Policy Text
Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentEquipment - 464Chapter 7 - Equipment
Policy
700Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentDepartment Owned and Personal Property -
465Department Owned and Personal Property
700.1 PURPOSE AND SCOPE
Department employees are expected to properly care for department property assigned or
entrusted to them. Employees may also suffer occasional loss or damage to personal or
department property while performing their assigned duty. Certain procedures are required
depending on the loss and ownership of the item.
700.2 CARE OF DEPARTMENTAL PROPERTY
Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and
replacement of department property assigned or entrusted to them. An employee's intentional or
negligent abuse or misuse of department property may lead to discipline including, but not limited
to the cost of repair or replacement.
(a)Employees shall promptly report through their chain of command, any loss, damage to,
or unserviceable condition of any department issued property or equipment assigned
for their use.
(b)The use of damaged or unserviceable department property should be discontinued
as soon as practical and replaced with comparable Department property as soon as
available and following notice to a supervisor.
(c)Except when otherwise directed by competent authority or required by exigent
circumstances, department property shall only be used by those to whom it was
assigned. Use should be limited to official purposes and in the capacity for which it
was designed.
(d)Department property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without proper authority.
(e)In the event that any Department property becomes damaged or unserviceable, no
employee shall attempt to repair the property without prior approval of a supervisor.
700.3 FILING CLAIMS FOR PERSONAL PROPERTY
Claims for reimbursement for damage or loss of personal property must be made on the proper
form. This form is submitted to the employee's immediate supervisor. The supervisor may require
a separate written report of the loss or damage.
The supervisor shall direct a memo to the appropriate Division Commander, which shall include
the results of his/her investigation and whether the employee followed proper procedures. The
supervisor's report shall address whether reasonable care was taken to prevent the loss or
damage.
Milpitas Police Department
Milpitas PD CA Policy Manual
Department Owned and Personal Property
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentDepartment Owned and Personal Property -
466Upon review by staff and a finding that no misconduct or negligence was involved, repair or
replacement may be recommended by the Chief of Police who will then forward the claim to the
Finance Department.
The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic
equipment, etc.) that are not reasonably required as a part of work.
700.3.1 REPORTING REQUIREMENT
A verbal report shall be made to the employee's immediate supervisor as soon as circumstances
permit.
A written report shall be submitted before the employee goes off duty or within the time frame
directed by the supervisor to whom the verbal report is made.
700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER
Officers and other employees intentionally or unintentionally may cause damage to the real or
personal property of another while performing their duties. Any employee who damages or causes
to be damaged any real or personal property of another while performing any law enforcement
functions, regardless of jurisdiction, shall report it as provided below.
(a)A verbal report shall be made to the employee's immediate supervisor as soon as
circumstances permit.
(b)A written report shall be submitted before the employee goes off duty or within the
time frame directed by the supervisor to whom the verbal report is made.
700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY
If employees of another jurisdiction cause damage to real or personal property belonging to the
City, it shall be the responsibility of the employee present or the employee responsible for the
property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.
The employee shall submit a written report before going off duty or as otherwise directed by the
supervisor.
These written reports, accompanied by the supervisor's written report, shall promptly be forwarded
to the appropriate Division Commander.
Policy
702Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentPersonal Communication Devices - 467Personal Communication Devices
702.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and
communication devices, whether issued or funded by the Department or personally owned, while
on-duty or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but
is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable
tablets and similar wireless two-way communications and/or portable Internet access devices.
PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and
microblogging, emailing, using video or camera features, playing games and accessing sites or
services on the Internet.
702.2 POLICY
The Milpitas Police Department allows members to utilize department-issued or funded PCDs
and to possess