
classifications eligible for overtime compensation.
Rev. 02/26/08, Replaces 02/08/05
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19.140
19.140 OUTSIDE EMPLOYMENT
Reference:
FOP/City Labor Agreement
Manual of Rules and Regulations - 1.05, 1.08, 1.12
Personnel Policies and Procedures 2.3
Procedure 19.105 - Sick/Injured With Pay and Special Leaves
Procedure 19.107 - Family Medical Leave Act
Procedure 19.130 - Limited Duty Personnel
City of Cincinnati Special Events Policies and Procedures
Fair Labor Standards Act
Definitions:
Outside Employment: Any employment, whether or not in exchange for a fee or
other service. Outside employment does not include military duty or volunteer
charity work unless the volunteer charity work is an extension of police services.
Outside Employment Extension of Police Service Details: The off-duty use
of enforcement powers and training as provided to Department members by the
City. In the case of extension of police service employment, the employer hires
not the individual, but the uniform, badge, gun, and authority of the officer. This
activity must remain closely regulated. All rules, regulations, policies,
procedures, and directives applicable to officers in an on-duty status also apply
to officers engaged in extension of police service outside employment.
Outside Employment Not Police-Related: Any employment not requiring the
use of law enforcement powers, training, or equipment by an off-duty officer.
District Detail Coordinator: A member of the Department, assigned by the
district commander in each of the five districts, who will be responsible for
processing all open/blanket permit outside employment extension of police
service details within that district.
Private Detail Coordinator: A member of the Department who is responsible for
closed private employer outside employment extension of police service details.
This coordinator will be the highest-ranking officer in charge of the outside
employment extension of police service detail.
Policy:
The Department prohibits employment that presents a potential conflict of
interest, or reflects an abuse of official position that could give rise to illegal or
unethical practices.
Rev. 10/14/08, Replaces 05/09/06
1
19.140
The FLSA (Fair Labor Standards Act) forbids officers to volunteer extension of
police services. If an officer desires to perform police-related services for a
charitable or religious institution, a work permit must still be obtained and
payment for services provided must be tendered, based on the hourly amount
currently in effect. If the officer wishes to donate the proceeds earned back to
the charitable or religious organization it is solely the decision of the affected
officer. Officers desiring to follow this course of action must consider the tax
consequences involved.
Personnel are expected to perform all lawful and reasonable duties and tasks
related to their detail assignment. Any disputed duties or tasks must be brought
to the attention of a supervisor as soon as practical for resolution. Substantiated
complaints of unsatisfactory performance may result in disciplinary action and/or
detail suspension as deemed necessary by the Police Chief.
Prohibitions include, but are not limited to, the following:
1.
Department members are not permitted to sign up for, or otherwise indicate
they are available to work, any more than one outside employment detail
scheduled for a specific date and time. Department members are not
permitted to sign up for, or otherwise indicate they are available to work,
outside employment details if the working hours of the details overlap.
2.
Sworn personnel, whether on duty or working a detail, may not handle
currency or deposit bags. Sworn personnel are limited to escorting a
responsible business employee.
3.
Employment or interest in any vending machine company or service. This
does not prohibit sworn or non-sworn personnel from purchasing, renting,
or leasing vending machines from vending machine companies.
4.
Employment of sworn or non-sworn personnel by a business to investigate
or collect accounts, including repossession of automobiles and collection of
debts.
5.
Pre-employment investigations by sworn or non-sworn personnel for private
industry. For this procedure, pre-employment polygraph examinations are
not considered pre-employment investigations.
6.
Any type of work by sworn or non-sworn personnel related to bail bonding.
7.
Work by sworn personnel as a chauffeur for a limousine for hire company.
8.
Any employment of sworn or non-sworn personnel which assists, in any
manner, the case preparation for the defense in any criminal action or
proceeding.
Rev. 10/14/08, Replaces 05/09/06
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19.140
9.
Any type of work by sworn personnel for, interest in, or ownership of a
liquor permit premise where alcoholic beverages are sold by the glass. In
the interest of public safety, the Police Chief may approve blanket permits
for liquor permit premises on a case by case basis.
10.
Plainclothes shoplifting details by sworn personnel. Exceptions may be
made by the Police Chief for extenuating circumstances on a case by case
basis.
11.
Personnel in covert, undercover assignments may work uniformed, policerelated outside employment details with prior authorization from the
requesting officer’s bureau commander. All officers working these detail
assignments will comply with Department uniform and grooming standards.
Procedure:
A.
Outside Employment Approval
1.
All employees must obtain the Police Chief's written approval before
engaging in outside employment. The employee requesting
permission to work outside employment must verify via Detail
Coordination Unit (DCU) that their request has been approved prior to
working the outside employment.
a.
Employees will complete a Form 668, Outside Employment
Work Permit, for all outside employment requests and submit
them through their district/section/unit commander.
1)
Forms 668 must include the employer's state workers’
compensation number.
a)
2.
The only exception is outside employment, not policerelated, where the Department employee is a sole
proprietor or partner. Sole proprietors and partners
without employees have the option of carrying
workers’ compensation insurance.
A Form 668A, Acknowledgment by the Secondary Employer, must be
completed or renewed:
a.
Annually, on or about January 1, for permanent secondary
employers.
b.
Once per calendar year for temporary secondary employers.
Rev. 10/14/08, Replaces 05/09/06
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19.140
3.
After review and approval, the district/section/unit commander will
forward the Form 668, and Form 668A when necessary, through the
bureau commander to DCU.
a.
If a detail is in a district other than the unit of assignment, the
requesting officer will obtain his unit commander's approval and
then the affected district commander's approval before obtaining
his bureau commander’s approval.
b.
If police-related services are to be rendered in another police
jurisdiction, the requesting officer must obtain a letter of approval
from the "chief law enforcement official" of that agency. Submit
the letter to the Police Chief with the work permit. The Police
Chief will consider each request on a case by case basis.
c.
A unit/shift OIC (officer in charge) may approve requests for
police-related outside employment of an urgent nature pending
the immediate processing of the necessary forms.
4.
DCU will review all outside employment forms for completeness and
compliance with procedure. After review, DCU will forward the forms
to the Police Chief.
5.
Once approved, DCU will file the original Forms 668 and 668A in the
master work permit file.
a.
DCU will make additional copies and route them, if necessary.
b.
Officers must submit any changes to the Form 668 by
completing a new Form 668 and sending it to DCU.
1)
6.
B.
DCU will forward the new Form 668 to the Police Chief for
approval.
Employees or detail coordinators may cancel an outside employment
work permit by submitting a Form 17 through channels to DCU.
Blanket Permits
1.
Blanket permit details require the completion of Forms 668 and 668A.
These forms will cover all assigned personnel who work the detail.
a.
The district/section/unit responsible for administering blanket
detail permits will complete Forms 668, 668A, and 668B, Detail
Assignment Roster.
Rev. 10/14/08, Replaces 05/09/06
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19.140
b.
2.
C.
A monthly negative report listing all inactive permits is required for
each reporting period, or permits will be canceled.
Position Vacancy Overtime (PVO)
1.
D.
DCU will complete Forms 668, 668A, and 668B for the blanket
detail permits under their control.
Districts/sections/units will provide DCU with a copy of the report
listing all PVO worked during a calendar month. Submit the report to
DCU by the 5th of the following month.
Detail Coordinators
1.
Each police-related outside employer detail must have a detail
coordinator. If only one officer works the detail, that officer is the
detail coordinator.
a.
District Detail Coordinator Job Responsibilities: Each district
detail coordinator will follow the district SOP for their position.
Processing will include, but is not limited to, receiving, posting,
selecting, scheduling, assigning officers, and entering each
outside employment extension of police service detail into the
DCU database prior to the detail being worked by the assigned
officer. The district detail coordinator will complete an accurate,
typed Form 668B for all blanket permit details, whether worked
or not, and submit to DCU by the 5th of the following month.
b.
Private Detail Coordinator Job Responsibilities: The private
detail coordinator’s responsibility will consist of scheduling and
assigning officers to work the outside employment extension of
police service detail. The private detail coordinator will provide
DCU with a monthly schedule of the dates, times, location and
the names of the officers assigned to the outside employment
detail by the first of the month. The private detail coordinator will
complete an accurate, typed Form 668B, in chronological order,
listing the names of personnel who actually worked the detail
and indicate the number of hours paid. This also includes the
detail coordinator’s hours. Submit the 668B to DCU by the 5th of
the following month.
c.
The highest ranking officer working the detail must be the
coordinator.
Rev. 10/14/08, Replaces 05/09/06
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19.140
1)
d.
E.
Officers scheduled to work details are responsible for notifying
the detail coordinator of changes to the scheduled detail hours.
Detail coordinators will ensure the accurate recording of hours
on the monthly Form 668B that is submitted to DCU.
2.
Employees working outside employment extension of police service
details are under the supervision of the on-duty district OIC.
3.
Employees will immediately notify the detail supervisor, if one is
working, or the on-duty supervisor of the district of occurrence or
closest district, and report on a Form 17 any incidents arising from
their outside employment which might adversely affect the
Department or its personnel.
Probationary Officers
1.
The district commander may grant a probationary officer permission to
work an outside employment extension of police service detail once
the probationary officer receives approval to operate as a single patrol
unit.
a.
F.
No detail coordinator may assign an employee of a higher
rank to work a detail. Specialists and police officers will be
considered equal in rank for purposes of this requirement.
The probationary officer may only work details requiring two or
more officers. One of the officers must be a non-probationary
officer.
Assignment and Scheduling of Outside Employment Extension of Police
Service Details
1.
DCU is responsible for assigning personnel for all overtime details
paid on the City check, except PVO. Detail coordinators are
responsible for assigning and scheduling all other details.
2.
For scheduling purposes, each district/section/unit, needing no more
than 20 personnel on an overtime basis, will notify DCU of the number
needed at least two weeks in advance. Any detail requiring more than
20 personnel will notify DCU of the number needed at least one
month in advance.
a.
The district/section/unit OIC may choose, with the affected
bureau commander’s approval, specific personnel due to the
nature of the detail (e.g., knowledge of a specific geographical
area).
Rev. 10/14/08, Replaces 05/09/06
6
19.140
3.
Department personnel who want to work overtime details will submit a
completed Form 668C, Overtime Availability Form, to DCU.
a.
Submit a new Form 668C any time the information on a
previously completed Form 668C changes.
4.
DCU will assign details to personnel according to the total hours
previously worked. If officers work an equal number of hours,
seniority will be the deciding factor.
5.
The Form 17DC, Change in Detail Assignment, must be filled out
each time a change in detail occurs. It is the responsibility of the
officer who was assigned the detail and is requesting a change to
complete the Form 17DC. The receiving detail officer will sign the
form accepting responsibility for the detail.
6.
7.
a.
The Form 17DC will be used only for legitimate reasons, which
include illness/injury, emergency or scheduling conflict.
Emergency and scheduling conflicts will need an explanation. A
supervisor will sign and date the form after reviewing it for
legitimacy.
b.
Immediately fax the Form 17DC to DCU and submit to the detail
coordinator. The Form 17DC will be filed at DCU by the date of
the detail.
Personnel who are unable to work a scheduled detail due to
illness/injury, emergency, or other legitimate reason will find a
replacement officer. If a replacement officer cannot be found the
assigned officer will:
a.
Notify an on-duty supervisor, an on-duty detail coordinator in the
affected district, or a representative of DCU, if during regular
business hours. The supervisor, detail coordinator, or DCU
representative will select a replacement and document, via Form
17DC, listing the detail name, date, time, person originally
assigned, and the person who worked the detail.
b.
Immediately fax the Form 17DC to DCU prior to the detail being
worked.
Officers are not permitted to change a detail in order to work another
detail.
Rev. 10/14/08, Replaces 05/09/06
7
19.140
8.
Upon completion of a City time and a half detail, personnel will have
an authorized representative of the company employing the detail sign
a completed Form 68P, Overtime and Court Appearance Report.
a.
Officers are to immediately fax a copy of Form 68P to the DCU
office and route the original through the chain of command to
their respective timekeepers.
1)
G.
DCU will complete a Form 435, Paid Overtime Report,
listing all the hours worked by the officer.
Compensation
1.
The Police Chief will set the minimum outside employment hourly pay
rate.
a.
Pay rates apply except as provided by ordinance, statute, or
agreement entered into by the City.
b.
Department employees may not work an outside employment
extension of police service detail for less than the scheduled
rank pay.
1)
c.
Except with the Police Chief's permission, new detail
requests reserved for supervisors will require payment at
the supervisory rate.
A higher pay rate must be approved via the permit process and
submitted through the chain of command for review and
approval.
2.
A district commander may determine the number of officers,
equipment, and supplies necessary to perform police-related outside
employment details.
3.
An agency must hire and pay a supervisor when more than three
specialists or officers simultaneously work a detail at one location.
a.
Supervisors do not have to be compensated at the supervisor's
rate if filling a position intended for a specialist/police officer.
1)
b.
Supervisors will be compensated at the supervisory rate if
filling a position intended for a supervisor.
Supervisors may not work at the specialist/police officer rate of
pay when specialists/police officers are assigned to the detail.
Rev. 10/14/08, Replaces 05/09/06
8
19.140
c.
In instances where details involve multiple supervisors working
in lieu of specialists/police officers, only the ranking supervisor
needs to be compensated at the supervisory rate, following the
manpower standards listed above, except as indicated in
Section G.1.b.1).
d.
Supervisors may continue to work those private single officer
details which are currently paid at the specialist/police officer
rate if supervision of subordinate personnel does not become a
factor.
1)
e.
4.
5.
New requests of this nature will be considered on a case
by case basis.
Blanket, single officer details that are paid at the specialist/police
officer rate may be filled by supervisors as a last resort, provided
no specialist/police officer is available to work and when the
detail would otherwise go unfilled (24 hours or less).
Officers working outside employment extension of police service
details will receive a minimum of two hours pay for outside
employment of less than two hours duration.
a.
Employers who cancel during the detail will pay for a minimum of
two hours or for the time actually worked, whichever is greater.
b.
An employer who cancels a detail must notify the detail officer at
least two hours before the start of the detail. If the employer
fails to provide the officer two hours notice, the detail officer will
receive a minimum of two hours pay, paid by the employer.
c.
If the detail is a City time and a half detail, the officer must be off
duty for the full time of the actual payment.
Court time compensation resulting from outside employment
extension of police service details is the responsibility of the outside
employer.
a.
If an officer takes enforcement action due to his status as a
police officer, and in circumstances which do not directly benefit
the outside employer, the officer, with permission of a
supervisor, may be compensated by the City.
Rev. 10/14/08, Replaces 05/09/06
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19.140
1)
Examples:
a)
An officer is working a detail and takes enforcement
action off the premises of the outside employer in an
incident not related to the employer.
b)
An officer is working an outdoor detail and assists
with or disregards an on-duty unit on a radio run
where enforcement action is taken and that action is
unrelated to the outside employer (e.g., Highway
Maintenance, church festival, etc.).
c)
Anytime a police officer takes enforcement action
completely unrelated to the detail.
b.
The supervisor approving the City paid compensation will note
on the arrest slip or citation the action was not related to the
detail.
c.
The officer will present a copy of the arrest slip or citation and
the supervisor's notation to Court Control Unit personnel when
checking in for court.
d.
The Court Control Unit supervisor will document perceived
inconsistencies on the Court Control Unit supervisor's daily
report.
6.
No sworn employee will receive lump sum payments for disbursement
to officers working outside employment extension of police service
details. The outside employer must pay each detail officer directly or
through the City payroll.
7.
Secondary employers are required to document cash payments to
officers working outside employment extension of police service
details. An officer receiving a cash payment must sign for the cash
payment.
8.
Payment for outside employment from more than one employer for
the same date and time, regardless of circumstances, is prohibited.
9.
It is City policy to recover Department expenses incurred for providing
services to other City departments.
Rev. 10/14/08, Replaces 05/09/06
10
19.140
10.
For City agency or City sponsored/co-sponsored events (Octoberfest,
Taste of Cincinnati, etc.), or work done by an outside employer for the
City, County, or State (expressway repair) the following guidelines
apply:
a.
Officers will complete a Form 68P. The pay rate is time and
one-half on the regular City payroll.
b.
Finance Management Section will bill the affected City agency
unless specifically exempt by the City Manager or City Council.
The billing will include:
c.
11.
1)
Time and a half the officer's salary
2)
Fringe benefits
a)
Retirement
b)
Accrued liability
c)
Workers’ compensation
d)
Unemployment compensation
Complete a Form 55, Letter of Understanding, or Form 56,
Police Escort Letter of Understanding, and forward it to the
Finance Management Section for billing. Copies of the
memorandum are available at DCU.
Outside agencies
a.
Complete a Form 55 whenever an outside employer performs
work for the City where contracts or permits require a police
detail. The overtime rate will apply.
1)
If an outside employer performs work for the City and
wishes to hire a police detail at his own option, he may pay
the officer directly, at the current outside employment rate.
a)
If an outside employer hires a police detail at his own
option and wishes to pay for services rendered
through the City payroll, the overtime rate will apply.
Complete a Form 55 or Form 56.
Rev. 10/14/08, Replaces 05/09/06
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19.140
12.
H.
2)
Complete a Form 56 whenever an employer requests an
on-duty police escort of minimal duration, normally one to
two hours. Use on-duty personnel only for these escorts.
Direct requests for this type of escort to DCU.
3)
If the outside employer’s work is not performed for the City
(e.g., convenience store security, church festivals, etc.), the
outside employer will pay the outside employment hourly
rate directly to the officer(s).
Police vehicles used on outside employment extension of police
service details require vehicle compensation paid to the City at the
current hourly rate.
a.
Complete a Form 55 covering vehicle compensation and forward
the completed paperwork to the Finance Management Section
for billing.
b.
Any waiver of fees requires the Police Chief's or bureau
commander’s written approval.
Work Hours
1.
Employees will ensure there is at least a 15-minute separation
between their tour of duty and outside employment, and between
successive outside employment details if the starting location for the
next detail is different from the ending location of the previous detail.
a.
2.
The 15-minute separation period is not necessary if the outside
employment detail starts in the same location the on-duty work
stopped.
The Police Department may review the on-duty work performance of
any officer who works greater than 64 combined hours of work for the
City and work in outside employment extension of police service
details within a regular work week (Sunday through Saturday). The
purpose of this review is to determine whether the officer's outside
employment has had an adverse effect on the officer's performance of
his official police duties. Working combined hours greater than 16
hours in any 24-hour period is prohibited.
Rev. 10/14/08, Replaces 05/09/06
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19.140
a.
3.
I.
Exception to the 16-hour rule: An officer works a scheduled
detail and due to an extraordinary circumstance beyond the
officer’s control (e.g., rain delay at a baseball game) the detail is
extended. The officer is required to obtain verbal permission
from a supervisor to continue working the detail.
Employees may not engage in any type of outside employment while
working in an on-duty assignment.
Exterior or Parking Lot Details at Liquor Permit Premises
1.
2.
District commanders may submit a blanket permit for an exterior or
parking lot detail at a liquor permit premise where the primary
business is the sale of liquor for consumption on the premises.
a.
Each detail is open to all sworn personnel, except probationary
officers.
b.
The Department prohibits private work permits for parking lot
details at a liquor permit premise.
DCU schedules all exterior or parking lot details.
a.
DCU will forward sign-up sheets to the districts on the fourth
Tuesday of the month for the second coming month.
Example: On March 23, DCU will send out sign-up sheets for May.
The sign-up sheets will be due by the second Tuesday of
the following month.
b.
The final detail roster of selected personnel will be posted in
districts by Friday of the second week. A posting date and due
date will be noted on each sign-up sheet. Once the sign-up
sheets are recalled from the districts, DCU will not accept late
sign up requests over the phone. DCU will not release the
names of selected personnel until the lists are posted in the
districts. Once the final picks have been posted in the districts,
any officer interested in filling a vacant detail slot must contact
DCU to sign up for the detail.
c.
Personnel assigned to the district where the bar is located will
receive first preference for parking lot details at liquor permit
premises. DCU will select officers from other
districts/sections/units for any remaining dates.
Rev. 10/14/08, Replaces 05/09/06
13
19.140
3.
J.
Personnel who sign up for exterior or parking lot details at liquor
permit premises must include their name, badge number, and
unit of assignment. If any of the information is missing, the
officer may not be selected for the detail.
e.
It is a violation of Department policy to sign up for more than one
detail at the same time. Officers who violate this policy will not
be selected by DCU to work either detail. This is in addition to
any other necessary corrective action.
District commanders may cancel or deny an exterior or parking lot
detail at a liquor permit premise when they:
a.
Recommend a liquor license not be renewed.
b.
Determine a potential conflict of interest could arise between
officers working the blanket permit detail and officers enforcing
liquor violations.
4.
Officers are not permitted to enter the liquor permit premise except for
emergency situations. Officers will not check identification or act as
bouncers.
5.
Officers will enforce all laws, preserve public order, and provide
necessary police service in and around their area of assignment.
Strikes
1.
K.
d.
Employees holding outside employment work permits with a company
affected by a strike will suspend employment with that company
during the strike.
a.
The detail coordinator must report this action on a Form 17 to
the Police Chief.
b.
Upon termination of the strike, the affected detail coordinator will
request, via Form 17, reinstatement of the permit by the Police
Chief.
Detail Notification
1.
The officer working an outside employment extension of police service
detail is responsible to ensure the detail is:
Rev. 10/14/08, Replaces 05/09/06
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19.140
a.
Properly entered in the Computer Aided Dispatch (CAD) system.
This information includes the officer’s name, badge number,
radio number, date, detail name, address of the detail, hours of
the detail, number of officers assigned and whether uniform or
non-uniform.
b.
Logged off the CAD system at the end of the detail.
1)
L.
Details will not be entered or secured from the CAD system
by radio.
2.
Police Communications Section (PCS) is not responsible for the
accuracy of detail entries or for logging off such entries.
3.
The officer working the detail may go in person to the CAD terminal or
contact the district desk officer to enter or log off the detail. Detail
information will not be relayed by radio.
4.
The Mobile Data Computer (MDC) may be utilized to enter detail
information and to log the detail off CAD.
5.
Shift supervisors will review, via MDC or CAD terminal, details worked
during their tour of duty. They are responsible for ensuring details are
properly secured in a timely manner.
6.
PCS will broadcast information when details will have city-wide impact
(road closures, etc.).
Prisoners
1.
Officers who make an original arrest while working a police-related
detail will:
a.
Accompany the prisoner to the appropriate facility for
processing.
1)
b.
2.
A district supervisor may make exceptions if a detail officer
cannot leave a post.
Call for an on-duty officer for transportation back to the detail site
upon completion of processing.
If the arrest process and necessary Departmental reports (i.e., use of
force, chemical irritant, etc.) are not completed by the scheduled
ending time of the detail, the officer(s) involved will:
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19.140
a.
Be compensated by the Department at the time and a half rate
from the scheduled ending time of the detail until the reports are
completed.
1)
M.
Outside Employment While on Light Duty, Injured With Pay Status, or OffDuty Sick Status
1.
Officers may not work a police-related detail while on light duty, in an
off-duty injured with pay status, in any off-duty sick status, or off-duty
due to any Family Medical Leave Act (FMLA) approved time.
2.
Officers may engage in outside employment, not police-related, while
on light duty or in an off-duty injured with pay status, if the work does
not exceed the officer's light duty or injured with pay limitations.
3.
Employees will not work any other employment while on sick with pay
status with the City.
4.
Officers must physically report for work after being off duty while
injured, sick, or taking FMLA approved time before working a policerelated detail.
a.
N.
Be compensated at the normal pay rate for completion of
the reports for any period of time that extends into the
officer’s regular duty hours.
Officers who call their workplace and report themselves on track
are not eligible to work an outside employment extension of
police service detail prior to reporting for their next scheduled
tour of duty.
Mounted and Canine Squads
1.
Outside employment requests for the Mounted Squad will be directed
to the Special Events Unit. Special Events Unit personnel will
coordinate these details with the affected district commander.
2.
Outside employment requests for the Canine Squad will be directed to
the Special Services Section. Special Services Section personnel will
coordinate these details with the affected district commander.
3.
The hourly rate for use of the animal is $25.00 per hour, with a four
hour minimum. Detail time will include sufficient time to prepare,
transport, and secure the animal after the detail.
Rev. 10/14/08, Replaces 05/09/06
16
19.140
a.
O.
The hourly rate for the officer will be in addition to the cost of the
animal and equipment, and will correspond with the current
compensation schedule.
4.
Police vehicles used for transporting the animals are billed at the
current rate.
5.
Any waiver of fees will require the Police Chief's or bureau
commander’s written approval.
6.
Department guidelines for canine and mounted use apply to all
outside employment details.
Detail Inspections
1.
The DCU Commander will conduct random inspections of outside
employment extension of police service details and will report the
results of those inspections to the bureau commander.
2.
Field supervisors inspecting details can access a continuous seven
day listing of scheduled details throughout the City via the “Outside
Employment” link on the Department computer desktop.
3.
All on-duty shift supervisors, as part of their regular duties, will inspect
a minimum of one outside employment detail per shift. Document any
violation of Department rules, regulations, or procedures, including
Procedure 19.140 on a Form 669, Report of Inspection. The
inspection will include attention to the following:
a.
Officer’s appearance and fitness for duty.
b.
Whether the officer(s) is attending to required duties.
c.
Whether the officer(s) who signed up for the outside employment
extension of police service detail is working the detail.
d.
Whether the officer is logged on with Police Communications
Section.
4.
The supervisor will forward the Form 669 to Inspections Section
through the chain of command.
5.
District supervisors are responsible for inspection of DCU details and
details scheduled and coordinated by district/section/unit coordinators.
6.
If there are no details worked during a supervisor’s shift, no Form 669
is required.
Rev. 10/14/08, Replaces 05/09/06
17
19.140
P.
Corrective/Disciplinary Action and Suspension from Details
1.
2.
3.
Q.
Personnel are subject to progressive corrective/disciplinary action
and/or suspension from all outside employment extension of police
service details for the following:
a.
Violation of any provision of this procedure.
b.
Failure to report for an assigned outside employment detail.
c.
Tardiness.
d.
Lack of proper equipment.
e.
Unacceptable appearance, performance, or conduct.
DCU will be the central repository for all employee records relating to
corrective/disciplinary action and suspension from outside
employment extension of police service details.
a.
Supervisors will report all instances of absenteeism, tardiness
and/or any violations of Procedure 19.140 to DCU via a Form
17DP.
b.
DCU will forward all disciplinary recommendations through the
bureau commander to the Police Chief for approval.
PVO and department overtime will not be affected by outside
employment extension of police service detail suspensions. Officers
may work PVO and department overtime while on a detail
suspension.
Detail Audit
1.
Upon notification of a detail violation (100 hours rule, conflicting times,
etc.) a supervisor will complete a Form 17DA, Report of Detail Audit.
2.
The Form 17DA will be routed to Inspections Section through the
chain of command.
3.
Inspections Section will conduct an audit of the Forms 17DA on
January 15th and July 15th of each year.
Rev. 10/14/08, Replaces 05/09/06
18
19.145
19.145 EMPLOYEE PERSONNEL JACKETS
References:
Procedure 18.120 – Release of Information and Public Records
Manual of Rules and Regulations – 9.26(B)
Purpose:
To maintain accurate records of the performance of each Department employee
to be utilized as a resource for career development and management of
personnel.
Policy:
Personnel jackets, medical jackets, and personnel information sheets will be
created and maintained for all sworn and civilian Police Department employees.
Procedure:
A.
Personnel Jackets
1.
Personnel Section will create all Personnel Jackets.
a.
2.
B.
Personnel Jackets will be stored and maintained at the
Personnel Section.
The Personnel Jacket will contain the following:
a.
Personal history including previous employment and formal
education of the employee.
b.
Current photo of employee
c.
Promotional information
d.
Current and previous assignments
e.
Auto accident information
f.
Commendations
g.
Performance ratings
h.
Disciplinary actions
Personnel Information Sheet
1.
Training Section will create the Personnel Information Sheets for
Police Recruits.
2.
Personnel Section will create the Personnel Information Sheets for
civilian employees.
Rev. 6/17/03, Replaces 9/00
1
19.145
3.
4.
Personnel Information Sheets will include the following:
a.
Name
b.
Rank
c.
SSN
d.
DOB
e.
Badge #
f.
Employee ID number
g.
Continuous Service Record
District/Section/Unit Responsibilities:
a.
District/section/unit commanders will keep the Personnel
Information Sheet in a binder in a secure location.
b.
Districts/sections/units will complete the following sections on
the Personnel Information Sheet:
1)
Firearm #
2)
Handcuff(s) #
3)
PR-24 #
4)
CDOP Helmet #
5)
Performance Ratings
a)
6)
Auto Accident Record
a)
7)
The year and score will be completed only when
notified by Personnel Section staff because an
employee may have several separate ratings that
require an average to calculate a final score.
Complete when the original reports of the incident are
concluded.
Commendations
a)
When a district/section/unit receives a commendation
for an employee, use the date of the commendation
to fill in the year. Document cumulative
commendations for that year with slashes (\). For
example, \\\ would mean three commendations
received in 2003.
Rev. 6/17/03, Replaces 9/00
2
19.145
8)
Disciplinary Action
a)
Enter the year disciplinary action is given to an
employee. Disciplinary actions are described in Rule
9.26(B) of the Manual of Rules and Regulations and
Disciplinary Process.
b)
Circle “Y” for Yes. Regardless of the number of
disciplinary actions on file in any given year, the only
indication will be a circled “Y.” This means there is
some form of disciplinary action on file in the original
Personnel Jacket located at Personnel Section.
1]
9)
Miscellaneous
a)
5.
Use this section to indicate:
1]
SWAT member
2]
Sign language skills
3]
An employee has been granted an exemption to
grooming standards.
4]
Other information considered valuable for quick
retrieval about the employee.
c.
Do not indicate an officer qualified during the year at the
Firearms Training Unit, or attended various training programs.
This information is on file at the Training Section.
d.
Do not keep other papers in the Personnel Information Sheet
binder.
Transfer of Personnel
a.
Upon transfer of an employee, the district/section/unit
commander will forward the Personnel Information Sheet and
the duplicate Medical Jacket to the Personnel Section.
1)
C.
Purge disciplinary files only when directed by the
Personnel Section, in accordance with the terms
of the current labor agreements.
Personnel Section will examine all jackets for accuracy and
forward the Personnel Information Sheet and the duplicate
Medical Jacket to the employee’s next district/section/ unit
commander.
Medical Jackets
1.
Personnel Section will create and maintain all original Medical
Jackets.
Rev. 6/17/03, Replaces 9/00
3
19.145
2.
All districts/sections/units will receive a duplicate Medical Jacket from
Personnel Section and maintain the duplicate Medical Jacket for each
employee.
3.
Medical Jackets are considered confidential and are subject to
viewing only under the following circumstances when:
4.
D.
a.
Supervisors may be told about necessary restrictions or
accommodations on the work or duties of the employee.
b.
First aid and safety personnel may be told, when appropriate, if
the disability might require emergency treatment.
c.
Needed for the management of sick leave benefits.
d.
Government officials investigating compliance with the
Americans With Disabilities Act (ADA) must be given relevant
information on request.
e.
The employee who is the subject of the jacket requests to view
it.
Refer anyone requesting information from the Medical Jacket for any
other reason to Personnel Section.
Recording Change in Residence, Telephone Number, or Marital Status
1.
The bureau/district/section/unit will record any of the above changes
on a Change in Personal Information report (Form 31P).
2.
Employee and supervisor signatures are required on all Forms 31P.
3.
The employee's unit of assignment will make the necessary changes
in its own records.
4.
Route the completed Form 31P to the Personnel Section, via the
chain of command, for data entry and filing.
Rev. 6/17/03, Replaces 9/00
4
19.145
19.145 EMPLOYEE PERSONNEL JACKETS
References:
Procedure 18.120 – Release of Information and Public Records
Manual of Rules and Regulations – 9.26(B)
Purpose:
To maintain accurate records of the performance of each Department employee
to be utilized as a resource for career development and management of
personnel.
Policy:
Personnel jackets, medical jackets, and personnel information sheets will be
created and maintained for all sworn and civilian Police Department employees.
Procedure:
A.
Personnel Jackets
1.
Personnel Section will create all Personnel Jackets.
a.
2.
B.
Personnel Jackets will be stored and maintained at the
Personnel Section.
The Personnel Jacket will contain the following:
a.
Personal history including previous employment and formal
education of the employee.
b.
Current photo of employee
c.
Promotional information
d.
Current and previous assignments
e.
Auto accident information
f.
Commendations
g.
Performance ratings
h.
Disciplinary actions
Personnel Information Sheet
1.
Training Section will create the Personnel Information Sheets for
Police Recruits.
2.
Personnel Section will create the Personnel Information Sheets for
civilian employees.
Rev. 6/17/03, Replaces 9/00
1
19.145
3.
4.
Personnel Information Sheets will include the following:
a.
Name
b.
Rank
c.
SSN
d.
DOB
e.
Badge #
f.
Employee ID number
g.
Continuous Service Record
District/Section/Unit Responsibilities:
a.
District/section/unit commanders will keep the Personnel
Information Sheet in a binder in a secure location.
b.
Districts/sections/units will complete the following sections on
the Personnel Information Sheet:
1)
Firearm #
2)
Handcuff(s) #
3)
PR-24 #
4)
CDOP Helmet #
5)
Performance Ratings
a)
6)
Auto Accident Record
a)
7)
The year and score will be completed only when
notified by Personnel Section staff because an
employee may have several separate ratings that
require an average to calculate a final score.
Complete when the original reports of the incident are
concluded.
Commendations
a)
When a district/section/unit receives a commendation
for an employee, use the date of the commendation
to fill in the year. Document cumulative
commendations for that year with slashes (\). For
example, \\\ would mean three commendations
received in 2003.
Rev. 6/17/03, Replaces 9/00
2
19.145
8)
Disciplinary Action
a)
Enter the year disciplinary action is given to an
employee. Disciplinary actions are described in Rule
9.26(B) of the Manual of Rules and Regulations and
Disciplinary Process.
b)
Circle “Y” for Yes. Regardless of the number of
disciplinary actions on file in any given year, the only
indication will be a circled “Y.” This means there is
some form of disciplinary action on file in the original
Personnel Jacket located at Personnel Section.
1]
9)
Miscellaneous
a)
5.
Use this section to indicate:
1]
SWAT member
2]
Sign language skills
3]
An employee has been granted an exemption to
grooming standards.
4]
Other information considered valuable for quick
retrieval about the employee.
c.
Do not indicate an officer qualified during the year at the
Firearms Training Unit, or attended various training programs.
This information is on file at the Training Section.
d.
Do not keep other papers in the Personnel Information Sheet
binder.
Transfer of Personnel
a.
Upon transfer of an employee, the district/section/unit
commander will forward the Personnel Information Sheet and
the duplicate Medical Jacket to the Personnel Section.
1)
C.
Purge disciplinary files only when directed by the
Personnel Section, in accordance with the terms
of the current labor agreements.
Personnel Section will examine all jackets for accuracy and
forward the Personnel Information Sheet and the duplicate
Medical Jacket to the employee’s next district/section/ unit
commander.
Medical Jackets
1.
Personnel Section will create and maintain all original Medical
Jackets.
Rev. 6/17/03, Replaces 9/00
3
19.145
2.
All districts/sections/units will receive a duplicate Medical Jacket from
Personnel Section and maintain the duplicate Medical Jacket for each
employee.
3.
Medical Jackets are considered confidential and are subject to
viewing only under the following circumstances when:
4.
D.
a.
Supervisors may be told about necessary restrictions or
accommodations on the work or duties of the employee.
b.
First aid and safety personnel may be told, when appropriate, if
the disability might require emergency treatment.
c.
Needed for the management of sick leave benefits.
d.
Government officials investigating compliance with the
Americans With Disabilities Act (ADA) must be given relevant
information on request.
e.
The employee who is the subject of the jacket requests to view
it.
Refer anyone requesting information from the Medical Jacket for any
other reason to Personnel Section.
Recording Change in Residence, Telephone Number, or Marital Status
1.
The bureau/district/section/unit will record any of the above changes
on a Change in Personal Information report (Form 31P).
2.
Employee and supervisor signatures are required on all Forms 31P.
3.
The employee's unit of assignment will make the necessary changes
in its own records.
4.
Route the completed Form 31P to the Personnel Section, via the
chain of command, for data entry and filing.
Rev. 6/17/03, Replaces 9/00
4
19.150
19.150 SEPARATION FROM DEPARTMENT SERVICE:
RESIGNATION/RETIREMENT
Reference:
Collective Bargaining Agreement Between the City of Cincinnati and FOP Queen
City Lodge 69
Purpose:
Establish resignation and retirement guidelines for Department personnel to
follow.
Establish a process for the Police Department to retrieve Department property
from separating personnel.
Allow the Police Department to obtain information concerning the reason an
employee terminates employment.
Establish a procedure for retiring personnel to buy their issued handgun.
Policy:
A sworn employee selecting Retirement Option 1, as defined in the current labor
agreement, relinquishes all police authority and the position held by the officer
will be declared vacant.
Procedure:
A.
Voluntary Resignation
1.
All employees contemplating voluntary resignation will:
a.
Contact the Employee Relations Unit to coordinate the exiting
process.
1)
2)
Employee Relations Unit will:
a)
Explain benefits to sworn employees.
b)
Refer non-sworn employees to City Retirement.
c)
Provide employees with a Form 17, Resignation
Form.
After employees complete and sign the Form 17,
Resignation Form, Employee Relations Unit will
immediately fax a copy to the Police Chief's Office.
a)
Route original Form 17, Resignation Form, through
channels.
Revised 05/01/07, Replaces 09/16/02
1
19.150
2.
Sworn employees are requested to notify their district/section/unit
commander at least two weeks before their effective day of
resignation.
a.
3.
The Form 17, Resignation Form, must state the last day the
member will work. Resignation will be effective the first day after
the employee’s last day on the City payroll.
Employee Relations Unit will contact the police psychologist to
schedule a voluntary exit interview for all employees.
a.
The exit interview will become part of the confidential file
maintained by the police psychologist.
1)
b.
4.
B.
The results of the exit interviews are compiled by the police
psychologist and periodically forwarded to the Police Chief.
Off-duty personnel will be compensated according to the
provision of the current labor agreements.
A sworn employee desiring return of pension fund contributions must
complete an Application for Refund of Accumulated Contributions
form available from the Ohio Police and Fire Pension Fund.
Retirement
1.
Sworn employees anticipating retirement will:
a.
Contact the Employee Relations Unit to coordinate the
retirement process.
b.
Sworn employees are requested to notify their
district/section/unit commander via Form 17, Retirement Form,
at least two weeks before their effective day of retirement. The
form must state the last day the member will work. Retirement
will be effective the first day after the employee’s last day on the
City payroll.
1)
c.
2.
The district/section/unit commander will sign and forward
the Form 17, Retirement Form, to the affected bureau
commander. The bureau commander will sign and forward
the form to the Police Chief who will forward it to Personnel
Section.
Complete and sign all forms requested by the Employee
Relations Unit.
Employee Relations Unit will explain pension benefits, hospital
insurance, etc.
Revised 05/01/07, Replaces 09/16/02
2
19.150
3.
C.
District/Section/Unit Responsibilities
1.
D.
A lump-sum payment will be made for accumulated sick time,
compensatory time, vacation time, shift differential, and prorated
longevity pay in accordance with the current labor agreement.
District/section/unit commanders will ensure all time records
(computer printouts of Holiday, Compensatory Time, and Fair Labor
Standards Act balances, shift differential forms, and Forms 25s and
68P) and the employee's Personnel Information Sheet are handdelivered to Employee Relations Unit by the end of the next business
day following the separation.
a.
The district/section/unit commander will verify the balances, shift
differential total, and clothing allowance.
b.
The timekeeper will conduct an audit of overtime for time earned
during the employee’s last 36 months of employment and
forward it to the Employee Relations Unit.
Return of Department Owned Equipment
1.
The separating employee's district/section/unit commander is
responsible for the return of Department owned equipment.
a.
An employee separated from service for any reason will:
1)
Obtain Form 624, Police Department Uniforms and
Equipment, from Employee Relations Unit or Supply Unit.
2)
Return all equipment listed on Form 624 to the Supply Unit.
Return radios, pagers, etc., to Police Communications
Section.
a)
2.
The district/section/unit of assignment is responsible
for collecting MUTT, CPI, and NTA books.
Supply Unit will check all records and returned equipment against the
Form 624 and verify all Department property was returned.
a.
If the Form 624 is incomplete or there is a discrepancy, Supply
Unit will send a copy of the Form 624 to the separated
employee's district/section/unit commander for resolution.
1)
If Department property is not returned, the employee being
separated must either replace the missing item or pay the
current cash value for replacement of the item.
a)
b.
Failure to follow this directive will result in the holding
of future paychecks until the Department is
compensated.
Supply Unit will retain the original Form 624 and forward a copy
to Finance Management Section.
Revised 05/01/07, Replaces 09/16/02
3
19.150
E.
Sale of Service Handgun to Retired Personnel
1.
Upon retirement, sworn members shall be afforded the opportunity to
purchase the issued handgun.
2.
In accordance with the current FOP labor contract, the FOP will pay a
$1.00 fee for the handgun.
3.
Retiring personnel wishing to buy their handgun will bring the issued
handgun to Employee Relations Unit at least two weeks before
retirement.
a.
Employee Relations Unit will check the handgun for the correct
serial number and complete a Form 17. After the retiring
employee signs the Form 17, Employee Relations Unit will
forward the Form 17 to the Police Chief for his signature.
1)
b.
F.
The original Form 17 will be forwarded to the Supply Unit
and a copy will be placed in the retiring employee's
personnel jacket.
Handguns will not be released without written approval from the
Police Chief.
Recognition of Service Upon Retirement
1.
After retirement, Personnel Section will provide retirees with a
certificate indicating their honorable retirement and a copy of their
personnel jacket. Retirees will also receive a badge for each rank
held throughout their career. Supply Unit will notify retirees when the
badge(s) are ready to be picked up.
Revised 05/01/07, Replaces 09/16/02
4
