106_-_Policy_Manual

Policy 106Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPolicy Manual - 1Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Mountain View 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 All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect,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. 106.2 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. 106.2.1 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 Mountain View 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 Mountain View Police Department reserves the right to revise any policy content, in whole or in part. 106.3 AUTHORITY The Police Chief 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 Police Chief or the authorized designee is authorized to issue Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 106.4 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). Mountain View Police Department Mountain View PD Policy Manual Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPolicy Manual - 2CHP- The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Mountain View. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/MVPD - The Mountain View 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 Mountain View Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Mountain View Police Department, including: •Full- and part-time employees •Sworn peace officers •Reserve, auxiliary officers •Non-sworn employees •Volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the Mountain View 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. Mountain View Police Department Mountain View PD Policy Manual Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPolicy Manual - 3The 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. 106.5 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 Police Chief 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 Special Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do