OAKLAND_103_Policy_Manual_844794

Policy Manual - 14 Printed Date: 2015/07/17 © 1995 -2015 Lexipol, LLC Policy Oakland Police Department 103 Policy Manual Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Oakland 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 All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect,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. 103.2 POLICY 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. 103.2.1 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 Oakland 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 Oakland Police Department reserves the right to revise any policy content, in whole or in part with due consideration of respective Memoranda of Understanding (MOU). 103.3 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 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. 103.4 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). Policy Manual - 15 Printed Date: 2015/07/17 © 1995 -2015 Lexipol, LLC Oakland Police Department Policy Manual Policy Manual CHP - The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Oakland. Civilian - Employees and volunteers who are not sworn peace officers. Department/OPD - The Oakland Police Department. DMV - The Department of Motor Vehicles. Employee/personnel - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The Oakland Police Department Policy Manual. May - Indicates a permissive, discr etionary or conditional action. Member - Any person employed or appointed by the Oakland Police Department, including full- time sworn officers, reserve officers, civilian employees and volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the Oakland 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 a member 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 regarding 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. The term "supervisor" may also include any person (e.g., officer -in-charge, manager, 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. Policy Manual - 16 Printed Date: 2015/07/17 © 1995 -2015 Lexipol, LLC Oakland Police Department Policy Manual Policy Manual 103.5 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 opportuni ty to