Lloyd

Gosselink
ATTORNEYS AT LAW
1984 ^^2014
Ms. Albrighfs Direct Line: (512) 322-5814
Email: salbright@lg!awfirm.com
April 22,2014
816 Congress Avenue, Suite 1900
Austin, Texas 78701
512.322.5800 p
512.472.0532 f
lglawfirm.com
The Honorable Greg Abbott VIA HANI) DELIVERY
Office of the Attorney General
Open Records Division
209 W. 14"'Street, Suite 600
Austin. Texas 78701
Re: Request for Attorney General Decision Pursuant to Texas Government Code
552.108 on behalf of the City of Sweetwater and Sweetwater Police Department;
ID #526543
Dear Attorney General Abbott:
Our firm represents the City of Sweetwater (the "City" or "Sweetwater"), a municipality
located in Nolan County. On April 1, 2014 the City, through the Sweetwater Police Department
(the "Police Department"), received a request from Christopher Collins with the Abilene
Reporter-News (the "Requestor") requesting from the Police Department certain information
pursuant to the Texas Public Information Act (the "Act"). A copy of the Requestor's April 1,
2014 request is enclosed herein as Exhibit A. The City submitted an estimate of charges to the
Requestor on April 15, 2014, a copy of which is enclosed herein as Exhibit B. The City
reasonably believes that information responsive to the April 1 request is excepted from
disclosure under the Act, for which a request for an open records determination is hereby made.
A signed statement regarding the date upon which the April 1 request was received is included as
Exhibit C.
I. INTRODUCTION
In his April 1 request, the Requestor asks for a copy of the "current General Orders given to
sworn personnel..." and states that these documents should outline the "written directives that
guide the members of your department in their duties."' The request basically asks for the
manual of policies and procedures that govern the daily functions of the employees of the Police
Department. The City reasonably believes that many of the policies responsive to the April 1
request should be excepted from disclosure under Texas Government Code 552.108(b)(1) as
' See April 1, 2014 Request included as Exhibit A.
4400931.1
Lloyd Gosselink Rochelle &Townsend, PC
12.1 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 12.1 Property and Evidence Management
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: TBP: 12.01, 12.03, 12.04, 12.05, 12.06, 12.07 and
12.08.
I. POLICY
Proper documentation, collection, safe storage, preservation, and submission of physical
evidence to forensic laboratories may provide the key to a successful investigation and
prosecution. Through evidence located at the scene, suspects are developed or eliminated,
investigative leads are established, and theories concerning the crime are substantiated or
disproved. The purpose of Property and Evidence Management is to maintain those property
items coming into the possession of the department in such a manner as to secure them from
theft, loss, or contamination, and to maintain then for easy retrieval as needed.
II. PURPOSE
The purpose of this order is to establish property room procedures and protect the integrity of
the Property and Management system.
III. ORGANIZATION AND ACCOUNTABILITY
A. The Chief of Police will appoint a primary and alternate Property Custodian. The
Property Custodian is responsible for maintaining security and control of property and
evidence that the department acquires through normal duties and responsibilities. The
alternate serves as backup when the assigned Property Custodian is unavailable.
1. The primary property custodian is assigned from C.I.D. and the alternate
from patrol division.
B. The Property Custodian reports to the Lieutenant, who is accountable directly to the
Chief of Police.
C. The Property Custodian shall satisfactory complete a TCLEOSE approved basic
course on the management of the property function, on the job training, and other
related training courses, seminars and/or conferences as appropriate.
12.1 Page 2
D. Duties Responsibilities
1. The primary duty of the Property Custodian is to log, classify, store,
dispense, destroy, and release property and evidence to its rightful owner, for
court presentation and/or for destruction or auction. Additional duties
include, but are not limited to the following:
a. Maintain evidence or property in such a manner that the individual
items are secure from theft, loss, or contamination, and can be
located in a timely manner.
b. Maintain property reports and other documentation associated with
the chain of custody for all property.
c. Ensure the timely and legally correct notification of owners and
release/disposal of property recovered, found, or seized by the
Police Services.
d. Operate computer terminals to access information regarding case
dispositions and other related information involving the
classification and proper disposition of property/evidence.
e. Coordinate the disposal of unclaimed and/or surplus property and
the special disposal of narcotics, weapons, explosives, and
hazardous materials pursuant to law.
f. Release of property for court, auction, disposal, or person legally
entitled to the item.
g. Provide in-service training to department personnel regarding the
appropriate logging, packaging, documenting, and storage of
property and evidence.
h. Provide effective liaison between the department and local, county,
state and federal law enforcement agencies.
i. Represent the department while attending state and local
associations involved with the management of property and
evidence.
j. Stay abreast of local, state, and federal law involving property and
evidence handling. Recommend and facilitate appropriate changes.
k. Maintain a clean and orderly property storage facility
.
12.1 Page 3
IV. FACILITIES SECURITY (TBP: 12.04)
A. Access
1. The Property Room is maintained as a secure location. Access to the
Property Room and all other temporary or long-term property storage areas
is restricted to the Property Custodian, and alternate Property Custodian. All
other persons entering the property room will sign in and out on the Property
Room entry log.
2. Other department personnel do not enter property storage areas unless
escorted by a Property Custodian. Except for the Property Custodians, all
Department personnel, visitors, contractors, etc. who enter the Property
Room must be listed on the visitors log (citing the date, duration and
purpose of the visit).
3. Property or evidence is only removed from its storage location by the
Property Custodian or the authorized designee.
4. The doors, gates, or other closure devices to any storage area are secured
whenever the Property Custodian or other authorized personnel leave or are
not present.
B. Key Control
1. Two keys are required to open the main property room doors. The Property
Custodian and alternate are the only individuals with both keys.
2. The keys to all other property storage facilities are maintained by the
Property Custodian and the Alternate. The duplication or unauthorized
possession of keys to secured property storage areas is strictly prohibited.
3. A complete set of other storage facility keys, safe combinations, alarm
codes, etc. are in a sealed property envelope, initialed and dated by the
Property Custodian and a Supervisor. That envelope stays in the Police
Chiefs office as a backup for property room personnel. Inspection of this
envelope is part of all property room audits and inventories.
4. Property room personnel may not relinquish property room keys,
combinations, or alarm codes to anyone other than authorized personnel.
5. When Property Custodians leave their assignment, the Chief of Police
ensures that all locks, combinations, and codes are changed.
6. New locks are installed in the event that a key is lost or security is otherwise
compromised.
12.1 Page 4
C. Security Systems
1. Firearms storage is separate from other property in the property room,
secured in the long gun storage area. The long gun storage area remains
locked at all times unless property is being stored, removed, or inventoried.
2. Controlled substances storage is separate from other property in the property
room and secured in the Narcotics cabinet. The cabinet remains locked at all
times unless property is being stored, removed, or inventoried.
3. Money is separate from other property in the property room and secured in a
money storage locker. The money storage locker remains locked at all times
unless property is being stored, removed, or inventoried.
V. CATEGORIES OF PROPERTY
A. For the purpose of these procedures, property in police custody falls into these
categories:
1. Evidence. Evidence is property that comes into the custody of a police
department employee when such property may tend to prove or disprove the
commission of a crime, or the identity of a suspect, pursuant to an official
criminal investigation. Evidence or assets seized for forfeiture are handled
in the same manner as other evidence.
2. Found Property. Found Property is property of no evidentiary value, which
comes into the custody of an agency employee, and whose rightful owner
may, or may not, be known to the finder or the department. Due diligence
must be exercised to discover the rightful owner. If the owner cannot be
located, the Department will dispose of the property in a time and manner
prescribed by law.
3. Safekeeping. Safekeeping is property of no evidentiary value surrendered to
an employee of this agency for temporary custody. This arrangement comes
with the understanding that the person surrendering the property has the
legal right to do so, and that the property will be returned to the rightful
owner(s) at the end of a specified period, unless disposition by the
Department, in a manner prescribed by law, is requested by the owner(s).
VI. DOCUMENTATION & RECEIPT OF PROPERTY (TBP: 12.01)
A. Documentation of Property
The police employee accepting that property documents the details upon
taking property in to the Department. That report contains a description of
the item, along with all other pertinent details of how the item came into
possession. The report must also include complete information on the person
who found the property, or from whom it was seized or recovered.
12.1 Page 5
B. Computer Inquiry & Entry
1. All employees make the appropriate inquiries to the TCIC on all serialized
or identifiable items collected or seized prior to placing the item into storage.
This determines if the property is reported stolen or otherwise entered into
the statewide system.
2. Dispatch verifies all "hits" prior to confiscating the item. After verification, a
dispatcher sends the "locate" information.
3. The offense and property report reflects the status of the property items. The
report also indicates that a "locate" was sent to the originating agency. It is
the originating agencys responsibility to update the TCIC information from
stolen to recovered status.
C. Property Forms
The property and evidence function requires the use of the following forms:
1. Evidence Bags and Boxes
a. Evidence Bags and boxes serve as the primary method for
submitting property for storage. A listing of the case number, date,
location, applicable names, description of property and officer's
name and ID number properly identify the property and its origin.
b. Chain of Custody Form submitted with each property container
(bag, box, etc), tracks the movement or release of the item.
c. Money Form. This form serves as the sole method for logging cash
money into the property room. Cash is defined as coin and/or
currency. Checks, credit cards or other negotiable items do not
require the use of a money envelope. The Property Custodian does
not accept money not packaged or logged appropriately, according
to the following procedures:
i. Itemize money by denomination, listing subtotals and total
amounts.
ii. All money logged into the property room requires at least
two officers or employees to verify the count.
iii. All money envelopes must contain at least two signatures
verifying the amount listed and enclosed. The entering
officer and verifying officer sign their names and numbers to
the front of the envelope, seal the envelope with evidence
tape. Both then initial the back of the envelope prior to
entering it into the property locker. For accuracy, conduct
two separate counts on large amounts of cash.
12.1 Page 6
iv. Extremely large amounts of coin and/or currency seized
which, because of the container or quantity of money, make
it impractical to package in a money envelope (e.g., coins
stored in a large piggy bank or bottle, large amount of bills in
a briefcase or satchel, etc.). In those rare cases, it is
acceptable to log the container as it. However, the need for a
money count and money form still applies. Officers
submitting the money secure the container with evidence
tape to prevent tampering and tape the money form to the
container.
v. Suspected counterfeit bills require a money form, but have
no cash value. Make a notation on the outside of the money
envelope reflecting that the contents contain suspected
counterfeit bills.
vi. The money form is not for foreign currency. If used, the
outside of the envelope reflects that the envelope contains
foreign currency.
d. Property Receipt Form. The Property Receipt Form serves as a
receipt for property taken into custody and documents the release of
property to other entities. The Property Release Form also
authorizes the release of property. No property is released without a
completed Release Form.
VII. LOGGINGPROPERTY & EVIDENCE
A. Officers who seize property and are able to determine ownership in the field may
release the property immediately to the owner if the property is not needed for
prosecution in a criminal case. Officers should make contact with the investigating
officer or the District Attorneys office if necessary to determine prosecutorial need.
If the property can be released in the field, the officer will complete a Property
Release Form and have the owner sign for receipt of the property, the item shall be
photographed and a photo disc shall be turned in to evidence. The form will be
turned in to the property room where the Property Custodian will enter the property
into the system and show it released in the field. The Property Release Form will be
forwarded to CID for inclusion in the case file. (TBP: 12.06)
B. Property that is seized by the department and not immediately released to the owner
will be entered into the computer system and secured in the Property Room as soon
after seizure as possible. Personal lockers, files, or desks are not approved storage
for property or evidence items. Officers will log all property and evidence into the
property room before the end of their shift. (TBP: 12.03)
12.1 Page 7
C. Maintaining property/evidence in a case file may be acceptable when it is necessary
for the proper investigation of the case by the assigned detective; however, the
property/evidence must first be logged into the property system and then signed out.
The detective signing out the property /evidence is responsible for the evidence until
returning it to the property room. The detective is also responsible for the integrity
of the evidence while checked out.
D. Marking and Packaging
1. All collected property is marked for identification and packaged to avoid
contamination.
2. Permanent and distinctive marks such as initials, ID numbers, and case
numbers should be marked directly on objects collected (when possible)
without damaging the evidence.
3. When unable to mark the exhibit itself (such as in the case of stains, hair,
blood, controlled substances, etc.), place the item in a vial, envelope,
container or other suitable package, then seal and mark the container.
4. There are a variety of containers and materials for use in packaging physical
evidence and other property. Officers strive to use the size and type
container appropriate for the type of property. An assortment of packaging
materials and supplies for this packaging are near the book-in counter. The
Property Custodian is responsible for maintaining property packaging and
storage supplies.
5. Always package FIREARMS, MONEY, MARIJUANA AND
CONTROLLED SUBSTANCES separately from other property or evidence
items.
6. Firearms Evidence - The collection of firearms is appropriate for both
criminal and non-criminal cases. Due to the very nature of these items,
extreme care is taken to ensure the safe handling of the weapon and
preservation of its evidentiary value.
a. Firearms: NEVER PLACE A LOADED FIREARM INTO AN
EVIDENCE STORAGE LOCKER.
Exception: Officers who cannot unload a weapon due to a mechanical
defect must attach a warning note to the weapon indicating it is loaded.
The Property Custodian arranges for the range master (or qualified
designee) to unload the weapon prior to placing it in storage or
transporting it to the laboratory. Unfired cartridges may be left in the
magazine provided the magazine is removed from the gun. Weapons are
unloaded ONLY after noting the position of the bullets, empty
cartridges, safety, bolt, breechblock, hammer, cylinder, magazine, etc.
12.1 Page 8
7. Hazardous Materials / Devices: NEVER transport or store any unexploded
(or suspected unexploded) device in or about the police facility. NEVER
transport or store any Class A explosive such as dynamite, desensitized
nitroglycerin, large quantities of fireworks or more than one pound of black
powder in or about the police facility.
8. Money: Itemize all monies by denomination and quantity on the approved
money form before placing it into a property locker.
9. Jewelry: Package jewelry items individually in an envelope, box, bag, or
other suitable container as appropriate.
10. Bicycles: All bicycles, or portions thereof, retained by police services are
placed into Police garage area. Different levels of security for the storage of
bicycles may be utilized dependent on the property classification of the
bicycle (Evidence vs. Found Property).
11. Motor Vehicles: Motor vehicles requiring retention are stored in the Police
garage area, the service center or on-call wrecker service that maintains a
secure area. Note: Vehicles may be temporarily stored at the police facility
while being processed during a crime scene search. The keys for motor
vehicles retained as long-term evidence (homicides, fatal traffic accidents or
serious hit and runs) are logged into evidence.
12. License Plates: License plates are the property of the Department of Motor
Vehicles (DMV) from the state of jurisdiction. The public is permitted to use
the license plate when the annual fees have been paid. License plates
maintained as evidence are logged into evidence. Officers attempt to return
found license plates to their owner. If that is not feasible, the officer logs the
plate into property. The Property Custodian is then responsible for returning
the plates to the owner or DPS.
13. Alcohol: Open containers of alcohol are not logged into the property room.
The investigating officer pours out the contents at the scene. The officer then
describes the condition of the container and its contents in the police report.
Officers avoid booking large quantities of alcoholic beverages into evidence.
In rare situations when a sample of the evidence is necessary for
prosecution, retain one unopened container (bottle, can, etc.), photograph,
and destroy the remainder on video.
12.1 Page 9
VIII. PROPERTY ROOM COLLECTION, INVENTORY & STORAGE
A. Property Collection
1. On an as needed basis, the Property Custodian or alternate inspects all
temporary storage lockers, bins, and annexes to remove and process all
property items.
2. The Property Custodian or alternate also complete the following:
a. Assigns a bar code label to each property item submitted,
b. Makes the appropriate entries into the automated property system,
c. Stores each item in the approved locations.
d. Arrange for transportation to the laboratory for examination as
required, and
e. Arrange for destruction, release to owner, auction or other
authorized disposition as appropriate.
B. Property Inventory
1. The Property Custodian accounts for every item submitted into the property
system. This process begins at intake.
a. The Property Custodian or alternate compares items listed on the
property forms with those actually found in temporary storage. If
any item is missing, the Property Custodian immediately notifies
the on-duty Supervisor. The submitting officer and/or supervisor
then correct the discrepancy.
b. If the Property Custodian cannot find a missing item(s), he enters
the item into the Unable to Locate (UTL) file and notifies the
Chief of Police and Lieutenant explaining the circumstances
surrounding the missing property. The Lieutenant forwards a
written notification to the employees supervisor. Property
connected to the case will not be processed until the missing item(s)
are found or the discrepancy has been corrected.
C. Improperly Submitted Property Right of Refusal
1. Officers submit every item into property in a safe and thorough manner
consistent with these guidelines and policy.
a. The Property Custodian has the authority to refuse acceptance of
any property item submitted in an unsafe, incomplete, or otherwise
improper manner as defined in this manual.
12.1 Page 10
b. Property room personnel SHALL NOT accept any money or
controlled substances in which the seal, envelope, packaging or
container has been opened, tampered with, or otherwise improperly
submitted.
c. The Property Custodian immediately notifies the on-duty
Supervisor, who follows up with the submitting officer's supervisor.
d. All personnel immediately correct a breach in safety protocol.
D. Property Storage
The following types of property and evidence are stored separately and
according to the listed guidelines. Other miscellaneous types of property may
be stored separately as the Property Custodian determines.
1. Firearms
a. The Property Custodian stores all firearms in containers (boxes)
specifically designed for handgun, rifle and/or shotgun. Exceptions
can be made for those weapons which, due to size or other
considerations, are not compatible for storage in such containers.
b. The Property Custodian segregates all firearms from other types of
property retained. All firearms, REGARDLESS OF PROPERTY
CLASSIFICATION, are stored locked weapons room inside the
property room. This room remains locked at all times unless
property is being stored, removed, inventoried, or inspected.
NEVER store ammunition with firearms. All ammunition is stored
separately.
2. Controlled Substances
a. The Property Custodian segregates all drugs and narcotics from
other types of property retained. All controlled substances,
REGARDLESS OF PROPERTY CLASSIFICATION, are stored in
narcotics cabinet inside the property room. The cabinet remains
locked at all times unless property is being stored, removed,
inventoried, or inspected.
b. Officers count, verify, test, and weigh controlled substances (or
suspected controlled substances) prior to sealing them in envelopes.
The officer then weighs the bag and notes "TW" (for total weight
including the packaging weight) and the total weight in grams on
the outside of the envelope. The envelope weight is entered in the
property description line as "Marijuana TW 13 grams" or similar.
c. Property Custodian only opens sealed containers to facilitate the
transportation and/or destruction of the item.
12.1 Page 11
3. Money
a. The Property Custodian segregates all money from other types of
property retained. All money, REGARDLESS OF PROPERTY
CLASSIFICATION, is stored in the money storage locker or, if
over $100.00, deposited with the city.
b. The Property Custodian deposits money (over $100) with the city
either the same or next working day. The Property Custodian seals
the receipt in the original property envelope with the Money Form
and returns it to the money storage locker. The Property Custodian
then makes notations in the computer system, showing the money
transferred to the cashier.
c. The Property Custodian deposits smaller amounts of money cashier
when their cumulative total reaches $100 or more.
d. Exception: When the money itself is evidence, subject to forfeiture
(drugs), or examination, it remains in the safe until the CID
Supervisor clears it for deposit.
e. The Property Custodian only opens sealed containers to release the
money to its rightful owner or transfer the money to a financial
institution. At least one other police employee is present when
opening any money envelope.
f. The Property Custodian secures negotiable stocks, bonds, or bank
securities in the safe with other money items. He assigns no value to
the securities for purposes of showing a recovery value.
4. Homicides
a. The Property Custodian stores all items of evidence associated with
a homicide case together, unless that evidence requires storage
elsewhere for additional security, safety, or preservation measures.
b. All homicide cases remain segregated from other types of property
retained by the Department.
12.1 Page 12
5. Hazardous Materials
a. The Property Custodian transfers and stores all hazardous materials
in containers designated for that purpose.
b. The Property Custodian segregates all hazardous materials from
other types of property retained. All hazardous materials,
REGARDLESS OF PROPERTY CLASSIFICATION, remain
stored within a hazardous materials storage container, clearly
marked and designed for the storage of these materials.
6. Photographs
a. The Property Custodian stores digital recordings separate from
other types of evidence the Department retains.
7. Property Management. Nothing in this manual prevents the Property
Custodian from organizing property as deemed necessary for the efficient
operation of the property function.
E. Computer Entries
Computerized Property System
1. The Property Custodian enters all incoming property into the computerized
property system as soon as possible. Information entered into this system
includes:
a. Classification of property
b. Type/Description of property
c. Quantity
d. Case number
e. Officer submitting property
f. Location property stored
g. Chain of custody, including dates/times/officer
F. Disposition of Property
1. The Property Custodian updates the status of all property retained in
inventory as necessary.
2. The Property Custodian retains a complete hard copy file on each piece of
property as a back up to this computer system. The backup files facilitate
regular inspections, audits and inventories.
12.1 Page 13
3. TCIC / NCIC
a. Upon request, dispatch personnel check property items with serial
numbers in the TCIC/NCIC system.
b. In all cases when a releasing a firearm, officers conduct a criminal
history check of the person receiving the weapon. This establishes
whether restrictions exist that prevent the release of the firearm to
that individual. Additionally, officerss request a stolen check
through TCIC/NCIC to confirm that the status of the firearm.
IX. PROPERTY & EVIDENCE RELEASE GUIDELINES
A. Persons Authorized to Release Property
1. The following persons may authorize the release of property under the
provisions of this manual:
a. The Chief of Police,
b. The Lieutenant,
c. Property Custodian,
d. A magistrate,
e. The District Attorneys Office, and
f. In cases of found property and property impounded for safekeeping,
the impounding officer.
B. Release Authority
1. A court order is required for the release or disposal of property seized
pursuant to a search warrant.
2. Court action involving all suspects must be final and the District Attorneys
Office must approve the release.
3. All evidence or property collected in homicide cases is stored until the death
of the defendant(s) or 99 years from the date of incident.
4. Upon the Lieutenants approval, the Property Custodian disposes of property
on no-lead cases after the statute of limitations is past. The Statute of
Limitations for felonies is as follows:
a. No Limit Murder, Manslaughter, FSRA with Death
b. 10 Years Theft of Estate by Administrator, Theft by Public Servant,
Forgery, Indecency with a Child, Injury to a Child , Sexual Assault
c. 7 Years Misapplication of Fiduciary Property
d. 5 Years Burglary, Theft, Robbery, Arson, Kidnapping, Abandoning
a Child
e. 3 Years All other felonies.
12.1 Page 14
5. The Lieutenant signs approval of evidence destruction on no-lead
misdemeanor cases after one year from the commission of the offense.
6. The District Attorney approves of property disposed or released purely in the
interest of justice when the statute of limitations has not expired. This
applies to any felony or misdemeanor cases.
7. The Property Custodian retains any property requested for civil litigation
until approved by the Lieutenant. The Chief of Police contacts the City
Attorney prior to disposal of property cases where the City is party to civil
litigation.
C. Disposition Instructions (Non-evidence)
1. Found Property
a. The investigating officer attempts to determine and contact the
owner(s) of found property. Officers call that person instructing
them to contact the Property Custodian to schedule an appointment
and claim their property.
b. The owner has 90 days to establish ownership and claim the
property.
c. Exception: If sufficient evidence exists to file an asset forfeiture
case, funds likely coming from illegal activity are retained. In
addition, if the owner claiming a firearm is not legally entitled to a
weapon under the provisions of the law, or prohibited from
possessing a weapon, the Chief of Police determines the type of
release or destruction of the firearm.
d. Pursuant to Code of Criminal Procedure Art. 18.17, any found
property having a value of $500 or more and the owner is unknown,
will be advertised as found in a newspaper of general circulation
prior to forfeiture to the city or destruction.
e. The Property Custodian processes all unclaimed property for
auction, disposal, or transfer for Departmental use.
2. Safekeeping
a. The Property Custodian returns property held for safekeeping upon
the request of the legal owner or by legal mandate. The Property
Custodian disposes of unclaimed property after 90 days.
b. Prior to release of firearms, the Property Custodian requests a
criminal history check on the owner or person who intends to pick
up the weapon.
c. The Chief of Police determines the disposition on firearms if the
owner is not legally entitled to the weapon or is prohibited from
possessing a weapon.
12.1 Page 15
d. The Property Custodian requests a TCIC/NCIC stolen check on the
firearm prior to release.
i. If stolen, an attempt is made to return the firearm to the
rightful owner.
ii. If the owner cannot be found, the weapon is destroyed per
court order.
e. When releasing a weapon to the owner, the owner presents a photo
ID and provides proof of ownership, if requested. The owner must
sign the property release form.
f. All other types of property held for safekeeping are returned to the
owner as soon as possible.
D. Non-Essential Property/Evidence:
1. With the concurrence of the District Attorney, property that is not essential
to a prosecution or future prosecution is released to the owner as follows:
a. Property that has no market or investigative value as determined by
the District Attorney may be destroyed upon completion of the
investigation with the District Attorneys permission; e.g., glass
fragments, mutilated bullet not suitable for comparison purposes.
b. Property held as evidence but not introduced during the trial is
released to the owner upon receipt of a court disposition, provided
the prescribed time for appeal has elapsed. In misdemeanor and
felony cases, 90 days is allowed for an appeal.
c. In all cases, the person who receives the property must present a
photo ID and sign the property receipt.
E. Court Releases
Officers needing evidence or property for court presentation requests the
property from the property room custodian who then completes the custody
form and releases the item to the officer. In all cases, the person receiving
the property must sign the custody form.
X. INTERIM RELEASE OF PROPERTY GUIDELINES
A. To facilitate the need for officers to remove evidence temporarily from the property
room for further investigation, examination, court, etc, the following procedures are
established:
1. The officer completes a property release form, has it signed by a supervisor
who ensures appropriate need, and forwards it to the Property Custodian (at
least 24 hours - weekends and holidays excluded - in advance when
possible).
2. If exigent circumstances exist, property may be released to the officer with
less prior notification.
12.1 Page 16
3. Officers checking out evidence for court sign and date the chain of custody
form for all evidence released.
4. Officers immediately return all evidence to the property room, unless that
evidence is held by the court.
5. Officers repackage or reseal evidence as necessary to ensure the integrity of
the item. Whenever evidence is placed in a new evidence bag, the old
evidence bag is placed in the new bag with the evidence with the chain of
custody on the old bag visible.
B. The Property Custodian tracks evidence checked out for court and its return. After
72 hours, notification is given to the officer who has not returned the property.
XI. DISPOSAL GUIDELINES (TBP: 12.05)
A. Disposal of items held in the property room is made in a manner authorized by
statute and as provided in policy.
B. The Property Custodian disposes of no property item until receiving a release
authorization from the assigned detective, Lieutenant, a court order, or written
instruction from the District Attorneys Office.
C. Upon receipt of a Court Order, the Property Custodian disposes of property in the
manner indicated in that order.
D. Disposition of Property to be Destroyed
1. Property of little or no auction value is disposed of in an appropriate trash
receptacle except as otherwise directed below:
a. Papers of a sensitive nature will be shredded.
b. The contents of open alcoholic beverage containers are poured
down the drain before disposing of the container in the trash.
c. Property of value (except firearms, money, ammunition, controlled
substances, and hazardous materials) is sold at auction, destroyed,
or designated for department use.
d. Handguns and assault weapons are destroyed or designated for
department use.
e. Ammunition is disposed of or designated for department use.
f. Controlled substances are burned.
g. Hazardous materials are disposed through an authorized, pre-
approved hazardous waste disposal firm.
h. Knives, clubs, BB or pellet guns, or other dangerous weapons are
destroyed in the same manner as firearms.
i. All unclaimed money is deposited in the City of Sweetwater
General Fund, except rare coins or paper money that will be sold at
public auction.
12.1 Page 17
2. Disposition of Firearms
All firearms will be destroyed unless released to their rightful owner with two
exceptions. Firearms that are scheduled for disposal that could be used by the
department may be converted to departmental use upon written approval of the
City Manager. These weapons will become the property of the department
and not individual officers and will be tracked and accounted for on
inventories and audits. Weapons of intrinsic collectable value or long guns
(not handguns) of sporting value may be disposed of through approved
agencies. Destruction process will proceed as follows:
a. The Property Custodian ensures the recording of the make, model,
serial number, and involved case report number in the property
management computer system.
b. The Property Custodian destroys firearms authorized for disposal as
necessary to conserve space and security of the weapon(s).
c. All firearms are inventoried prior to destruction.
d. The Property Custodian updates the new status on all related
documents and computer files.
e. The Property Custodian, accompanied by another assigned police
officer, transports the firearms to a destruction facility. The Property
Custodian, and assigned officer witness the destruction of each
weapon and sign a certificate certifying the destruction.
f. The Property Custodian retains all written documentation of
destruction tractions.
3. Destruction of Ammunition
a. Department Use
i. Surplus small arms and rifle ammunition may be retained by
the department for official use.
ii. Ammunition retained for department use is transferred to the
range master, who signs receipt for the items and maintains
records of the inventory and use of such ammunition.
iii. No ammunition of this nature is used for duty purposes.
b. Disposal
i. The range master has final discretion on the means of
ammunition destruction. That officer decides if the
ammunition lends itself well to training or other range use.
ii. The department employee receiving the ammunition signs
the property report. The property report is then forwarded to
the Property Custodian.
12.1 Page 18
4. Destruction of Narcotics/Controlled Substances
a. The Property Custodian destroys controlled substances and narcotic
paraphernalia after receiving authorization for such disposal.
b. If a controlled substance is evidence in a criminal case filed with the
District Attorney, destruction may not take place until the case is
disposed and authority for disposal is given by the prosecutor
assigned to the court. This authorization may be verbal and noted
on the Request for Disposal form. Other controlled substances may
be disposed of summarily by the department.
c. Items to be destroyed are pulled from their storage locations and
placed in boxes labeled Narcotics Destruction. Each box is
sealed, labeled and numbered.
d. The Property Custodian prepares a list of applicable case numbers
for each box, and attaches a copy of the related property reports.
e. The Property Custodian sets an appointment for disposal (burn) and
obtains the necessary permits in advance.
f. At least two witnesses examine each item set for destruction. In the
event a package shows indications of tampering (other than due to
lab analysis), the Property Custodian pulls the package out of the
destruction process and presents it to the Lieutenant. The Lieutenant
initiates an investigation, which may include reanalysis of the drug
by the lab.
g. An officer accompanies the Property Custodian while transporting
the controlled substances to the disposal facility. Each witnesses the
destruction of the controlled substances and signs a statement to
that effect. The contents of the statement comply with the Texas
Administrative Code, Title 37, Rule 13.163.
5. Disposal of Hazardous Materials
The disposal of hazardous materials falls under a number of State
and Federal statutes. In practice, most disposals are regulated by law.
Whenever questions arise regarding the proper procedures for waste
disposal, the Property Custodian consults with the Sweetwater Fire
Department for direction and assistance with disposal efforts.
XII. AUCTION OF UNCLAIMED PROPERTY
A. Disposition of Unclaimed Property
1. Found property of value not claimed within 90 days is subject to auction.
Stolen or embezzled property is subject to auction if unclaimed by the owner
after notification of a 90-day limit to reclaim the item.
2. Unclaimed property, not governed by statute, after being held 90 days from
the date the owner was notified to claim the property, is subject to auction,
destruction, or diversion to department use.
12.1 Page 19
B. Auction of Unclaimed Property
1. Unclaimed property may be auctioned by the City or may be auctioned by a
private company contracted by the City.
2. To avoid conflict of interest, or any appearance of conflict of interest, no
employee of this department purchases any item at such auction, either
personally or through a third party.
XIII. INSPECTIONS (TBP: 12.07)
For purposes of this manual, an inspection is defined as a brief, informal, usually
unannounced, review of procedures, records, or facilities to ensure adherence to policy
and established protocol.
A. The Lieutenant conducts an inspection of the Property Room at least every six
months and forwards a report of the inspection to the Chief of Police.
B. The inspection should concentrate on how the policies, procedures and practices
are followed. This inspection should be conducted by a supervisor or other
personnel not involved in the operation of the property room. The person
inspecting the Property Room should become familiar with this policy and
determine if these policies are being followed. The Inspection should include
inspection of the security of the property room, the proper use of the sign in log,
the proper and up to date processing of property both intake and disposal, the
cleanliness and orderliness of the Property Room, and any unusual circumstances.
The inspection will also require the Property Custodian to find a minimum of 6
items randomly selected by the person inspecting from the property log, to include
at least one weapon, one drug and one money item.
C. The Chief of Police may conduct frequent unscheduled, unannounced inspections of
the property room and property function as deemed appropriate. Documentation of
these inspections reflects the date and results of that inspection.
XIV. PROPERTY INVENTORIES (TBP: 12.08)
A. It is the policy of police services to receive and safely store evidence, found property
and property for safekeeping; and to restore the property to the rightful owner, or
otherwise lawfully dispose of the property in a timely fashion. The division uses the
inspection and inventory process as a means to ensure the integrity of this policy.
B. For purposes of this manual, an inventory is defined as a physical inspection and
verification of the presence of a property item maintained by the division against the
agencys records.
12.1 Page 20
1. A complete inventory is conducted at least once a year, anytime a personnel
change is made in the property room, or when requested by the Lieutenant or
Chief of Police.
a. The Lieutenant will assign an officer not connected to the operation
of the Property Room to assist and observe the inventory. The
Property Custodian will conduct the inventory with the assistance of
the assigned individual.
b. Every item stored in the property system must be accounted for. All
property storage areas, rooms and sites are included in the inventory
process.
c. All packages, containers, or property tags are inventoried and
reconciled with the computer or file system.
d. A copy of the Inventory Report is completed after each inventory
and forwarded to the Chief of Police. This report includes any
discrepancies and lists any missing items. The Lieutenant makes a
determination if an investigation into the loss is warranted.
2. A sampling inventory of individual items stored in the Property Room bi-
annually and anytime a personnel change is made in the property room, or
when requested by the Lieutenant or Chief of Police.
a. The Lieutenant will assign an officer not connected to the operation
of the Property Room to assist and observe the inventory. The
Property Custodian will conduct the inventory with the assistance of
the assigned individual.
b. Sampling will include the following - A complete inventory of all
Guns, Drugs and Money and at least fifty (50) other items located
inside the Property Room. The inventory should be conducted by
creating a list of all the Guns, Drugs and Money that is shown by
records to be in the Property Room, then locating the items in the
Property Room. The final part of the inventory will be done in
two parts. The first part will be done by randomly selecting the
paperwork for 25 of the 50 items and locating them in the
Property Room. The second part will be done by randomly
selecting 25 more items in the Property Room and locating the
item's paperwork to test the record keeping system.
c. A copy of the Inventory Report is completed after each inventory
and forwarded to the Chief of Police. This report includes any
discrepancies and lists any missing items. The Lieutenant makes a
determination if an investigation into the loss is warranted.
12.1 Page 21
C. Whenever any firearm, money or controlled substances are discovered missing, the
Lieutenant is notified immediately and an investigation initiated.
XV. Property Packaging Guidelines. (see attached addendum)
To assist officers in the proper packaging of evidence and other property an
addendum is prepared and maintained in the evidence preparation area.









END OF DOCUMENT MORE BELOW
2.1 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 2.1 Rules of Conduct
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: TBP 1.08, 2.02, 2.12, 2.14, 2.15, 2.16, 2.17, 2.18,
2.19, 2.20, 2.21, and 2.22
I. POLICY
The Sweetwater Police Department and the public expect all personnel to maintain high
standards of appearance and conduct. The mission of the department is to work with all
members of the community to preserve life, maintain human rights, protect property, and
promote individual responsibility and community commitment.
II. PURPOSE
To define departmental expectations for on and off-duty personal behavior. This order applies
to all employees both sworn and non-sworn. (TBP: 2.12)
2.1 Page 2
III. CODE OF ETHICS (TBP: 2.02)
All officers shall display the integrity required by the Law Enforcement Code of
Ethics:
As a law enforcement officer, my fundamental duty is to serve the community;
to safeguard lives and property, to protect the innocent against deception, the
weak against oppression or intimidation, and the peaceful against violence or
disorder; and to respect the constitutional rights of all to liberty, equality, and
justice.
I will keep my private life unsullied as an example to all and will behave in a
manner that does not bring discredit to me or my agency. I will maintain
courageous calm in the face of danger, scorn or ridicule; develop self-restraint;
and be constantly mindful of the welfare of others. Honest in thought and
deed in both my personal and official life, I will be exemplary in obeying the
law and the regulations of my department. Whatever I see or hear of a
confidential nature or that is confided to me in my official capacity will be kept
ever secret unless revelation is necessary in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, political
beliefs, aspirations, animosities, or friendships to influence my decisions.
With no compromise for crime and with relentless prosecution of criminals, I
will enforce the law courteously and appropriately without fear or favor,
malice, or ill will, never employing unnecessary force or violence and never
accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it
as a public trust to be held so long as I am true to the ethics of police service. I
will never engage in acts of corruption or bribery, nor will I condone such acts
by other law enforcement officers. I will cooperate with all legally authorized
agencies and their representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional
performance and will take every reasonable opportunity to enhance and
improve my level of knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating
myself before God to my chosen profession . . . law enforcement.
2.1 Page 3
IV. DEFINITIONS
A. Affirmative Duty: The personal responsibility and obligation of an employee to report
wrongdoing rather than to provide such information only when requested.
B. False Report: A report that is not made in good faith, based on information that is known
or reasonably likely to be inaccurate; intentionally or negligently ignores exculpatory or
mitigating information; or made with the purpose of harassing or wrongly incriminating
another employee.
C. Good Faith: A report that provides allegations concerning an employee who is
reasonably believed to have purposely committed a serious violation of departmental
policy, procedures, rules, or laws.
D. Retaliation: Retaliation of the following kinds is designed to serve as retribution against
an employee who, in good faith, has filed a complaint against another employee. In the
context of this policy, retaliation includes any deliberate, purposeful actions or failures to
act, directed against employees that cause, or that could reasonably be expected to cause,
physical harm, property damage, significant emotional stress, or otherwise negatively
affect another employees terms or conditions of employment or that could seriously
impair the efficiency, safety or effectiveness of that employee, this department, or both.
Such adverse actions may take many forms, including but not limited to, bullying;
persistent offensive comments, threats, or intimidation; false accusations; isolating;
ostracizing; or acts that malign or disparage an individuals reputation.
E. Serious Acts of Misconduct: Deliberate acts or failures to act that could reasonably form
the basis for significant disciplinary action against an employee. Such disciplinary action
would be reasonably likely to adversely affect that employees terms or conditions of
employment up to and including termination of service.
V. GENERAL DUTIES
A. All officers shall, within jurisdictional limits, prevent crime, preserve the peace,
protect life and property, detect and arrest violators of the law, and enforce the laws
of the United States, the laws of the State of Texas, and all local ordinances,
according to the rules, regulations, and general orders of the department. Officers
must know that when they act under color of law, they are enforcing the law
according to statutes, written administrative guidance in the department, ordinances,
common usage, and custom. Further, officers shall exhibit good moral character in
the administration of their duties according to departmental orders.
B. The department maintains the right to establish oral and written orders to govern and
control the efficiency, effectiveness, and safe operation of law enforcement.
Officers shall be trained in the rules and expectations of professional conduct prior
to assuming law enforcement duties.
2.1 Page 4
C. Management reserves the prerogative to discipline personnel for violations of the
rules listed in this order as well as violations of all departmental orders and
directives. The decision to discipline and the measure of discipline employed
depend on the rule or law violated the consequences of the employee's actions, and
the employee's prior history and experience.
D. Duty to Report
1. All employees of this department have an affirmative duty to report serious acts
of misconduct or failures to perform actions, defined in departmental policy,
procedures, and rules. Failure to report shall result in corrective or disciplinary
action.
2. Acts of retaliation against employees who make good faith complaints or
disclosures of misconduct against another employee are strictly forbidden. Such
acts will form the basis for charges of misconduct resulting in serious
disciplinary action.
3. All employees have an affirmative duty under this policy to cooperate fully
during the investigation of any allegation of employee misconduct whether
conducted by this department or another authorized authority. Protection from
retaliation is extended under this policy to all employees who cooperate in good
faith.
4. All complaints of retaliation shall be submitted to any supervisor. If the
supervisor is the subject of or is involved in the complaint, an employee shall
submit the complaint to the next higher ranking employee in the chain of
command.
5. In uncommon situations involving highly egregious offenses or illegality that
may have departmental or governmental implications, a complaint may be made
directly to the chief executive officer. Examples include but are not limited to
broad-based corruption, conspiracy among employees, or offenses involving or
including high-ranking officers or members of government.
2.1 Page 5
VI. GENERAL CONDUCT
A. Performance Prohibitions
1. As appropriate, disciplinary action may be taken for any of the following
reasons:
a. Incompetent or inefficient performance or dereliction of duty;
b. Insubordination, discourteous treatment of the public or a fellow
employee, or any act of omission or commission of similar nature
which discredits or injures the public. (Insubordination may also
consist of direct, tacit, or constructive refusal to do assigned work.)
c. Mental or physical unfitness for the position which the employee
holds.
d. Conviction of a felony or misdemeanor involving conduct amounting
to moral turpitude (see III.A), or a pattern of misconduct as displayed
by series of misdemeanor convictions.
e. Failure to report to an appropriate superior authority incompetence,
misconduct, inefficiency, neglect of duty, moral turpitude, or any
other form of misconduct or negligence of which the employee has
knowledge.
f. Failure of a supervisory employee to take corrective action regarding
employees under his or her supervision who may be guilty of any
form of neglect of duty or misconduct where the supervisor knows or
should have known of the dereliction.
2. Nothing in these rules and regulations limits the charges against employees
because the alleged act or omission does not specifically appear in this
manual, other orders or policies of the department, or in the laws or
ordinances of which the department is responsible to enforce.
3. No member of the department shall be a member of any organization which
advocates the violent overthrow of the government of the United States, the
State of Texas, or any unit of local government, or participate in any
organization which has a purpose, aim, objective, or any practices which are
contrary to the obligations of a law enforcement officer under these rules and
regulations.
2.1 Page 6
B. Obedience to Rules of Conduct, laws and orders
All employees, regardless of rank or assignment, shall be governed by the
following general rules of conduct. Violation of any of these rules by any
officer of the department shall be considered sufficient cause for
dismissal, demotion, suspension, or other disciplinary action.
1. Obedience to Laws. Employees shall abide by the laws of the United
States and the State of Texas as well as the ordinances of the City of
Sweetwater.
2. Adherence to Departmental Rules. Employees shall abide by the rules of
the Civil Service Commission, the City Personnel Rules, and the Policy
and Procedure Manual and other properly issued internal directives of the
Police Department.
3. Applicability of Rules. Certain rules may not apply in undercover police
assignments specifically authorized by supervisors in accordance with this
Policy Manual. Officers will be strictly accountable for justifying their
actions.
4. Insubordination. Employees shall promptly obey all lawful orders and
directions given by supervisors and radio dispatchers. The failure or
deliberate refusal of employees to obey such orders shall be deemed
insubordination and is prohibited. Flouting the authority of a supervisor
by displaying obvious disrespect or by disputing their orders shall likewise
be deemed insubordination. (TBP: 1.08)
5. Issuance of Unlawful Orders. No commanding or supervisory employee
shall knowingly or willfully issue an order that violates a federal or state
law, a city ordinance, or a departmental rule or policy.
6. Obedience to Unjust or Improper Orders. If an employee receives an
order he believes is unjust or contrary to a departmental General Order or
rule, he must first obey the order to the best of his ability and then may
appeal the order to the Chief of Police via the proper chain-of-command.
7. Obedience to Unlawful Orders. No employee is required to obey an order
that is contrary to the laws of the United States or the State of Texas or the
ordinances of the City of Sweetwater. If an employee receives an
unlawful order, they shall report in writing the full facts of the incident
and their actions to the Chief of Police via the chain-of-command.
2.1 Page 7
8. Conflicts of Orders. If an employee receives an order that conflicts with
one previously given them by a supervisor, the employee receiving the
order shall respectfully point this out to the supervisor who gave the
second order. If the supervisor giving the second order does not change
the order in a way that eliminates the conflict, the second order shall stand
and shall be the responsibility of the second supervisor. If the second
supervisor so directs, the second order shall be obeyed first. Orders shall
be countermanded only when necessary for the good of the department.
(TBP: 1.08)
C. Attention to Duty
1. Performance of Duty. Employees shall be attentive to their duties at all
times, and shall perform all duties assigned to them, even if such duties
are not specifically assigned to them in any departmental rules or
procedures manual.
2. Duty of Supervisors. Supervisors will enforce the rules, regulations, and
policies of the Sweetwater Police Department. They will not permit, or
otherwise fail to prevent, violations of the law, departmental rules, policies
or procedures. They will report violations of departmental rules, policies,
or procedures to their immediate superior without delay. Where possible,
they will actively prevent such violations or interrupt them as necessary to
ensure efficient, orderly operations.
3. Conduct and Behavior. Employees whether on-duty or off-duty shall
follow the ordinary and reasonable rules of good conduct and behavior
and shall not commit any act in an official or private capacity tending to
bring reproach, discredit, or embarrassment to their profession or the
department. Employees shall follow established procedures in carrying out
their duties as police officers and/or employees of the department, and
shall at all time use sound judgment.
4. Responsibility to Serve the Public. Employees shall promptly serve the
public by providing direction, counsel and other assistance that does not
interfere with the discharge of their duties. They shall make every attempt
to respond to the inquiry or request for assistance themselves.
5. Responsibility to Respect the Rights of Others. Employees shall respect
the rights of individuals, and shall not engage in discrimination,
oppression or favoritism. Employees shall maintain a strictly impartial
attitude toward all persons with whom they come in to contact with in an
official capacity. (TBP: 2.17)
2.1 Page 8
6. Truthfulness. Members shall be truthful in all official verbal and written
communications and reports. Employees will be truthful in any court
related testimony or agency investigations. (TBP: 2.14) Officers who are
undercover or conducting interviews or interrogations may find it necessary
to provide inaccurate information in order to maintain their cover or
determine the truthfulness or veracity of a subject.
7. Officers Always Subject to Duty. Officers shall at all times respond to the
lawful orders of supervisors, and to the call of individuals in need of
police assistance. The fact that they may be off-duty shall not relieve
them from the responsibility of taking prompt and proper police action or
from being recalled to duty as needed.
a. The above shall not be construed to include enforcement of laws of
a Class "C" misdemeanor nature, or traffic offenses except for
breach of the peace, theft, or assault.
b. While off-duty, or in their personal vehicle, officers shall not
enforce, or take any police action to enforce Class C traffic
offenses.
8. Officers Required to Take Action. Except where expressly prohibited,
Officers are required to take prompt and effective police action
conforming to departmental policy with respect to violations of laws and
ordinances coming to their attention or of which they have knowledge.
Officers shall promptly and punctually perform all official duties. Officers
shall render, or cause to be rendered, medical assistance to any injured
person.
9. Reporting for Duty. Employees shall promptly report for duty properly
prepared at the time and place required by assignments, training,
subpoenas, or orders. Line officers shall remain at their posts or place of
assignment until properly relieved by another officer or dismissed by a
supervisor. All other officers and employees shall promptly report for
duty properly prepared at the time and place required by assignment and
shall remain at their post, place of assignment, or otherwise engaged in
their duty assignment until having completed their tour of duty as set by
established procedures or dismissed by a supervisor. Employees are subject
to emergency recall and shall report for duty during emergencies when so
notified by a supervisor or the Chief of Police. (TBP: 2.16, 2.22)
10. Exceptional leave. Employees shall, in situations requiring emergency leave
or sick leave, notify their supervisors of the circumstances as soon as
possible. If unable to report to work, employees shall notify the on-duty
supervisor at least one hour before reporting time.
2.1 Page 9
11. Remaining Alert to Duty. While on duty or at training, employees shall
remain alert and awake, unencumbered by alcoholic beverages, prescription
drugs, illegal narcotics, or conflicts arising from off-duty employment.
12. Prohibition of Personal Business while on Duty. While on duty, officers
shall not engage in any activity or personal business which would cause
them to neglect their duty.
13. Availability While on-duty. Employees while on-duty shall not conceal
themselves except for some authorized police purpose. Employees shall
keep themselves immediately and readily available at all times while on-
duty.
14. Assistance to fellow Officers. An officer shall not display cowardice in the
line of duty or in any situation where the public or another officer might be
subjected to physical danger. Unless actually incapacitated themselves,
officers shall aid, assist, and protect fellow officers in time of danger or
under conditions where danger might be impending.
15. Prompt Response to All Calls. Officers while on-duty shall respond
without delay to all calls for police service. Calls shall be answered in
compliance with normal safety precautions, traffic laws and departmental
policy.
16. Duty to Report All Crimes and Incidents. Employees shall promptly
report all crimes, violations, emergencies, incidents, dangers, hazardous
situations and police information that come to their attention. Employees
shall not conceal, ignore or distort the facts of such crimes, violations,
emergencies, incidents and information.
17. Responsibility to Know Laws and Procedures. Employees shall know the
laws and ordinances they are charged with enforcing, all departmental
orders and rules, and the duties and procedures governing their specific
assignments.
18. Responsibility to Know Districts and Locations. Officers shall know the
location and boundaries of their assigned areas. Officers also shall be
familiar with the names and general locations of Sweetwater streets and
highways and the names and locations of hospitals and major public
buildings. Officers shall know the location of adjacent cities, counties and
general physical characteristics of Nolan county.
19. Keeping Posted on Police Matters. Each day while on-duty and
immediately upon returning from an absence, employees shall study and
become familiar with the contents of recently issued communications and
directives.
2.1 Page 10
20. Sleeping on-duty. Employees must be alert throughout their tours of duty.
Sleeping while on-duty is forbidden.
21. Assisting Criminal Activity. Employees shall not communicate in any
manner, directly or indirectly, any information that may delay an arrest or
enable persons guilty of criminal acts to escape arrest or punishment,
dispose of property or goods obtained illegally, or destroy evidence of
unlawful activity.
22. Reading on-duty. Employees shall not read newspapers, books or
magazines while on-duty and in the public view unless such reading has
been assigned by a supervisory officer.
23. Studying on-duty. Employees shall not, during their regularly assigned
working hours, engage in any studying activity that is not directly related
to their current job assignments.
24. Maintaining Communications. While officers are on-duty or officially on
call, they shall be directly available by normal means of communication,
or shall keep their office, headquarters, or supervisors informed of the
means by which they may be reached when not immediately available.
25. Reporting Accidents and Injuries. Employees shall immediately report the
following accidents and injuries: all on-duty traffic accidents in which
they are involved, all personal injuries received while on-duty, all personal
injuries not received while on-duty but which are likely to interfere with
performance of assigned duties, all property damage or injuries to other
persons that resulted from the performance of assigned duties, and all
accidents involving city equipment whether on or off-duty.
26. Report Address and Telephone Number. Employees shall have a working
telephone or other means of communication in case of emergency at their
residence, and shall register their correct residence address and telephone
number with the department on the prescribed form. Any change in
address or telephone number must be reported immediately.
27. Testifying in Departmental Investigations. When directed by a competent
authority to make a statement or furnish materials relevant to a
departmental administrative investigation, officers shall comply with the
directive.
2.1 Page 11
28. Carrying of Firearms. Except as approved by the Chief of Police or
established procedures, all officers are required to carry sidearms while
on-duty. While off-duty, officers may use their own discretion as to
whether to carry sidearms.
a. Exception: Off duty officers operating department vehicles will
carry sidearms.
29. Registration of Firearms. All weapons carried and used by officers in the
performance of their official duties must be registered with the
department. Required registration information must be kept current.
D. Cooperation with Fellow Employees and Agencies
1. Respect for Fellow Employees. Employees shall treat other members of
the department with respect. They shall be courteous, civil and respectful
of their superiors, subordinates, and associates, and shall not use
threatening or insulting language.
2. Interfering with Cases or Operations. Employees shall not interfere with
cases assigned to others. Employees shall not interfere with the work or
operations of any unit in the department or the work or operations of other
governmental agencies. Employees against whom a complaint has been
made shall not directly or indirectly contact or attempt to contact for any
reason, the complainant, witness or any other persons related to the case in
an attempt to intimidate or to secure the abandonment or withdrawal of the
complaint, charges, or allegations.
E. Restrictions on Behavior
1. Interfering with Private Business. Employees, during the course of their
duties, shall not interfere with the lawful business of any person.
2. Use of Intimidation. Employees shall not use their official positions to
intimidate persons.
3. Soliciting and Accepting Gifts and Gratuities. Unless approved by the
Chief of Police, employees of the Sweetwater Police Department may not
accept any reward, gratuity, gift or other compensation for any service
performed as a result of or in conjunction with their duties as employees
of the department regardless of whether the service was performed while
said persons were on or off-duty. Employees also shall not solicit any gift,
gratuity, loan, present, fee or reward for personal gain. (TBP: 2.21)
2.1 Page 12
4. Soliciting and Accepting Gifts from Suspects and Prisoners. Employees
are strictly prohibited from soliciting or accepting any gift, gratuity, loan,
fee or other item of value, or from lending or borrowing, or from buying
or selling anything of value from or to any suspect, prisoner, defendant or
other person involved in any case, or other persons of ill repute, or
professional bondsmen, or other persons whose vocations may profit from
information obtained from the police department. (TBP: 2.21)
5. Reporting Bribe Offers. If an officer receives a bribe offer, he shall make
a written report to his commanding officer. (TBP: 2.21)
6. Accepting Gifts from Subordinates. Without approval from the Chief of
Police, employees shall not receive or accept any gift or gratuity from
subordinates, other than customary celebratory times such as holidays or
birthdays. (TBP: 2.21)
7. Soliciting Special Privileges. Employees shall not use their official
positions or identification to solicit special privileges for themselves or
others, such as free admission to places of amusement, discounts on
purchases, or free or discounted meals or refreshments. (TBP: 2.21)
8. Personal Use of Police Power. Officers shall not use their police powers
to resolve personal grievances (e.g., those involving the officer, family
members, relatives, or friends) except under circumstances that would
justify the use of self-defense, actions to prevent injury to another person,
or when a serious offense has been committed that would justify an arrest.
In all other cases, officers shall summon on-duty police personnel and a
supervisor in cases where there is personal involvement that would
reasonably require law enforcement intervention.
9. Giving Testimonials and Seeking Publicity. Employees representing
themselves as members of the Sweetwater Police Department shall not
give testimonials or permit their names or photographs to be used for
commercial advertising purposes. Employees also shall not seek personal
publicity either directly or indirectly in the course of their employment.
10. Soliciting Business. Employees shall not, while on-duty, solicit
subscriptions, sell books, papers, tickets, merchandise or other items of
value nor collect or receive money or items of value for any personal gain
to themselves or others. Employees may solicit for projects related to
charitable fundraising, but only when done in a manner not to disrupt the
workplace and only with the approval of the Chief of Police.
11. Drinking on-duty. Employees shall not drink any intoxicating beverages
while on-duty. (TBP: 2.19)
2.1 Page 13
12. Intoxication. Employees shall not be under the influence of any
intoxicating beverage or substance during their tour of duty or
immediately prior to their tour of duty. Nor shall officers be intoxicated
off-duty while in the public view. While off-duty, officers that have
consumed an alcoholic beverage to the extent that their mental and
physical faculties are impaired shall refrain from exercising any police
authority. Officers assigned to special units, or assignments where they
may consume alcoholic beverage during the performance of their duties
shall not do so to the extent that their mental and physical faculties are
significantly impaired. (TBP: 2.19)
13. Drinking While in Uniform. At no time shall any officer consume
alcoholic beverages while in uniform. (TBP: 2.19)
14. Liquor on Official Premises. Employees shall not bring containers of
intoxicating beverages into a Police Department building or vehicle except
as evidence. (TBP: 2.19)
15. Entering Bars, Taverns and Liquor Stores. Officers on-duty or in uniform
shall not enter or visit any bar, lounge, parlor, club, store or other
establishment whose primary purpose is the sale and on-premise
consumption of liquor unless for the purpose of official duties, and shall
not otherwise enter, remain or frequent such places. Officers on-duty or in
uniform also shall not purchase intoxicating beverages. (TBP: 2.19)
16. Drug Usage. While on or off duty, employees shall not use any illegal drug
or any controlled drug not prescribed by a physician. Employees shall notify
their supervisor if they are using any prescribed drug or any other medication
or medical device that the employee believes (or has been informed by a
physician or prescription label) might impair their driving or critical decision
making. (TBP: 2.20)
17. Tobacco Use. Smoking is prohibited in all office and building areas under
departmental control and occupied by department employees, except in
designated smoking areas. Smoking is prohibited in all city offices and
vehicles.
18. Public Tobacco use Prohibited. Officers shall not smoke or otherwise use
tobacco products while engaged in traffic control, on an investigation, or
while otherwise in contact with the public.
19. Playing Games on-duty. Officers on-duty or in uniform shall not engage
in any games of cards, billiards, pool, dominoes, electronic arcade games,
portable electronic games, computer games including both internally
programmed games such as solitaire or Internet based games, or other
games.
2.1 Page 14
20. Political Activity. While in uniform or on-duty, employees or any
department volunteer are not allowed to actively participate (e.g., make
political speeches, pass out campaign or other political literature, write
letters, sign petitions, actively and openly solicit votes) in political
campaigns. (TBP: 2.15)
21. Improper Release of Information. Employees shall not communicate to any
person who is not an employee of this department any information
concerning operations, activities, or matters of law-enforcement business, the
release of which is prohibited by law or which may have an adverse impact
on law enforcement operations or officer safety.
22. Seeking Personal Preferment. Employees shall not solicit petitions,
influence or seek the intervention of any person outside the department for
purposes of personal preferment, advantage, transfer, advancement,
promotion or change of duty for themselves or for any other person.
23. Criticism of the Department. Employees shall neither publicly nor at
internal official meetings criticize or ridicule the department or its
policies, city officials or other employees by speech, writing, or other
expression, where such speech, writing, or other expression is defamatory,
obscene, unlawful, undermines the effectiveness of the department,
interferes with the maintenance of discipline, or is made with reckless
disregard for truth or falsity.
24. Disruptive Activities. Employees shall not perform any action that tend to
disrupt the performance of official duties and obligations of employees of
the department or which tend to interfere with or subvert the reasonable
supervision or proper discipline of employees of the department.
25. Operation and Use of Police Radios. Operation and use of police radios is
restricted to authorized and official police business. Personal
conversations, or using vulgar, sarcastic or obscene language, or making
unnecessary sounds are not permitted.
26. Use of Racial Jokes and Slurs. No employee shall engage in any form of
speech likely to be construed as a racial, ethnic or religious slur or joke,
whether in the presence of the public or of other employees.
27. Use of Force. Officers shall use only that amount of force reasonably
necessary to accomplish their police mission.
2.1 Page 15
28. Indebtedness to Subordinates. Supervisors shall not become indebted to
their immediate subordinates.
29. Personal Relationships Prohibited with Certain Persons. Employees shall
not become personally involved or develop a personal or social relationship
with a victim, suspect, witness, or defendant while any case is being
investigated or prosecuted as a result of such investigation.. (TBP: 2.18)
30. Duty to be Kind, Courteous, and Patient. Employees shall at all times be
courteous, kind, patient, and respectful in dealing with the public.
Employees shall strive to win the respect of all members of the community
in the discharge of their official duties. When addressed, employees shall
avoid answering questions in a short or abrupt manner, and shall not use
harsh, coarse, violent, profane, indecent, suggestive, sarcastic, or insulting
language.
F. Identification and Recognition
1. Giving Name and Badge Number. Officers shall give their name, badge
number and other pertinent information to any person requesting such
facts unless doing so would jeopardize the successful completion of a
police assignment.
2. Carrying Official Identification. Officers shall carry their official
identification on their persons at all times. All employees will carry their
official identification on or about their persons while on-duty.
3. Personal Cards. Employees are not permitted to have or use personal
cards showing their connection to the department if such cards bear any
information not directly pertaining to their work as police department
employees.
4. Exchange, Alteration or Transfer of Badge. An employees issued badge
shall not be altered or exchanged between employees or transferred to
another person except by order of the Chief of Police. Employees retiring
or resigning will not be permitted to retain their badge when doing so will
hamper normal operations of the department. All badges must be
purchased unless exempted by the Chief of Police.
5. Plainclothes Officers Identification. A uniformed officer shall neither
acknowledge nor show recognition of another police officer in civilian
clothes unless that officer first addresses the uniformed officer.
2.1 Page 16
G. Maintenance of Property
1. Use of City Property or Service. Officers shall not use or provide any city
equipment or service other than for official city business. Use of
Department assigned units 7.14 VIII.
2. Responsibility for City Property. Employees shall be responsible for the
proper care and use of department property and equipment assigned to or
used by them and shall promptly report to their supervisors any loss,
damage, destruction, or defect therein.
3. Departmental Vehicles. Employees shall operate department vehicles and
other equipment in such a manner as to avoid injury to persons or damage to
property. Whenever a police vehicle is involved in an accident, the operator
shall notify a supervisor immediately. Under no circumstances shall an
officer investigate his or her own accident. The Department of Public Safety
may be requested to investigate police involved accidents.
4. Reporting Damage. At the beginning of a tour of duty, employees shall
examine any vehicle assigned to them and report any operational
deficiencies, damage, or defects to their supervisors. Failure to report
damage or defects creates the presumption that the employee inspected the
vehicle and found no damage or defects. The employee, in this case, shall be
held responsible for the damage.
5. Responsibility for Private Property. Employees are responsible for
protecting private property or equipment that has come into their
possession by reason of their office against loss, damage, or destruction.
6. Care of Quarters. Employees shall keep their offices, lockers and desks
neat, clean and orderly.
7. Property and Evidence. Employees shall not convert to their own use,
manufacture, conceal, falsify, destroy, remove, tamper with, or withhold
any property or evidence held in connection with an investigation or other
official action except in accordance with established procedures. Any
property or evidence coming into the possession of an employee shall be
submitted to the property room prior to the end of shift.
8. Alteration or Modification of Police Equipment. Officers shall not use
any equipment that does not conform to departmental policy or
specifications. All equipment shall be carried and utilized only as issued
and authorized, and no changes, alterations, modifications or substitutions
shall be made to such equipment unless approved by the Chief of Police.
2.1 Page 17
H. Relationship with Courts and Attorneys
1. Attendance in Court. Employees shall arrive on time for all required court
appearances and be prepared to testify. Each member shall be familiar with
the laws of evidence and shall testify truthfully on any matter.
a. Notice by prosecutors staff of the requirement for officers presence
will be treated as a subpoena and officer will respond promptly to
any request.
b. Officers will respond to any Grand jury notification unless relieved
by command authority.
2. Recommending Attorneys or Bondsmen. Employees shall not suggest,
recommend, advise or counsel the retention of a specific attorney or
bondsmen to any person (except relatives) coming to their attention as a
result of police business.
3. Testifying for a Defendant. Any employee subpoenaed or requested to
testify for a criminal defendant or against the City of Sweetwater or
against the interests of the department in any hearing or trial shall
immediately notify the Chief of Police through the chain of command.
4. Interviews with Attorneys. Interviews between an officer and a
complainant's attorney about a case arising from the officer's employment
by the department shall be done in the presence of or with the knowledge
and consent of the officer's commanding officer, department legal counsel
or prosecutor.
5. Assisting and Testifying in Civil Cases. Officers shall not serve civil-
process papers nor render assistance in civil cases except as required by
law. No employee shall volunteer to testify in civil actions.
6. Notice of Lawsuits against Officers. Employees who have had a suit filed
against them because of an act performed in the line of duty shall
immediately notify the Chief of Police in writing and furnish a copy of the
complaint as well as a full and accurate account of the circumstances in
question.
7. Notice of Arrest or Citation. Employees who have become the subject of
a citation (other than traffic citations) or arrest action in any other
jurisdiction shall immediately notify the Chief of Police.
2.1 Page 18
8. Arrest of Officer from another Agency. An officer who arrests a sworn
officer of another law enforcement agency shall immediately notify his or
her own supervisor of the fact. Officers shall take whatever action is
appropriate to the circumstances including issuance of summonses or
making a physical arrest. That the person cited or arrested is a law-
enforcement officer shall make no difference.
9. Arrest of Sweetwater Officer. If an officer has probable cause to arrest a
sworn officer of our department, the officer shall first contact his or her
immediate supervisor to review and confirm probable cause. In most cases,
the officer may obtain a warrant against the suspect officer. Some occasions
may demand an immediate custodial arrest.
I. Expectation of Privacy
1. Employees shall have no expectation of personal privacy in such places as
lockers, desks, departmentally owned vehicles, file cabinets, computers, or
similar areas that are under the control and management of this law
enforcement agency. While this agency recognizes the need for officers to
occasionally store personal items in such areas, officers should be aware
that these and similar places may be inspected or otherwise enteredto
meet operational needs, internal investigatory requirements, or for other
reasonsat the direction of the agency chief executive or his or her
designee.
2. No member of this agency shall maintain files or duplicate copies of
official agency files in either manual or electronic formats at his or her
place of residence or in other locations outside the confines of this agency
without express permission.
2.3 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 2.3 Sexual or Other Illegal Harassment
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: TBP 2.11
I. POLICY
The department's policy is to provide a professional, businesslike work environment free from
all forms of employee discrimination including incidents of sexual or other forms of illegal
harassment. No employee shall be subjected to unsolicited or un-welcomed sexual overtures or
conduct either verbal or physical. The harassing behavior, to be subject to this order, need not
occur only during work hours on agency premises, but may occur before or after work at other
locations. Sexual or other unlawful harassment, regardless of the type, is misconduct and the
department shall apply appropriate disciplinary sanctions.
II. PURPOSE
To define and give examples of sexual and other unlawful harassment, outline prohibited
behavior, and describe reporting procedures. (TBP: 2.11)
III. DEFINITIONS
A. Sexual harassment
The Civil Rights Act of 1964 prohibits discrimination based on color, race, religion, age,
national origin, and sex. Sexual harassment is a form of sex discrimination, defined as
unwelcome sexual advances, requests for favors, and other verbal or physical conduct
that enters into employment decisions, or conduct that unreasonably interferes with an
employee's work performance or which creates an intimidating, hostile, or offensive
working environment. Two kinds of sexual harassment apply; quid pro quo harassment
and hostile work environment harassment, defined below. The two forms of harassment
may overlap.
2.3 Page 2
B. Quid pro quo harassment
This form of harassment occurs when an employee is being pressured to engage in
sexual conduct or else lose a tangible job benefit. (Quid pro quo means "something for
something.") This form of harassment usually occurs between a supervisor and a
subordinate where the harasser has power to control the employee's work benefits or
conditions. Note that this form of harassment is not limited to express demands for
sexual favors, but may be implied by circumstances (e.g., offering an employee sexually
explicit magazines).
Examples of this form of harassment include a request for sexual favors, accompanied
by implied or overt threats concerning a person's employment status, or promise of
preferential treatment in terms of benefits or status; granting job favors to those who
participate in consensual sexual activity while penalizing those who refuse to participate;
unwanted, intentional touching (patting, massaging, rubbing, hugging, pinching);
telephoning or following an employee, during work hours or not, and either harassing
the employee or requesting sexual favors.
C. Hostile work environment harassment
This form of harassment is unwelcome conduct that is so severe or pervasive as to
change the conditions of the victim's employment, thus creating an intimidating, hostile,
or offensive work environment.
A hostile environment exists when the employer tolerates unwelcome, pervasive
conduct including sexual comments of a provocative or suggestive nature; jokes or
innuendos intended for and directed to another employee; leaving sexually explicit
books, magazines, photographs where employees will find them; unwelcome demeaning
comments (such as talking about physical attributes), ridicule, offensive language,
propositions or other similar actions; unwanted, unwarranted, unsolicited off-duty
telephone calls and contact; signed or anonymous notes or drawings placed on or in
desks, bulletin boards, or in lockers; deliberately singling out women in front of men co-
workers (or vice versa) and subjecting them to demeaning or derogatory remarks.
2.3 Page 3
IV. PROHIBITED CONDUCT
A. Employees shall not commit or participate in any form of sexual or other illegal
harassment.
B. The department considers romantic relationships between supervisors and
subordinates potentially non-consensual. Personal relationships between supervisors
and subordinates should be brought to the attention of the Chief of Police at the
earliest point and determine a proper course of action. Failure to do so may result in
discipline.
C. Supervisors shall ensure that pornographic or suggestive photographs, illustrations,
or cartoons shall not be posted or kept in any area of the department including locker
rooms, desks, offices or other locations. Materials of this kind used for investigative
purposes shall be properly secured according to evidentiary standards.
D. Supervisors shall order employees on department premises who are making sexually
hostile comments, or degrading remarks about other persons of the same or opposite
sex to cease doing so or face discipline.
E. Employees shall avoid inappropriate physical contact with one another unless
required by a training situation or police procedure. Kissing, back rubbing,
embracing, and other unnecessary touching are prohibited on department premises
or while on duty.
F. Personnel shall not retaliate against any person for reporting sexual harassment,
giving testimony, or participating in the investigation. Retaliation in any form shall
result in discipline.
2.3 Page 4
V. PROCEDURES
A. Employee Responsibilities
1. An employee who believes he or she has been sexually harassed should first
tell the offender to cease the inappropriate behavior, although circumstances
may not always allow the complainant to make this request. If the conduct
does not stop, or if the complainant is unable to confront the offender, the
complainant shall contact his or her own immediate supervisor. The
employee or supervisor shall immediately submit a memorandum to the
Chief of Police through the chain of command detailing circumstances.
Employees may also report incidents of harassment directly to the Chief of
Police, City Manager or Human Resources Director if the offender is a
higher ranking member of the department. If a supervisor learns of an
incident of harassment, he or she shall report the matter to the Chief of
Police even if the victim did not submit a complaint.
2. If the complainant is not an employee of the department, the complaint itself
is considered no less valid and shall be investigated according to the
procedures set forth in this order and in Policy 2.4.
3. Employees must understand that sexual harassment can become a criminal
matter. Allegations of stalking, assault, and sexual assault shall be handled
immediately as criminal investigations.
4. Each employee of this agency is responsible for assisting in the prevention
of harassment and discrimination by:
a. refraining from participation in or encouragement of action that
could be perceived as harassment and discrimination;
b. reporting observed acts of harassment and discrimination to a
supervisor, and
c. encouraging any employee who confides that he or she is being
harassed or discriminated against to report these acts to a
supervisor.
5. Failure of any employee to carry out their responsibilities as defined in
this policy and the City Policy on Sexual and other unlawful harassment will
be considered in any performance evaluation or promotional decision and
may be grounds for discipline.
2.3 Page 5
B. Supervisor Responsibilities:
1. Although all employees shall be responsible for preventing harassment
and/or discrimination, supervisors shall be responsible for:
a. advising employees on the types of behavior prohibited and the
agency procedures for reporting and resolving complaints of
harassment and discrimination;
b. monitoring the work environment on a daily basis for signs that
harassment and discrimination may be occurring; stopping any
observed acts that may be considered harassment and
discrimination, and
c. taking appropriate steps to intervene, whether or not the involved
employees are within his/her line of supervision; and
d. utilizing all reasonable means to prevent a prohibited act from
occurring when he or she knows or should know that an employee
will or may perform such an activity.
e. taking immediate action to prevent retaliation towards the
complaining party and to eliminate the hostile work environment
where there has been a complaint of harassment and/or
discrimination.
2. No supervisor shall make any employment decision that affects the terms,
conditions, or privileges or responsibilities of an individuals employment
based on the basis of that persons race, sex, religion, national origin,
color, sexual orientation, age or disability.
3. If a situation requires separation of the parties, care should be taken to
avoid action that punishes or appears to punish the complainant. Transfer
or reassignment of any of the parties involved should be voluntary if
possible and, if non-voluntary, should be temporary pending the outcome
of the investigation.
4. Any proscribed conduct covered by this policy and the City Policy on
Sexual and other unlawful harassment that comes to the attention of a
supervisor shall result in an investigation.
5. Each supervisor has the responsibility to assist any employee of this
agency who comes to that supervisor with a complaint of harassment and
discrimination in documenting and filing a complaint.
2.3 Page 6
C. Mandatory reporting:
1. The city requires that employees report all perceived incidents of
harassment, employees will follow the guidelines established by this policy
and the City of Sweetwater Employee Policy Manual.
D. When an employee reports an allegation of sexual harassment, a confidential internal
investigation shall begin immediately.
1. The Chief of Police shall immediately take action to limit the concerned
employees from any further work contact with the alleged offender.
2. The Chief of Police shall conduct an investigation pursuant to the provisions
of Policy 2.4.
3. If the sexual harassment allegation is not resolved to the satisfaction of the
complainant, employees may invoke the grievance procedure.
E. The Chief of Police shall report such allegations to the City Manager without delay.
VI. TRAINING
The department will provide ongoing training, at least biennially, on sexual and other
unlawful harassment, reporting, and investigation procedures. New hire employees will
receive a program of instruction concerning Department and city policy concerning
sexual and other unlawful harassment.
3.1 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 3.1 Basic Training Requirements
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: TBP 1.09, 3.05, 3.06, 3.07, 3.08, 3.09, 3.18, and
8.11.
I. POLICY
Todays society is both multi-faceted and complex. In order to provide effective law
enforcement services it is imperative that officers as well as non-sworn employees have the
training necessary to accomplish their mission. The Sweetwater Police Department is
committed to providing the training necessary to meet and exceed State requirements and
contribute to employees career goals.
II. PURPOSE
To provide members of the department with details of the training required by the department
and the individuals responsibilities with regard to maintaining that training.
III. REQUIRED TRAINING
A. Basic Training
1. Sworn members of the Department are required to have a Peace Officer
license issued by the Texas Commission on Law Enforcement. This license
currently requires officers to attend a Basic Peace Officers course and pass a
Commission Licensing Examination. Officers hired by the department must
obtain their Peace Officer license within one year from their date of hire if
not already licensed. Officers must possess their Peace Officer License prior
to performing any law enforcement duty or function. (TBP: 1.09)
2. Previously licensed officers who apply for employment must have their
license in good standing, all in-service training completed or the ability to
complete in-service requirements prior to the end of the Commission
training cycle which ends August 31, of odd numbered years.
3.1 Page 2
3. In addition to training required for licensing, all sworn officers and reserves
will complete the National Incident Management System training,
appropriate for their rank, prior to completion of field training, or prior to
completion of promotional probation in the event of promotion to a higher
rank. (TBP: 8.11)
B. Field Training
1. All sworn members of the Department are required to complete the
departments Field Training Program as outlined in Policy 3.2 within the
time period specified.
2. Officers with prior experience may qualify for an expedited Field Training if
they are able to demonstrate proficiency in all required areas.
C. In-service training (TBP: 3.06)
1. All sworn personnel of the department shall, within each Commission
training period as required by law, obtain at least 40 hours of TCLEOSE
approved training. Instruction may include:
a. A review of changes or revisions in the State Law.
b. Specialized training required at the direction of the Chief of Police or
the Commission based on assignment.
c. Supervisory training.
d. Policies and procedures.
e. Hands-on arrest and defensive tactics training.
f. Firearms training and qualifications.
g. Training required by the legislature during each four year training
cycle.
3.1 Page 3
2. Sworn personnel are responsible for obtaining the training necessary to
maintain their license and any special certifications they may hold. The
department will provide officers with the training or provide the time and
funding necessary to obtain the training. Much of the required training can be
obtained on-line from the Commission website. Reserve Officers will meet
the same in-service training requirements as regular officers. (TBP: 3.07)
3. Officers are required to maintain at least 60 hours of in-service training per
fiscal year to remain eligible for educational incentive pay. Communications
officers are required to maintain 40 hours of in-service training per fiscal year
to remain eligible for educational incentive pay.
D. Supervisory Training (TBP: 3.09)
All employees, sworn or non-sworn, when promoted to any supervisory rank will be
provided supervisory training appropriate to their rank and position within 12
months of their promotion.
E. Civilian personnel (TBP: 3.08)
1. All newly-appointed civilian personnel will receive the following training
from the Chief or his designee:
a. Orientation to the department's role, purpose, goals, policies, and
procedures.
b. Working conditions, rules, and regulations.
c. Responsibilities and rights of employees.
2. Non-Sworn Communicators and Communications Supervisors will
complete Commissions Basic Tele-Communicators and TCIC/NCIC Full
Operators training within 180 days of hire date ( depending on availability of
training courses). (TBP: 3.18)
3. Records personnel or personnel assigned to records processing will complete
a course in State Open Records and Records Retention within 90 days of
hire.
3.1 Page 4
4. Any other non-sworn personnel who have state required or job specific
training will be provided that training either prior to job assignment or
within 180 days of assignment. (depending on availability of training
courses).
a. Animal control will complete State required Basic animal control
course and maintain 30 hours within every three (3) year period.
IV. TRAININGEXPECTATIONS
A. Attendance
Personnel are expected to attend any assigned training programs. Attendance will
be documented either by the instructor or in cases where the training is at location
other than the department, documentation will be furnished by those responsible for
the training. There are cases where attendance at a training program may be
excused, such as for court appearance or sickness. Any absence must be properly
excused by the administrators of the program. Any time lost must be made up
before any certificate of completion is issued. Certificates will be issued to those
students who complete any training program. Employees shall provide a copy of
any certificates to the department for inclusion in the employee's training file.
B. Expenses
With the exception of paper and pencils or pens, all expenses incurred by
department personnel as a result of required training will be reimbursed based on
actual expense (receipts must be provided) or in the case of mileage where
personnel are required to use their personal vehicles, the rate will be the current city
mileage rate.
3.1 Page 5
V. DEPARTMENTAL TRAINING
A. Performance-based training
The Commission requires performance-based training. This method of training
requires the development of performance objectives. The use of performance
objectives acquaints the training participants with the information they are required
to know, the skills that must be demonstrated, and the circumstances under which
the skills will be used. This approach also enables the instructors to relate training
directly to the job performance that will be expected by supervisors. An employee
who develops an outline for instruction of a topic must develop objectives which:
1. Focus on the elements of the job-task analysis for which training is needed.
2. Provide clear statements of what is to be learned.
3. Provide the basis for evaluating the participants.
4. Provide the basis for evaluating the effectiveness of the training program.
B. Lesson plans
1. Lesson plans are required for all training courses conducted or sponsored by
the department. It is the responsibility of the individual instructor, whether a
member of the department or not, to provide the Training supervisor or
designee, with a copy of the lesson plan for approval before each class. A
copy of the lesson plan will be maintained along with rosters of personnel
attending the training.
2. The lesson plan should include a statement of performance objectives, the
content of the training, specification of the appropriate instructional
techniques, references, relationships to the job tasks, responsibilities of the
participants for the material taught, and plans for evaluation of the
participants. The instructional techniques that might be used include:
a. Conferences (debate, discussion groups, panels and seminars).
b. Field experiences (field trips, interviews, operational experiences
and observations).
c. Presentations (lectures, lecture-discussion, lecture-demonstration).
d. Problem investigations (committee inquiry, critical incidents).
e. Simulations (case study, simulation, games, and role-play).
3.1 Page 6
C. Instructors
1. Instructors for all department training programs shall:
a. Have a minimum of two years law-enforcement experience, or
b. Have completed a TCLEOSE instructor's course and be certified as
an instructor, or
c. Possess a demonstrated skill in an area of instruction, or
d. Be knowledgeable of teaching theories, methods, and practices and
have some knowledge of law-enforcement practices.
2. Instructors enlisted from outside the department shall be approved by the
Chief or designee. The instructor must have demonstrated skill in his/her
area of instruction and comply with requirements for lesson plans as
previously stated. Any compensation will be determined by the Chief of
Police.
3. Before being allowed to instruct any state-mandated courses at the
department, instructors shall receive, at a minimum, training in:
a. Lesson plan development.
b. Development of performance objectives.
c. Instructional techniques.
d. Learning theory.
e. Testing and evaluation techniques.
f. Resources.
4. Normally, officers selected and trained as instructors in a particular subject
will be expected to teach it when needed for a minimum of two years.
VI. REMEDIAL TRAINING
A. Remedial training is directed at solving or curing a particular problem or improving
performance in a particular area, within a designated time and with clearly defined,
expected results.
B. Remedial training may be assigned as a result of discipline or counseling.
3.1 Page 7
VII. TRAININGRECORDS (TBP: 3.05)
A. Training records
1. The Lieutenant, or his designee, shall maintain, a training record for each
employee which includes:
a. The date of training.
b. The type and hours of training received.
c. A copy of any certificate received.
The Commissions TCLEDDS will be used for sworn members of the
department. Non-sworn members will have a separate file maintained.
2. The Lieutenant, or designee, shall maintain files on all in-house training
courses or presentations, including:
a. Course content (lesson plans).
b. Personnel attending.
c. Any performance measures as ascertained through tests or
demonstrations.
3.2 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 3.2 Field Training
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: TBP 3.12, 3.13, 3.14, 3.15, and 3.16
I. POLICY
It is the policy of the Sweetwater Police Department that all employees receive such training as
mandated by the State and adequate additional instruction in all areas required for the proper
performance of their specific job tasks.
Officers receive their basic peace officer training in an academy setting. While this training is
essential to the making of a competent police officer, additional training is needed to familiarize
any officer, regardless of prior experience, with the operational policies, procedures, and practices
of this department and this community.
This training takes place during a Field Training Program. Experienced Officers who have been
trained as Field Training Officers are used to instruct new officers to ensure that our officers are
trained and capable of performing their duties.
II. PURPOSE
The purpose of this order is to define the procedures to be used in the Field Training Program.
III. PROCEDURES
A. Organization and Administration
The authority and responsibility for the initial training of sworn officer shall be vested
in the Field Training Program Supervisor of the Sweetwater Police Department.
3.2 Page 2
B. Field Training Program Requirements
1. Newly hired officers, after successful completion of the basic police academy
are required to complete the Field Training Program prior to being released for
full field duty. (TBP: 3.12c)
2. The sixteen (16) week training period for new officers shall be divided into
four phases in which the officer will be rotated to each of the patrol shifts,
whenever possible. Each phase has a duration as follows:
a. Phase I Four (4) weeks (160 hrs)
b. Phase II Five (5) weeks (200 hrs)
c. Phase III Five (5) weeks (200 hrs)
d. Phase IV Two (2) weeks (80 hrs)
e. Following the successful completion of the sixteen (16) week Field
Training Program, qualified officers shall be evaluated weekly for an
additional twelve (12) weeks by their immediate supervisor. (TBP: 3.12b,
e; 3.16)
3. Newly hired officers who have at least two years prior service as a sworn
officer may complete a more abbreviated Field Training Program as
determined by the Field Training Supervisor. (TBP: 3.12d)
4. During the Field Training Program, the new officer shall receive additional
training and evaluations in such areas as department policy, procedures, rules,
regulations, patrol procedures, first aid, and victim/witness rights, etc., as
outlined in the Sweetwater Police Department Field Training Manual.
a. The Field Training Program shall identify the tasks most frequently
performed by officers and evaluate the new officers job performance
in those dimensions.
b. Standardized evaluation techniques designed to measure the new
officers competency in the required skills, knowledge, and abilities
shall be used.
c. New officers will be evaluated daily by their Field Training Officer
and the evaluation discussed with the new officer. The new officer
and FTO will sign the evaluation and it will be forwarded to the Field
Training Supervisor for filing. If the new officer disagrees with any
comments or ratings, the new officer may note the disagreement on the
form and request review by the Field Training Supervisor. (TBP: 3.15)
5. The field training period may be extended when the performance of the new
officer indicates additional training is needed, as indicated in the FTO
evaluations.
3.2 Page 3
6. New employees shall be informed of the activities and actions involved in the
accreditation process as part of their orientation period with the department.
7. The Field Training Supervisor will maintain communication with the FTO's
for the purpose of assisting with training problems and for conducting end of
phase evaluations at the termination of each of the four training phases. The
Field Training Supervisor will maintain responsibility of the training files
containing the FTO evaluations.
8. All reserve officers are required to successfully complete a structured Field
Training Program within a three (30 year period..
9. Reserve officers are required to complete a minimum of 640 hours of field
training divided into the four (4) phases. This minimum 640 hour four (4)
phase training must be completed within three years of completion of the
reserve academy or appointment as a reserve officer. If the reserve officer fails
to complete the FTO Program within the three year period without reasonable
justification, or if the reserve officer is failing to progress through the field
training program due to performance problems, a recommendation of
termination will be made by the Field Training Supervisor to the Support
Chief of Police.
10. Following the successful completion of the minimum 640 field training
program, reserve officers will be evaluated monthly for an additional six
months by an FTO or the FTO supervisor.
11. The field training period may be extended when the performance of the
reserve officer indicates additional training is needed, as indicated in the FTO
evaluations.
C. Field Training Officer Selection and Training
1. The Chief of Police will solicit recommendations from departmental
supervisors. The Chief will review prior performance evaluations, activity
levels, any complaints and commendations as well as advanced training. The
Chief will interview potential candidates and make a determination based on
the best interests of the department. Selection of Field Training Officers will
be based on the best officers available for the assignment and those that
represent the true mission and values of the department. (TBP: 3.12a)
2. FTO Training. All officers assigned as FTO's will successfully complete an
approved training program that meets TCLEOSE standards prior to receiving
assignment as an FTO. All officers assigned as FTOs will receive FTO
orientation training conducted by the Field Training Supervisor. (TBP: 3.13)
3.2 Page 4
3. FTOs' training effectiveness shall be evaluated by their immediate supervisor
and Field Training Supervisor.
4. FTOs shall conduct their training and make required reports and recruit
evaluations as outlined in the Field Training Officer's manual.
5. New officers shall evaluate each FTO from which they have received training
after completion of each phase in the FTO program. This shall be
accomplished in writing, as outlined in the FTO Manual, utilizing the
appropriate form.
D. Periodic Program Review
1. Each January, the Field Training Supervisor will meet with all Field Training
Officers to review the conduct of the FTO Program and determine if any
changes are required. (TBP: 3.14)
2. A report of the findings of this meeting shall be forwarded to the Chief of
Police for any action required.
4.1 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 4.1 Hiring and Selection
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: 2.23, 3.17, 4.01, 4.02, 4.03, and 4.04.
I. POLICY
The Sweetwater Police Department strives to obtain the best law-enforcement officers possible
to help achieve the department's policing goals. To that end, the department shall practice a
regimented, rigorous selection procedure while simultaneously affording equal opportunity to
everyone regardless of race, creed, color, sex, national origin, sexual orientation, or age. The
department does not discriminate against people with disabilities and affords them the same
access to employment provided to all persons. All personnel who participate in screening and
hiring applicants shall be guided by fairness, equal opportunity, and consistency in applying the
procedures set forth in this order.
II. PURPOSE
The purpose of this order is to outline minimum hiring requirements and selection process for
police officers and non-sworn members of the department.
III. DEFINITIONS
A. Disability
A physical or mental impairment that substantially limits one or more of the major life
activities.
B. Good moral character
The attributes of a prospective employee that enhance his or her value to the department
and the goals of community-oriented policing which include honesty, integrity,
truthfulness, obedience to the oath of office and the code of ethics, respect for authority,
and respect for the rights of others.
4.1 Page 2
IV. QUALIFICATIONS FOR EMPLOYMENT
A. The minimum qualifications that all applicants for the position of police officer must
meet include the following:
1. Age of 21.
2. High school graduate or GED.
3. Pass a written examination.
4. Pass a background investigation which includes the following:
a. Personal and family history;
b. Credit history, including current creditors;
c. Education, including all schools attended and degrees or certificates
obtained;
d. All residences for the past ten years;
e. Comprehensive employment history;
f. A fingerprint-based criminal history search, including all arrests,
locations, dates, and dispositions;
g. Traffic summonses and accidents, and
h. An inquiry of family, friends, and associates as to character and
reputation, plus an informal interview with the applicant's spouse or
"significant other, as well as ex-spouses.
5. Pass a physical agility test
6. Pass an oral interview.
7. Pass a physical examination, psychological screening, and drug test.
8. Be of good moral character.
a. Good moral character is determined by a favorable report following
the comprehensive background investigation. The interview shall be
employed to help evaluate good moral character. Good moral
character ensures compatibility with the department's community-
oriented policing goals.
9. Any other standards set by law or by policy of the Texas Commission on
Law Enforcement.
10. All test procedures, background investigations and hiring process will be in
compliance with Civil Service chapter 143.
4.1 Page 3
V. DISQUALIFIERS FOR EMPLOYMENT
The following are absolute disqualifiers for employment as a sworn officer.
1. Conviction or admission of any felony.
2. Conviction of any Class A or B misdemeanor in the past 10 years.
3. Conviction or admission of any illegal drug use within the past 5 years, or
use of marijuana within the past two years.
4. Conviction of family violence within the past 10 years.
5. Dishonorable discharge from the military.
VI. APPLICATION PROCESS
A. The applicant must complete the following:
1. Complete a written city application and personal history statement and
submit it to the human resources director. Copies of the following
documents will also be submitted:
a. Birth Certificate
b. Drivers License
c. High School Diploma or transcript, or GED certificate.
d. Credit information detailed in Personal History Statement.
e. Any college transcripts
f. Copy of military discharge papers
2. Arrange with City human resources director to take the written test and
appear for other selection process steps.
VII. SELECTION PROCESS
A. The Chief of Police will review the application and documents for basic
qualifications. If basic qualifications appear to be met and an opening exists, the
Chief assigns an officer to conduct a preliminary review of the candidate. If no
opening exists, the application will be placed in a file to await an opening. When an
opening occurs, the applicant may be contacted to determine if they are still
interested in the position.
4.1 Page 4
B. The employee assigned to conduct a preliminary review of the applicant shall
perform the following:
1. Obtain the applicant's driving record from DPS.
2. Have the applicant sign information release forms.
3. If the applicant has recently lived outside the county, request records checks
through agencies in the applicant's previous communities.
4. Obtain an NCIC/TCIC criminal history check.
5. Conduct any job specific testing required as follows:
a. Communications Dispatcher Typing Test.
C. The Chief of Police will meet with the applicant who best meets the need of the
department and conducts a detailed interview with the candidate. During the
interview, the Chief of Police shall consider the applicant's appearance (for neatness
and cleanliness), mannerisms, judgment, maturity, resourcefulness, and
compatibility with departmental goals. If the Chief approves, he will issue the
candidate a Conditional Offer of Employment. A copy will be given to the
applicant. The Offer of Employment is conditional upon passing:
1. A background investigation
2. A physical and drug screen, and
D. After a conditional offer of employment is made, the officer assigned to conduct the
background investigation may gain additional information from the applicant
regarding his or her prior medical problems including any workers compensation
claims and conditions. The officer will then conduct a detailed background
investigation.
E. Upon completion of all testing and the background investigation, the applicants file
will be returned to the Chief of Police for the final decision.
F. Following a medical examination, an offer of employment may be withdrawn if the
applicant cannot perform the core job functions or poses a "direct threat" in the
workplace (per EEOC guidelines, "a significant risk of substantial harm to the
individual or others that cannot be eliminated or reduced . . . through reasonable
accommodation"). The Chief must base the threat on medical knowledge, not just
speculation.
G. If the individual is approved for hire, the Chief will make all the necessary
arrangements for processing a new employee. If the individual is not selected, a
letter will be sent to the applicant advising him or her that the Conditional Offer of
Employment has been withdrawn and the reason stated plainly.
4.1 Page 5
VIII. PERSONNEL RECORDS
A. For each employee, the department maintains a personnel file. This file contains the
background investigation package, a copy of all forms completed during the hiring
process, all evaluations, disciplinary action amounting to a written reprimand or
higher, leave/attendance record, and assignments. The original of the officers
background investigation and all selection materials is contained in this file and is
confidential.
B. All TCLEOSE required documents are maintained in a secure file by the Chief of
Police or his designee. (TBP: 2.23, 4.04)
C. The Chief of Police or his designee maintains and controls all personnel records.
The department complies with the records retention schedule set by state law and
city policy. (TBP: 4.04)
D. Employees may review their records at any reasonable time upon request. The
Chief may release a copy of a record from file upon obtaining a signed authorization
from the employee.
E. All personnel records are considered confidential. Supervisory or investigative
personnel who have a need to review sensitive information may do so only with the
express approval of the Chief of Police.
F. If the Chief deems it necessary to include derogatory information in a personnel file,
he/she shall notify the employee of the fact in writing. The employee may protest
the inclusion of such information in writing to the Chief. Probationary employees
have no right of protest in such matters.
G. Personnel records are permanent property of the department.
H. Officers from the department may terminate employment and seek a lateral hire with
another agency. Requests for employment information on these officers shall be
referred to the Chief. The Chief shall disclose the employee's performance record
consistent with current law.
I. Records of unsuccessful applicants shall be maintained, including all test results, in a
confidential file by the Chief of Police. These records are releasable to other law
enforcement agencies when requested and a properly executed release form is
obtained from the subject of the records. (TBP: 4.04)
4.1 Page 6
J. Photographs of Sworn Officers shall not be released by the department to any
organization or media outlet, nor shall it be posted on any department website, or in
a publicly displayed department yearbook or photograph, unless the officer has
given his or her consent or signed a release to that effect. Exceptions to this
prohibition include:
1. If the officer is charged by indictment or information,
2. If the officer is a party in a Civil Service hearing or before a hearing
examiner or arbitration,
3. If the officers photograph is introduced in judicial proceedings.
4. Photographs displayed on officers Identification Cards are not considered
released as they are intended for internal use or to properly identify an
officer if required.
4.2 Page 1
SWEETWATER POLICE DEPARTMENT
Policy 4.2 Appointment and Probation
Effective Date: Replaces:
Approved: _________________________
Chief of Police
Reference: 1.09 and 2.03
I. POLICY
The Sweetwater Police Department is committed to ensuring the standards of the department are
maintained and that the people of our city are served by a competent and professional police
department.
II. PURPOSE
To provide for a systematic process for the appointment of Sworn and Non Sworn personnel.
III. PROCEDURES FOR SWORN PERSONNEL
A. Applicants that have completed the hiring process and have been approved for hire
will complete the following steps prior to being retained as full time police officers.
1. The applicant will meet with the Chief of Police and determine a starting
date.
2. On the day selected for employment, the applicant will report to the Human
Resources Director for completion of all initial paperwork.
B. Upon completion of the initial processing by Human Resources Director the new
employee will report to the police department where they will be issued the
appropriate equipment. The employee shall sign for the issued equipment.
C. The new employee shall be issued a complete and up to date copy of the General
Orders and Field Manuals.
D. The Chief shall set a time and place where the new officer shall swear the Oath of
Office before a public gathering. The new officer must take and sign the Oath of
Office before performing any law enforcement duties. (TBP: 2.03)
E. The new employee shall be assigned a training officer for initial Field Training. The
new employee will work the same hours and days off as the Field Training Officer.
4.2 Page 2
F. The new officer must possess a valid Texas Peace Officer License before
performing any law enforcement functions. If the officer begins work before
attending a basic academy and obtaining a license, he or she shall perform non-
police duties only and shall accompany experienced officers as an observer only.
(TBP: 1.09)
IV. PROCEDURES FOR NON SWORN PERSONNEL
A. Applicants that have been through the hiring process and have been approved for
hire will complete the following steps prior to being retained as full time employees.
1. The applicant will meet with the Chief of Police and determine a starting
date.
2. On the day selected for employment, the applicant will report to the Human
Resources Director for completion of all initial paperwork.
B. Upon completion of the initial processing by Human Resources Director, the new
employee will report to the police department where they will be issued any
necessary equipment for their job assignment. The employee shall sign for any
issued equipment.
C. The new employee shall be issued a complete and up to date copy of the General
Orders and Field Manuals.
D. The employee will be assigned to another employee for training as required and
shall receive training in department operations, personnel rules, and departmental
philosophy.
V. PROBATION
A. All new employees are on probation for a period of one year. Non-sworn personnel
are on probation for one year from the date of their employment. All newly-hired
police officers shall be considered on probation for one year from the date of
completion and release from Field Training.
B. An employee may be released from employment at any time during their
probationary period for any reason. Supervisors who believe a probationary
employees job performance is unsatisfactory should provide evidence of the
unsatisfactory performance to the Chief of Police for consideration at any time.
C. A new employees supervisor shall rate the new employee using the Employee
Evaluation Form at the three, six, and nine month anniversary dates from
employment for non-sworn employees. Sworn officers will be rated as required by
the Field Training Manual during the first year. The work performance of each
probationary employee shall be evaluated using valid, non-discriminatory
procedures.
4.2 Page 3
D. Prior to the end of the probationary period, the Chief of Police shall review the
performance evaluation. The Chief may approve their permanent appointment or
discharge the employee for failure of probation.
E. Probationary employees who wish to protest their performance ratings have no
grievance rights except to request an interview with the Chief of Police.