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40.1 WIRELESS VOICE/DATA COMMUNICATIONS Page 1 of 4 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 40.1 WIRELESS VOICE/DATA COMMUNICATIONS Effective Date: November 30, 2011 The purpose of this policy is to establish agency rules regarding the use of wireless voice/data communications devices which are either agency or personally owned. This policy shall consist of the following numbered sections: I. Scope II. Definitions III. General I. Scope A. Safety of agency personnel is of priority concern. Prohibitions to certain activities dealing with w ireless voice/data communication devices have been placed into this policy as a result of established best practices gathered from law enforcement agencies around the country. B. It is agency policy to permit the use of wireless voice/data communica tion devices. While it is understood that the authority to carry a personal cellular telephone or other wireless voice/data communications device on -duty or during work related functions is a convenience, anyone choosing to carry one of these devices shall comply with the stipulations set forth in this policy. Violations of this policy may result in the loss of this convenience and/or disciplinary action. C. If an emergency or exigent circumstance exists (i.e. inability to contact the Communications Center via the agency issued radio), personnel are asked to utilize a safe and common sense approach to these instances while utilizing wireless voice/data communication devices. D. Wireless voice/data communications is one of the most rapidly changing technologies today. As such, policy development and acceptable procedures are constantly being adjusted in an attempt to keep up with these changes. Personnel are cautioned that while this policy may not directly address all i ssues related to the use of these technologies; sound and legal use of these devices must be paramount. E. The use of either agency or personally owned wireless devices to record images or audio comes with certain requirements in order to safegua rd both the agency member and the agency from wrongful claims. It is important to consider that the use of personal equipment, while acting in an official capacity as a law 40.1 WIRELESS VOICE/DATA COMMUNICATIONS Page 2 of 4 enforcement officer, may subject that equipment to both subpoena and/or public record review. This not only includes the recording device but may also include any personal computer or audio visual equipment used to access, store or review the recorded material. Wireless communications of any kind that address offi cial public business, even if communicated over a personal device, are subject to public record law and record retention provisions. II. Definitions A. Text Messaging/Texting For the purpose of this policy, the term “text messaging” or “texting” is defined as reading from or entering data into any handheld or other electronic device, including for the purpose of Short Message Service (SMS) texting, e -mailing, instant messaging, obtaining visually assisted navigational information, or enga ging in any other form of electronic data communication. B. Use For the purpose of this policy, the term “use” means talking on or listening to a wireless telephone, or engaging the wireless device for text messaging, e -mail or other similar forms of manual data entry or transmission. The term “use” also includes taking photographs, accessing the internet, reading messages or data files, a nd any other utilization of the device. C. Wireless Voice/Data Communications Device Any device capable of transmitting and/or receiving voice or data communications without plugging into a wired land based phone network. For the purpose of thi s policy such equipment may include, but not be limited to the following: 1. Pagers 2. PDA’s (Personal Data Assistants) 3. Cellular Telephones 4. Real Time Navigational Systems 5. Smartphones and devices for voice and/or data (i.e. Blackberry . IPhone) 6. MDC’s (Mobile Data Computers III. General A. Officers shall make every effort to ensure that their attention is not diverted from the safe operation of their vehicle when talking on the cell phone while driving agency vehicles B. Agency personnel may carry a cellular telephone or other wireless voice/data communications device purchased at their own expense or issued by the agency 1. Cellular telephones or other wireless voice/data communications devices and/or accessories shall not be permanently affixed to an agency vehicle unless approved by the Chief of Police 2. Antenna/s may be attached to the window glass with adhesive or by magnetic mount 40.1 WIRELESS VOICE/DATA COMMUNICATIONS Page 3 of 4 3. Personnel wishing to attach personally owned hands -free accessor ies to an agency vehicle may do so only with prior approval of the Chief of Police 4. The use of any personally owned electronic devices (i.e. cell phones, cameras, body recorders, etc.) to record any information (i.e. still photos, video recordings, audible recordings, etc.) while on duty is specifically prohibited unless prior approval has been obtained from the Chief of Police C. Cellular and other wireless devices shall be silenced during meetings, official proceedings, trai ning sessions and where requested by signage or verbal instruction D. The use of wireless voice/data communications devices, either agency or personally owned, for data communication (i.e. sending or reading text messages or e -mails) whil e dri ving an agency vehicle is prohibited. E. The use of wireless voice/data communications devices, either agency or personally