61667962.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Duty to Intervene CALEA 1.2.10 PRIOR REVISIONS PROPONENT UNIT 06/26/2020, Professional Standards Branch ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 1.8 06/26/2020 10/14/2024 4 I. PURPOSE: It is the purpose of this policy to explain the legal and moral obligation of Gainesville Police Department (GPD) members known as the Duty to Intervene. II. POLICY: Legal and Moral Obligation: This duty is embodied in the GPD’s statement of values and mission, in the law enforcement officer’s code of ethics, and in the law. GPD members shall have a clear understanding of GPD’s expectations pertaining to conduct and activities while on and off-duty. Protection: GPD is committed to protecting its members who act on their duty to Intervene to prevent or minimize misconduct by another GPD member. III. DEFINITIONS: Intervene: To come between, whether verbally or physically, so as to prevent or alter a result or course of events. IV. PROCEDURES: A. DUTY TO INTERVENE 1. All members must recognize and act upon the duty to Intervene to prevent or stop any member from conducting any act that is unethical, or that violates law or policy (e.g., excessive force, theft, fraud, inappropriate language, sexual misconduct, harassment, falsifying documents, inappropriate behavior, etc.). Intervention may be verbal and/or physical. Failure to Intervene may subject a member to disciplinary action. 2. All officers should act to prevent or stop any member, regardless of rank or assignment, from using unlawful or excessive force. Scope: All Department Members\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 3. All GPD members benefit when potential misconduct is not perpetrated or when a potential mistake is avoided. Preventing misconduct preserves the job security and integrity of all GPD members; ultimately protecting the public as well as GPD members from affecting their careers and integrity as a result of misconduct or, in some instances, as a result of a failure to intervene to prevent misconduct by others. 4. Members are prohibited from retaliation against any individual because he/she has prevented, intervened, or reported the unlawful or excessive use of force. Any member who engages in retaliation against an individual who has prevented, intervened or reported the unlawful or excessive use of force may be subject to discipline. Any member who feels he/she has been subjected to such retaliation should report this action through the appropriate chain of command, to the division commander, who will then forward the information to the Chief Inspector or directly to the Chief of Police. Any member who is inhibited from reporting relation through his/her chain of command should report the retaliation directly to the Chief Inspector of the Chief of Police. Refer to GO 26.3 Harassment. B. REQUIRED ACTION 1. Member i. If aid is required by any individual, ensure that medical attention has been rendered. Refer to GO 71.1Transportation of Prisoner/Detainee. ii. Take a preventive approach, whenever possible, if observing behavior that suggests that another member is about to conduct unethical or inappropriate behavior. a. Examine the circumstances surrounding the incident to determine the appropriate form of Intervention. b. Intervene verbally or physically, depending on the circumstances. EXAMPLE: While providing backup for a vehicle stop after a minor traffic violation, you notice the primary officer raising his/her voice and becoming increasingly agitated with the driver, despite the driver’s cooperative demeanor. In order to prevent an escalation, you could call the officer’s attention to break his/her agitation, walk up next to the officer and ask a follow up question of the driver to slow down the interaction and give the primary officer a chance to collect him/herself, or ask the officer to come speak to you away from the car in order to diffuse the situation. iii. Take an active approach to Intervene to stop any unethical behavior or misconduct, when such conduct is being committed by another member. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT If verbal interventions are not sufficient to stop the act, come between the offending member and the other individual involved. EXAMPLE: You observe an officer strike an individual without any reason. If appropriate, you could tell the officer to “cool it” or that you’ll take over the matter and have them step aside. If necessary, step in between the officer and the individual or hold the officer back in order to stop him/her from inflicting more unnecessary force. iv. Immediately notify a supervisor after conducting any type of use of force related intervention, when safe to do so. Any non-use of force intervention shall be reported to a supervisor as soon as appropriate and no longer than prior to the end of shift. v. Officers should immediately report any incidents of unlawful or excessive force to their supervisor. Members inhibited from reporting violations through the appropriate chain of command are required to submit the information directly to the Chief of Police or Police Inspector 2. Supervisor i. Once learning of an incident involving a member intervening with another member, separate all members involved in the incident. ii. Conduct a preliminary investigation to gather any pertinent information that would coincide with the reason for the intervention (e.g., witnesses, BWC footage, videos, area canvass, etc.). iii. Ensure all parties involved in the incident complete a report (supplement), detailing the circumstances that led to the intervention and what, if anything, occurred once the member intervened. iv. Determine whether the actions leading to the intervention constitute misconduct, unethical behavior, or potential criminal conduct. If necessary, consult with Internal Affairs to determine if any immediate action is required based upon the situation. Complete a “Duty to Intervene” entry in Blue Team. Complete an Administrative Investigation Referral Form, if required. v. If appropriate, submit a request for Chief’s Letter of Commendation for the member who intervened for recognition for his/her actions. 3. Internal Affairs Division i. Review reports of member Interventions received by the supervisors. ii. Ensure preliminary investigation and findings have been documented fully. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT iii. Make a recommendation that the incident be closed, or referred to one of the following for follow-up investigation, training, and/or discipline, as appropriate: a. Internal Affairs Division (IAD); b. Training and Education Division; c. Equal Opportunity Office for non-sworn Department members. iv. When appropriate, issue a recognition of the positive actions of the member who intervened to their chain-of-command. Ensure line supervisor submits a request for Chief’s Letter of Commendation for the member who intervened for recognition for his/her actions. 4. Police Chief Inspector i. Ensure all BlueTeam entries resulting from a member invoking his/her duty to intervene are reviewed by the Internal Affairs Division. ii. Ensure all such cases are classified and investigated thoroughly and properly, according to GPD’s investigation procedures. iii. Approve/disapprove the resulting findings of each investigation deriving from a member intervening to stop misconduct. ________________________ By Order of Signed Original on File in the Accreditation Unit ________________________ Nelson Moya Chief of Police 4