Policy Text
Policy
104Fremont Police Department
Policy Manual
104.1 PURPOSE AND SCOPE
The manual of the Fremont Police Department is hereby established and shall be referred to as
the Policy Manual or the manual. The manual is a statement of the current policies, rules and
guidelines of this department. All members are to conform to the provisions of this manual.
All prior and existing manuals, orders and regulations that are in conflict with this manual are
rescinded, except to the extent that portions of existing manuals, procedures, orders and other
regulations that have not been included herein shall remain in effect, provided that they do not
conflict with the provisions of this manual.
104.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered
as guidelines. It is recognized that the work of law enforcement is not always predictable and
circumstances may arise which warrant departure from these guidelines. It is the intent of this
manual to be viewed from an objective standard, taking into consideration the sound discretion
entrusted to members of this department under the circumstances reasonably available at the
time of any incident.
104.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract
nor any employment rights or entitlements. The policies contained within this manual are for the
internal use of the Fremont Police Department and shall not be construed to create a higher
standard or duty of care for civil or criminal liability against the City, its officials or members.
Violations of any provision of any policy contained within this manual shall only form the basis for
department administrative action, training or discipline. The Fremont Police Department reserves
the right to revise any policy content, in whole or in part.
104.3 AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of the
provisions of this manual and shall ensure compliance with all applicable federal, state and local
laws. The Chief of Police or the authorized designee is authorized to issue Interim Directives,
which shall modify those provisions of the manual to which they pertain. Interim Directives shall
remain in effect until such time as they may be permanently incorporated into the manual.
104.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual,
unless it is apparent from the content that they have a different meaning:
Adult - Any person 18 years of age or older.
CCR - California Code of Regulations (Example: 15 CCR 1151).
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CHP- The California Highway Patrol.
CFR - Code of Federal Regulations.
City - The City of Fremont.
Civilian - Employees and volunteers who are not sworn peace officers.
Department/FPD - The Fremont Police Department.
DMV - The Department of Motor Vehicles.
Employee - Any person employed by the Department.
Juvenile- Any person under the age of 18 years.
Manual - The Fremont Police Department Policy Manual.
May - Indicates a permissive, discretionary or conditional action.
Member - Any person employed or appointed by the Fremont Police Department, including:
•Full- and part-time employees
•Sworn peace officers
•Reserve, auxiliary officers
•Civilian employees
•Volunteers.
Officer - Those employees, regardless of rank, who are sworn peace officers of the Fremont
Police Department.
On-duty - A member’s status during the period when he/she is actually engaged in the
performance of his/her assigned duties.
Order - A written or verbal instruction issued by a superior.
POST - The California Commission on Peace Officer Standards and Training.
Rank - The title of the classification held by an officer.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to
conform.
Supervisor - A person in a position of authority that may include responsibility for hiring,
transfer, suspension, promotion, discharge, assignment, reward or discipline of other department
members, directing the work of other members or having the authority to adjust grievances. The
supervisory exercise of authority may not be merely routine or clerical in nature but requires the
use of independent judgment.
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The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker)
given responsibility for the direction of the work of others without regard to a formal job title, rank
or compensation.
When there is only one department member on-duty, that person may also be the supervisor,
except when circumstances reasonably require the notification or involvement of the member’s
off-duty supervisor or an on-call supervisor.
USC - United States Code.
104.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all members on the department
network for viewing and printing. No changes shall be made to the manual without authorization
from the Chief of Police or the authorized designee.
Each member shall acknowledge that he/she has been provided access to, and has had the
opportunity to review the Policy Manual and Interim Directives. Members shall seek clarification
as needed from an appropriate supervisor for any provisions that they do not fully understand.
104.6 PERIODIC REVIEW OF THE POLICY MANUAL
The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as
necessary.
104.7 REVISION