Policy Text
Policy
806Fremont Police Department
Records Unit
806.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Fremont Police
Department Records Unit. The policy addresses department file access and internal requests for
case reports.
806.2 POLICY
It is the policy of the Fremont Police Department to maintain department records securely,
professionally, and efficiently.
806.3 RESPONSIBILITIES
806.3.1 RECORDS ADMINISTRATOR
The Chief of Police shall appoint and delegate certain responsibilities to a Records Administrator.
The Records Administrator shall be directly responsible to the Administrative Services Division
Commander or the authorized designee.
The responsibilities of the Records Administrator include but are not limited to:
(a)Overseeing the efficient and effective operation of the Records Unit.
(b)Scheduling and maintaining Records Unit time records.
(c)Supervising, training, and evaluating Records Unit staff.
(d)Maintaining and updating a Records Unit procedure manual.
(e)Ensuring compliance with established policies and procedures.
(f)Supervising the access, use, and release of protected information (see the Protected
Information Policy).
(g)Establishing security and access protocols for case reports designated as sensitive,
where additional restrictions to access have been implemented. Sensitive reports may
include but are not limited to:
1.Homicides.
2.Cases involving department members or public officials.
3.Any case where restricted access is prudent.
806.3.2 RECORDS UNIT
The responsibilities of the Records Unit include but are not limited to:
(a)Maintaining a records management system for case reports.
1.The records management system should include a process for numbering,
identifying, tracking, and retrieving case reports.
(b)Entering case report information into the records management system.
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1.Modification of case reports shall only be made when authorized by a supervisor.
(c)Providing members of the Department with access to case reports when needed for
investigation or court proceedings.
(d)Maintaining compliance with federal, state, and local regulations regarding reporting
requirements of crime statistics. This includes reporting statistical data to the California
Department of Justice (DOJ) for:
1.All officer-involved shootings and incidents involving use of force resulting in
serious bodily injury (Government Code § 12525.2).
2.Suspected hate crimes (Penal Code § 13023).
3.Complaints of racial bias against officers (Penal Code § 13012; Penal Code §
13020).
4.Civilian complaints made against officers (Penal Code § 832.5; Penal Code §
13012).
5.Stop data required by Government Code § 12525.5 and 11 CCR 999.226.
(a)The reported information must not contain personally identifiable
information of the person stopped or other information exempt from
disclosure pursuant to Government Code § 12525.5 (11 CCR 999.228).
6.Anti-reproductive rights crime information required by Penal Code § 13777.
7.Domestic violence-related call information required by Penal Code § 13730 (see
the Domestic Violence policy).
(e)Maintaining compliance with federal, state, and local regulations regarding criminal
history reports and auditing.
(f)Identifying missing case reports and notifying the responsible member's supervisor.
(g)Establishing a process for collecting and submitting data to appropriate federal data
collection authorities (e.g., FBI National Use-of-Force Data Collection), as applicable,
for the following types of occurrences:
1.Officer suicides
2.Officer misconduct
3.Uses of force
4.Officer deaths or assaults
5.Crime incidents
6.Deaths in custody
(h)Updating the Automated Firearms System to reflect any firearms relinquished to the
Department and the subsequent disposition to the California DOJ pursuant to Penal
Code § 34010 (Penal Code § 29810).
(i)Entering into the Automated Firearms System information about each firearm that
has been reported stolen, lost, found, recovered, held for safekeeping, surrendered
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in relation to a private party firearms transaction or registration, relinquished or
surrendered pursuant to a court order or a state law that requires relinquishment or
surrender of firearms to law enforcement, or under observation, within seven calendar
days of the precipitating event (Penal Code § 11108.2).
(j)Entering into the California DOJ automated property system descriptions of serialized
property, or non-serialized property that has been uniquely inscribed, which has been
reported stolen, lost, found, recovered, held for safekeeping, or under observation
(Penal Code § 11108).
(k)Maintaining compliance with quarterly California DOJ reporting requirements
regarding the department's efforts to verify an individual listed in the Armed and
Prohibited Persons System (APPS) is no longer in possession of a firearm (Penal
Code § 29813).
(l)Maintaining compliance with the state and California DOJ reporting requirements
regarding the number of transfers of individuals to immigration authorities and offenses
that allowed for the transfers (Government Code § 7284.6(c)(2)).
(m)Transmitting data to the Joint Regional Information Exchange System on any
suspected multi-mission extremist crimes.
806.3.3 RECORDS UNIT PROCEDURE MANUAL
The Records Administrator should establish procedures that address:
(a)Identifying by name persons in reports.
(b)