Loading...
HomeMy WebLinkAboutRes 21-37 approving policies and procedures regarding the duties, of the Marshal/School Rerource Officer, authorrzing the Town anager to Execute all Documents.TOWN OF WESTLAKE RESOLUTION NO.21-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING POLICE POLICIES AND PROCEDURES REGARDING THE DUTIES, POLICIES AND PROCEDURES OF THE WESTLAKE TOWN MARSHAL/SCHOOL RESOURCE OFFICER, AUTHORIZING THE TOWN MANAGER TO EXECUTE ANY AND ALL DOCUMENTS WHEREAS, the Town of Westlake, Texas, is a governmental entity engaged in the governmental function of providing public health, safety and welfare; and, WHEREAS, the Town Council of the Town of Westlake, Texas ("Town Council") finds that the policies approved by this Resolution is a benefit to the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town of Westlake, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council hereby approves the police policies and procedures attached as Exhibit "A" and authorizesthe Town Manager or designee to sign on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competentjurisdiction, such invalidity shall not affectthe remaining provisions hereof and the Town Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-37 Page 1 of SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25Tt"I DAY OF OCTOBER, 2021. ATTEST: Todd Wood, Town Secretary _►�iiall•:u Attorney Laura Wheat, Mayor &Ita4le& .44 R&n' Amanda DeGan, Town Manager Resolution21-37 Page 2of2 GENERAL DEFINITIONS: WESTLAKE MARSHAL'S OFFICE: The Westlake Marshal's Office is a state regulated law enforcement agency through the Texas Commission on Law enforcement (TCOLE). The Westlake Marshal's Office primary purpose isjudicial security in Westlake Municipal Court and to execute all lawful purposes issued by the Municipal Court, which includes summons, subpoenas, and traffic warrants. KELLER POLICE DEPARTMENT: The Keller Police Department is the contracted primary law enforcement agency for the Town of Westlake. TOWN MARSHAUSCHOOL RESOURCE OFFICER: The Town Marshal/School Resource Officer (SRO) serves as the chief administrator of the Westlake Marshal's Office through TCOLE and is a state licensed peaceofficeras described in the Texas Code of Criminal Procedures(CCP) 2.12 (Who are Peace Officers). The Town Marshal/SRO has all the duties and powers of a peace officer as described in CCP 2.13 (Duties and Powers). The Town Marshal/SRO also serves as the school resource officer for Westlake Academy and acts as a law enforcement liaison between Westlake Academy and the Keller Police Department. RANKING OFFICER: The Town Marshal/SRO is the highest-ranking officer in the Westlake Marshal's Office. The chain of command above the Town Marshal is the Court Administrator, Deputy Town Manager and Town Manager, in that order. LIASION: A bond or close relationship. Any form of intercommunication. BAILIFF: A person, employed by the law enforcement agency, who is responsible for the court security function, under the direction of the Municipal Judge. COURT: All areas, rooms, spaces, interior and exterior areas of buildings where judicial officers conduct trials, hearings, orotherjudicial activities. FORCE DEFINITIONS: REASONABLE FORCE: The force necessary to affect the arrest, prevent the escape of, orovercome the resistance of a person being taken into custody. PHYSICAL FORCE: The force in excess of mere touching. The type of force that could cause injury DEADLY PHYSICAL FORCE: Physical force which can be reasonably expected to cause death or serious physical injury. NON -DEADLY FORCE: The force, which is not likely to cause death or serious physical injury. RESPIRATORY NECK RESTRAINT: Compression of the trachea through the Town Marshal/SRO's wrist orforearm, generating a strangulation sensation and high degrees of pain to control or disable a person. The respiratory restraint is considered deadly force. VASCULAR NECK RESTRAINT: The application of pressure to the carotid artery, jugular vein, and/or the side of the neck with the intent or purpose of controlling a person's movement or rendering a person Resolution 21�3��� Page 3 of93 unconscious by constricting the flow of blood to and from the brain. The vascular neck restraint is considered deadly force. RESISTANCE DEFINITIONS: PASSIVE RESISTANCE: The subject is not complying with the Town Marshal/SRO's commands and is uncooperative but is taking only minimal physical action to prevent the Town Marshal/SRO from placing the subject in custody and/or taking control. Examples include standing stationary and not moving upon lawful direction, falling limply and refusing to usetheir own power to move (becoming `dead weight'), holding onto a fixed object, or locking arms to another during a protest or demonstration. ACTIVE RESISTANCE: The subjects verbal or physical actions are intended to prevent the Town Marshal/SRO from placing the suspect in custody and/or taking control but are not directed at injuring the Town Marshal/SRO. Examples include walking or running away, pushing away, blocking or breaking the Town Marshal/SRO's grip. AGGRESSIVE RESISTANCE: The suspect has displayed or engaged in conduct likely to injure the Town Marshal/SRO, themselves or another person and prevent an officer from placing the subject in custody and/or taking control. The suspect's actions are likely to result in death or serious bodily injury to the Town Marshal/SRO, themselves or another. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical injury to the Town Marshal/SRO or another. These actions include the use of a firearm, use of a blunt or bladed weapon, or extreme physical force. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which the Town Marshal/SRO reasonably believes that they may use deadly force or the threat of deadly force, in order to prevent serious bodily injury or death to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. IMMEDIATE THREAT: A perceived imminent threat in which the Town Marshal/SRO believes that they may use force or the threat of force, in order to prevent bodily injury to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. REASONABLE BELIEF DEFINITIONS: REASONABLE BELIEF: Facts or circumstances that would induce a reasonably intelligent and prudent person to believe that the facts and circumstances are as they appear. OBJECTIVELY REASONABLE: The reasonableness of the Town Marshal/SRO's use of force is based upon the totality of the circumstances known by the Town Marshal/SRO at the moment the force is used, and the officer's recovery time based on the suspects action(s). The Town Marshal/SRO will consider the severity of the crime an issue, whether the suspect poses an immediate threat to the safety of the Town Marshal/SRO or others, and whether the suspect is actively resisting arrestor attempting to flee. This standard is based on what a reasonable Town Marshal/SRO would do under similar circumstances. INJURY DEFINITIONS. - INJURY: Damage to a person; harm; wound; pain. BODILY INJURY: Physical pain, illness or any impairment of physical condition. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Resolution 21-38 Page 4 of 93 WEAPON POSITION DEFINITIONS HOLSTERED / SECURED: Weapon is secured within the Town Marshal/SRO's holster and under the Town Marshal/SRO's immediate control. UN-HOLSTERED/SUL: Weapon is held by the Town Marshal/SRO pointed towards the ground and inside a circular area about yard in diameter inside of which the Town Marshal/SRO is standing or sitting. The muzzle / weapon is not pointed at any person. READY: Weapon is held so that the muzzle / weapon is pointed forward of the Town Marshal/SRO, but the muzzle / weapon is not intentionally pointed at any person. With firearms: the safety is on and the trigger finger is outside of the trigger guard; there is no immediate deadly threat but the Town Marshal/SRO reasonably believes they may encounter an immediate deadly threat; ready position is also used after an immediate deadly threat is over (scanning) or when the Town Marshal/SRO is relatively sure the immediate deadly threat has passed. Forotherweapons: there is notan immediate threat, but the Town MarshaVSRO reasonably believes they may encounter an immediate threat; ready position is also used after an immediate threat is over (scanning) orwhen the Town Marshal/SRO is relatively sure the immediate threat has passed. This position reduces reaction time and the Town Marshal/SRO is prepared to instantly respond to an immediate threat or immediately deadly threat. ON -THREAT: Weapon is held so that the muzzle is pointed at a person reasonably perceived to bean immediate deadly threat or the weapon is pointed at a person reasonably perceived to bean immediate threat. For firearms, the safety remains on while the trigger finger is outsidethe trigger guard unless the officer is intending to immediately fire their weapon; for less lethal shotguns the safety can be off. CRITICAL INCIDENT DEFINITIONS: IN -CUSTODY DEATH: The death of an individual while in custody or while attempts to effect custody are being made. INVOLVED EMPLOYEE(S): Unless otherwise indicated, refers to those personnel who are directly involved in the incident by actions or as a direct witness to the events. OFFICER INVOLVED SHOOTING: A discharge of a firearm by an officer during a hostile encounter, while on -duty or off -duty, irrespective of injuries to suspects, officers, or third parties. SERIOUS USE OF FORCE: Any use of force/response to resistance in an official capacity that results, or is reasonably likely to result, in death, permanent or substantial injury, loss of any body part or function, or permanent disfigurements. CRIMINAL INVESTIGATOR: A detective or command level officer of a neighboring department or an investigator from another agency tasked with conducting a criminal investigation of the employee critical incident. EMPLOYEE CRITICAL INCIDENT: An incident where an employee's actions, involvement in a traffic collision in an official capacity results in serious bodily injury or death of another person, or serious use of force, whether intentionally or unintentionally, or any officer involved shooting. FIREARM/AMMUNITION DEFINITIONS: AMMUNITION: The projectiles, along with their fuses or primers that can be fired from a firearm. FIREARM: A weapon capable of firing a missile by using an explosive charge as a propellant. LESS LETHAL WEAPON: Those weapons issued by this Department to be used in an escalation of force. Resolution 21-38 Page 5 of93 LESS LETHAL IMPACT MUNITIONS: Those munitions which can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing a significant potential of causing death. PURSUIT DEFINITIONS: PURSUIT: Refers to an attempt by a police officer operating an emergency vehicle to apprehend one or more occupants of another moving motor vehicle, in which the driver of the fleeing vehicle intentionally ignored the officer's signal and attempts to avoid apprehension. AN ATTEMPT TO STOP: Refers to the reasonable effort by an officer operating an authorized emergency vehicle to communicate to the occupants of another moving motor vehicle the intent of conducting a traffic or investigative stop. When it becomes clear to the officer that the suspect(s) do not intend to stop due to rapidly increasing speed and/or driving recklessly as to endanger the safety of others, the incident will be considered a pursuit situation. The test of how much time and effort is reasonable depends on road conditions, violators' driving behavior, weather, time of day, etc. All violations should justify an attempt to stop if it is safe and reasonable to do so. FELONY: A crime that is punishable under the Texas Penal Code by death or confinement in a penitentiary for life or confinement not more than 99 years or confinement not less than 180 days. DIGITAL RECORDING DEFINITIONS: BODY WORN CAMERA (BWC): Any device that can be worn on the body and capture digital multimedia evidence. IN -CAR VIDEO CAMERA SYSTEMS: Any device attached to a police vehicle which captures digital multimedia evidence. MOBILE DIGITAL RECORDING (MDR): An electronic recording device (in car video camera system or body worn camera) that is capable of making a video and/or audio recording of interaction between department personnel and the public. The recording is stored digitally. PRIVATE SPACE: A location in which a person has reasonable expectation to be safe from uninvited intrusion or surveillance but does not include a placeto which the public has lawful access. EMERGENCY RESPONSE DEFINITIONS: CODE THREE: Proceed with haste, using emergency equipment lights and siren constantly. Speed shall be governed by conditions, safety to others, and restrictions established by State law. VEHICLE APPREHENSION DRIVING: Acceleration of a police vehicle in an effortto make contactwith violator's vehicle and insure the driver is properly notified that a police officer requires the violator vehicle to stop. PURSUIT DRIVING: The driver of a vehicle is aware that an officer driving a police vehicle with emergency lights and siren is attempting to apprehend him or her and the driver of this vehicle attempts to avoid apprehension by increasing speed or taking other evasive actions. EMERGENCY CALL: Calls involving imminent threat to life; calls indicating serious injury, or which may jeopardize human life. Use of Code Three response is permitted. NON -EMERGENCY CALL: Calls of a non -life -threatening nature. Normal driving behavior is to be followed. Resolution 21-38 Page 6 of 93 RAPID RESPONSE DEFINITIONS ACTIVE SHOOTER: One or more subjects who participate in a random or a systematic homicidal spree by demonstrating their intent to continuously harm others. The subject's overriding objective appears to be mass murder rather than other criminal conduct, such as robbery, hostage taking, etc. For the purpose of this policy, the term "active shooter" will also include anyone who uses any other deadly weapon (knife, club, bow and arrow, explosives, etc.) to systematically or randomly inflict death or serious bodily injury on others over a continuous or extended period of time. ACTIVE TERRORISM: An activity that involves an act dangerous to human life or that is potentially destructive to critical infrastructure or key resources, is a violation of the criminal law, and is intended to intimidate or coerce the civilian population; influence a government; or affect the conduct of a government by mass destruction, assassination, or kidnapping. BARRICADED PERSON: A situation in which a person(s) who is armed or believed to be armed, suicidal, or mentally unstable resists being taken into custody by barricading himself in a room, building or other location. CONTACT TEAM: An officer or group of officers who are the first line of police response in a rapid response event. Contact teams move quickly through unsecured areas bypassing the dead, wounded, and panicked citizens with the goals of locating, isolating, and neutralizing the active threat. The optimal number of officers for a contact team is four (4). DIRECT THREAT/ HOT ZONE: Any area of operation in which there is a direct and immediate threat of serious bodily injury or death to citizens and first responders. EVACUATION AREA / COLD ZONE: Any area of operation in which there is not a significantthreat to citizens or first responders. This area will include but not limited to Command, Fire/EMS personnel, Police support, and medical services. EVACUATION TEAM: The final line of police response in a rapid response event whose goal is to control the removal of innocent parties to pre -designated safe areas when the threat(s) are contained or eliminated. HOSTAGE INCIDENT: A situation in which a person(s) holds another person(s) against their will by force, threat or violence, and law enforcement officials are present at the scene attempting to obtain the release of the hostage. INDIRECT THREAT/ WARM ZONE: Any area of operation in which there is a potential threat to citizens and first responders but the threat has been mitigated by the tactical deployment of personnel and equipment. PERIMETER TEAMS (INNER AND OUTER): The third line of police response in a rapid response event whose goal is to shrink the perimeters, provide a safe area for the evacuation of injured, cutoff suspect escape routes, and allow for the evacuation of a portion of the building. RAPID RESPONSE: The swift and immediate deployment of law enforcement resources to an on -going, life threatening situation where delayed deployment could otherwise result in death or serious injury to innocent persons. RESCUE TASK FORCE (RTF): A minimum of 2 Officers and 2 EMS whose sole responsibility is to treat wounded and coordinate casualty evacuation. The rescue task force will work in coordination with incident command and will not operate in a Direct Threat / Hot Zone area. RESCUE TEAM: The second line of police response in a rapid response event whose goals are to locate injured, provide immediate treatment, triage, and evacuation if necessary. If confronted by an active threat they will respond as a contact team. The rescue team will consist of at least four (4) officers. Resolution 21-38 Page 7of93 TACTICAL EMERGENCY CASAULTY CARE (TECC): The delivery of trauma care in a high threat pre - hospital environment. MENTAL HEALTH DEFINITIONS: MENTAL ILLNESS: Any of various conditions characterized by impairment of an individual's normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma. EMERGENCY ADMISSION: Astatutodly prescribed process performed by a peace officer who has reason to believe that a person is mentally ill and is likely to injure himself or others if not immediately restrained. The officer may then take such person into custody and immediately transport such person to the nearest appropriate hospital for temporary detention and evaluation. MY HEALTH MY RESOURCES (MHMR): An independent local entity that provides services to persons with mental illness, intellectual disabilities, addictive behavior, and early childhood development delays. In addition, MHMR provides crisis intervention, case management, vocational and residential services, supported employment, drug abuse, inpatient and outpatient services, family support, physical therapy, and homeless outreach. PRISONER AND TRANSPORT DEFINITIONS: HANDICAPPED PRISONER: A person with an anatomical, physiological or mental impairment that hinders mobility. PRISONER: A person who has been arrested and taken into custody. RESTRAINING DEVICES: Equipment that is used to restrain the movement of the prisoner, such as handcuffs, waist chains, or ankle chains. SECURITY HAZARDS: Any threat to the security of the prisoner, to the facility in which he/she is held, or to others with whom the prisoner may come into contact. STRIP SEARCH: Having a prisoner remove or arrange some or all of the individual's clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarment of these persons. OTHER DEFINITIONS: FELON: A suspect that the Town Marshal/SRO has probable cause to believe has committed or is committing a crime that is punishable under the Texas Penal Code by death orconfinementin a penitentiary for life or confinement not more than 99 years or confinement not less than 180 days. IMMINENT: Near at hand; close rather than touching; on the point of happening, ready to take place. LAST RESORT: In situations in which deadly force is permissible it should be used only when any other alternative would be impractical or ineffective. PROBABLE CAUSE: Facts or circumstances that are more than mere suspicion which would lead a reasonable, intelligent and prudent person to believe that a crime is about to be, is being or has been committed. DE-ESCALATION: Taking action or communicating verbally or non -verbally during a potential force encounter in an attempt to stabilize the situation, gain voluntary compliance, and reduce the immediacy of the threat so that more time, options, and/or resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. Resolution 21-38 Page 8of93 COMPLIANCE: Actions from a person who acknowledges direction or lawful orders given and offers no resistance, agrees to a particular action or request without being forced to. BIASED POLICING OR ENFORCEMENT: The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency or any other identifiable characteristics. RACE or ETHNICITY: Means of a particular descent, including, but not limited to, Caucasian, African, Hispanic, Asian, or Native American descent. RETIRED PEACE OFFICER: As permitted by Government Code 411.199, a person who is licensed as a peace officer under Chapter 415 and who has been employed full-time as a peace officer by a law enforcement agency may apply for a certificate under this subchapter at any time after retirement HONORABLY RETIRED PEACE OFFICER: is defined as an officer of the Westlake Marshal's Office who retired with a minimum of 10 years of service as a commissioned and licensed peace officer who: had no disciplinary action pending; who did not retire in lieu of disciplinary action; who has no criminal charges pending; who did not retire in lieu of any criminal charges; and, who has no disciplinary action contemplated or taken against a Peace Officer License by the Texas Commission on Law Enforcement (TCOLE ). RESPONSE TO RESISTANCE 100.01 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy, establish procedures, and to make the rules and regulations that govern the use of deadly and non -deadly force by personnel at the Westlake Marshal's Office. B. Responsibility: It will be the responsibility of the Town Marshal/SRO to follow the procedures and to study, understand, and adhere to the rules and regulations addressed in this General Order. Resolution 21-38 Page 9 of 93 2. It will be the responsibility of the Town Marshal/SRO, prior to being authorized to carry any weapon governed by this policy, to have received, instructed and acknowledge in writing, the entire contents of the policy. The issuance and instruction of the policy will be documented by the Court Administrator. 3. It will be the responsibility of the Court Administrator to conduct instruction of this directive and to test the knowledge of all affected personnel at least once a year. DEFINITIONS: A. FORCE DEFINITIONS: REASONABLE FORCE: The force necessary to affectthe arrest, prevent the escape of, or overcome the resistance of a person being taken into custody. 2. PHYSICAL FORCE: The force in excess of mere touching. 3. DEADLY PHYSICAL FORCE: Physical force which can be reasonably expected to cause death or serious physical injury. 4. NON -DEADLY FORCE: The force, which is not likely to cause death or serious physical injury. B. RESISTANCE DEFINITIONS: PASSIVE RESISTANCE: The subject is not complying with the Town Marshal/SRO's commands and is uncooperative but is taking only minimal physical action to prevent the Town Marshal/SRO from placing the subject in custody and/or taking control. Examples include standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming 'dead weight'), holding onto a fixed object, or locking arms to another during a protest or demonstration. 2. ACTIVE RESISTANCE: The subject's verbal or physical actions are intended to prevent the Town Marshal/SRO from placing the suspect in custody and/or taking control but are not directed at injuring the Town Marshal/SRO. Examples include walking or running away, pushing away, blocking or breaking the Town Marshal/SRO's grip. 3. AGGRESSIVE RESISTANCE: The suspect has displayed or engaged in conduct likely to injure the Town Marshal/SRO, themselves or another person and prevent an officer from placing the subject in custody and/or taking control. The suspect's actions are likely to result in death or serious bodily injury to the Town Marshal/SRO, themselves or another. The Resolution 21-38 Page 10 of 93 aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical injury to the Town Marshal/SRO or another. These actions include the use of a firearm, use of a blunt or bladed weapon, or extreme physical force. 4. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which the Town Marshal/SRO reasonably believes that they may use deadly force or the threat of deadly force, in order to prevent serious bodily injury or death to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. 5. IMMEDIATE THREAT: A perceived imminent threat in which the Town Marshal/SRO believes that they may use force or the threat of force, in order to prevent bodily injury to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. C. REASONABLE BELIEF DEFINITIONS: REASONABLE BELIEF: Facts or circumstances that would induce a reasonably intelligent and prudent person to believe that the facts and circumstances are as they appear. 2. OBJECTIVELY REASONABLE: The reasonableness of the Town Marshal/SRO's use of force is based upon the totality of the circumstances known by the Town Marshal/SRO at the moment the force is used, and the officer's recovery time based on the suspect's action(s). The Town Marshal/SRO will consider the severity of the crime an issue, whether the suspect poses an immediate threat to the safety of the Town Marshal/SRO or others, and whether the suspect is actively resisting arrest or attempting to flee. This standard is based on what a reasonable Town Marshal/SRO would do under similar circumstances. D. INJURY DEFINITIONS: 1. BODILY INJURY: Physical pain, illness or any impairment of physical condition. 2. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. E. OTHER DEFINITIONS: 1. FELON: A suspect that the Town Marshal/SRO has probable cause to believe has committed or is committing a crime that is punishable under Resolution 21-38 Page 11 of93 the Texas Penal Code by death or confinement in a penitentiary for life or confinement not more than 99 years or confinement not less than 180 days. 2. IMMINENT: Near at hand; close rather than touching; on the point of happening, ready to take place. 3. LAST RESORT: In situations in which deadly force is permissible it should be used only when any other alternative would be impractical or ineffective. 4. PROBABLE CAUSE: Facts or circumstances that are more than mere suspicion which would lead a reasonable, intelligent and prudent person to believe that a crime is about to be, is being or has been committed. 5. RESPIRATORY NECK RESTRAINT: Compression of the trachea through the Town Marshal/SRO's wrist or forearm, generating a strangulation sensation and high degrees of pain to control or disable a person. The respiratory restraint is considered deadly force. 6. VASCULAR NECK RESTRAINT: The application of pressure to the carotid artery, jugular vein, and/or the side of the neck with the intent or purpose of controlling a person's movement or rendering a person unconscious by constricting the flow of blood to and from the brain. The vascular neck restraint is considered deadly force. 7. RAPID RESPONSE: The swift and immediate deployment of law enforcement resources to an on -going, life threatening situation where delayed deployment could otherwise result in death or serious injury to innocent persons. a III. POLICY: DE-ESCALATION: Taking action or communicating verbally or non - verbally during a potential force encounter in an attempt to stabilize the situation, gain voluntary compliance, and reduce the immediacy of the threat so that more time, options, and/or resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. COMPLIANCE: Actions from a person who acknowledges direction or lawful orders given and offers no resistance, agrees to a particular action or request without being forced to. A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO will only use reasonable force to accomplish lawful objectives. Resolution 21-38 Page 12 of 93 B. It will be the policy of the Westlake Marshal's Office that the rules and regulations that follow will be strictly enforced. C. It will be the policy of the Westlake Marshal's Officethat, because of the danger to innocent bystanders, warning shots are never to be fired. D. It will be the policy of the Westlake Marshal's Office that when the Town Marshal/SRO injure a subject, by use of lethal, less lethal or other use of force incidents, or the subject reports injury after a use of force incident, the Town Marshal/SRO's primary responsibility to render first aid and obtain medical assistance as soon as possible. E. It will be the policy of the Westlake Marshal's Officethat the Court Administrator shall provide instruction of this directive and to test the Town Marshal/SRO's knowledge at least once a year to ensure that the Town Marshal/SRO fully comprehends this order. IV. PROCEDURES: A. FORCE SPECTRUM: The term "force spectrum" represents a system of available options and tools that the Town Marshal/SRO can use given the totality of the circumstances that they are faced with at the given moment they decide to use force based on the Town Marshal/SRO's ability to respond to change as dictated by the suspect. The Town Marshal/SRO's response to a suspect(s)'s actions are not limited to those articulated or illustrated in this General Order. Resolution 21-38 Page 13 of93 Totality of Circumstances Physical Verbal Hand OC Spray Control Presence Persuasion Techniq ues Intermediate (Impact) Weapons Personnel make decisions about the level of force to use given the totality of the circumstances which are aware to the employee at the moment the decision must be made. Deadly Force These actions are not a continuum proceeding from a lower level to a higher level of force. Personnel act and respond based upon their perceptions of the situation. FORCE SPECTRUM B. USE OF FORCE OPTIONS: 1. Physical Presence: a. Physical Presence is the identification of authority. b. It is accomplished through the Town Marshal/SRO's appearance at a situation. This may also include the presence of back-up unit. 2. Verbal Persuasion: a. Verbal persuasion is verbal commands from the Town Marshal/SRO to a person to gain voluntary compliance. b. It is accomplished through the Town Marshal/SRO's dialogue with a subject, resulting in the Town Marshal/SRO controlling the subject and/or situation. 3. Oleoresin Capsicum (OC) Spray: a. The Town Marshal/SRO must complete an approved OC Spray training course and only then, will be issued and allowed to carry and Resolution 2 1-3 8 Page 14 of 93 use this less -lethal option. OC will be used in accordance with this instruction. b. OC may be used when force is necessary to subdue individuals who are exhibiting passive, active or aggressive resistance to the Town Marshal/SRO's physical presence and/or verbal commands, depending on the totality of the circumstances. C. OC may be used for crowd control and/or riot situations. d. OC agents should not be used on a properly restrained prisoner unless the prisoner is presenting an immediate danger to themselves or others. e. When the subject has been secured and resistance has ceased, the Town Marshal/SRO should make every reasonable effort to relieve the discomfort of the subject and any affected bystander. If conditions permit, clean water may be used to flush the eyes and other affected parts. If no water is available, fresh moving air and the body's natural actions may dissipate the discomfort. On all incidents where O.C. spray is used on any offender; the paramedics must be notified. If the subject continues to have discomfort after forty-five minutes, the subject should seek medical attention. 4. Hand Control Techniques: a. Hand Control Techniques include, but are not limited to, joint locks, pressure points, strikes/distraction techniques, as taught in accordance with recognized methods to gain compliance and control with both combative and noncompliant people. b. When confronted with a situation which may necessitate the use of physical force, consideration must be given to calling for additional personnel prior to contact. 5. Expandable Baton (ASP -Armament System and Procedure): a. The expandable baton is classified as a "deadly weapon" under Texas Penal Code 1.07 (17) because the potential forserious bodily injury exists. b. The expandable baton may be used to deter persons engaged in riotous conduct. C. The expandable baton, when properly used, is capable of delivering extremely powerful blows to stun and incapacitate an aggressive opponent displaying aggressive resistance. Resolution 21-38 Page 15 of93 d. The expandable baton is capable of delivering lethal or permanently disabling blows. Blows to the head, throat, neck, chest cavity, groin or kidney must be avoided unless the officer perceives that level of threat. e. The Town Marshal/SRO will only carry an approved ASP baton (black or chrome in finish, 7", 9", or 10" collapsed, and 21", 26" or 31" expanded. The Town Marshal/SRO is excluded from carrying the air weight model or any other similar model that has a reduced weight) and the weapon shall not be altered in any way. f. The Town Marshal/SRO must be trained and demonstrate proficiency to utilize the expandable baton, and must successfully complete retraining at least annually to continue to use the expandable baton. 6. Electronic Controlled Weapon (ECW): a. Consistent with this department's policy of using only the level of force reasonable and necessary to control or otherwise subdue violent or potentially violent individuals, the department authorizes the use of the ECW by the Town Marshal/SRO. The primary purpose for employing the ECW is to protect human lives and prevent injury to the Town Marshal/SRO and citizens. The Town Marshal/SRO, authorized to carry ECWs and use force when necessary, shall become familiar with the following guidelines for the ECW. b. Training: The ECW shall only be carried and/or used when the Town Marshal/SRO has successfully completed the department's training on the ECW. This training will be conducted by a Certified ECW instructor. All uses of the ECW shall be in compliance with the department training and applicable use of force policies. In order to maintain certification for the use of the ECW, the Town Marshal/SRO must successfully complete an annual refresher course. C. Use: The ECW is programmed to deliver a five (5) second electrical pulse. The Town Marshal/SRO may cause additional five second pulses to be delivered should it be necessary to control the targeted individual. The probes or wires should not be touched during this period, as the person touching the probes or wires could receive a portion of the electrical pulse. 1. The Town Marshal/SRO will, if feasible, give the subject a verbal warning before using the ECW. The warning should be an explicit statement such as "Stop, get on the ground, or you will be Tased." The Town Marshal/SRO will also announce to cover Resolution 21-38 Page 16 of 93 additional personnel that the ECW is being deployed whenever possible. 2. The ECW should be targeted as designated in training and considering the totality of the circumstances. The face, neck and groin should be avoided if at all possible. 3. The ECW has the ability to ignite flammable liquids. It will not be deployed at subjects who have come into contact with flammables or in environments where flammables are obviously present. Never deploy the ECW in highly flammable environments such as methamphetamine labs. 4. Careful consideration should be given in deploying the ECW on subjects who are in elevated positions or in other circumstances where a fall may cause substantial injury or death (i.e. subjects on roof tops, on stairs, or pregnant woman). 5. The ECW shall never be used punitively or for the purpose of coercion. 6. The ECW is a use of force and is to be used only when necessary to overcome resistance while affecting an arrest, preventing an escape, in self-defense, or in defense of another person from physical harm, and in accordance with this department's use of force policy. d. The Town Marshal/SRO discharging the ECW shall: 1. Advise dispatch that a subject has been tased. 2. Request Keller Police respond to the scene. 3. Request an EMS unit respond to the scene. 4. Record the serial number on the ECW that was used. 5. The expended cartridge, probes, wires, and blast doors will be collected and booked into evidence in accordance with current ECW evidence collection practices. In an event where death or serious physical injury has occurred involving the use of the ECW, all ECW related items should remain in place when possible for investigative purposes. e. Persons subjected to the ECW shall be examined by EMS personnel once in custody. If the probes penetrate the skin of the subject, the EMS personnel will determine if they can safely remove the probes on scene, or if the individual should be transported to hospital for the Resolution 21-38 Page 17 of 93 removal. If the subject is transported to a hospital, the officer shall obtain a medical release from the hospital before transporting the subject to a detention facility. Probes that lodge in the skin shall be considered a biohazard. All fired probes shall be retained as evidence after being properly packaged as a biohazard if applicable. Reporting: Any time the ECW is deployed, and the probes strike a person, or when the ECW has been used in the drive stun mode on a person, the ECW use shall be documented using the Supervisory ECW Use Report Form. The Town Marshal/SRO discharging the ECW shall be responsible for ensuring that the Supervisory ECW Use Report Form is completed. Any time the ECW is deployed and the probes strike a person, or when the ECW has been used in the drive stun mode on a person, the Town Marshal/SRO deploying the ECW will be responsible for downloading the deployment data using the procedure established. This procedure will serve as a record of the ECW use and may be used to diagnose any problems related to the ECW equipment or the actual deployment of the ECW. 7. Respiratory Neck Restraints: a. The respiratory neck restraint can incapacitate an aggressive person and is considered deadly force. b. This neck restraint compresses the trachea through the Town Marshal/SRO's officer's wrist or forearm, generating a strangulation sensation and high degrees of pain. 8. Firearms: a. This policy permits the drawing or displaying of firearms when: (1) The Town Marshal/SRO, in the exercise of sound judgement, has reason to fear for their own personal safety and/or the safety of others. This includes, but is not limited to: the search of a building for a burglar, a robbery in progress, felony traffic stop, etc.; or (2) The offender is suspected of having a deadly weapon in his possession and such suspicion is based upon facts and circumstances which would normally and reasonably lead one to suspect the offender has a deadly weapon. The intent of this provision is to permit the Town Marshal/SRO to protect themselves and others and to avoid the necessity of the Town Marshal/SRO actually having to use a firearm because the advantage rests with the Town Marshal/SRO holding their weapon. Resolution 21-38 Page 18 of93 (3) The muzzle of a firearm should never be intentionally pointed at any person unless the Town Marshal/SRO reasonably perceives the person to be an immediate deadly threat. The Town Marshal/SRO's finger should never be in the trigger guard unless the Town Marshal/SRO is intending to immediately fire the weapon. b. The discharge of firearms by department is permitted only under the following circumstances: (1) Authorized use of deadly physical force as described in this general order. (2) Participation in official approved training programs or exercises, or competitive match shooting. (3) To kill an animal which presents an immediate physical threat to the officer or another person. (4) To kill an animal which is so badly injured that humanity demands its immediate removal from further suffering, provided that every reasonable effort has been made to obtain assistance from an Animal Control Officerand authorization has been received from the Town Marshal/SRO. V. RULES AND REGULATIONS: A. NON -DEADLY FORCE: 1. The Town Marshal/SRO are authorized to use reasonable and necessary force when they reasonably believe that force is justified to maintain the safety and security of the suspect, the Town Marshal/SRO or the public without unreasonably endangering the public or themselves. 2. The Town Marshal/SRO are authorized to use departmentally approved, non -deadly force techniques and issued equipment on which they have been trained to: a. preserve the peace or to prevent the commission of offenses, suicide or serious bodily injury; b. to make a lawful arrest and/or search, or overcome resistance to a lawful arrest and/or search, and/or prevent an escape from custody; Resolution 21-38 Page 19 of 93 c. to defend the public or the Town Marshal/SRO against the unlawful violence to his/her person or property; d. bring an unlawful situation safely and effectively under control; and/or e. subdue vicious animals. B. DEADLY FORCE: 1. The Town Marshal/SRO is justified in employing deadly physical force only when the Town Marshal/SRO reasonably believes that such force is necessary to: a. Defend the Town Marshal/SRO or a third person from the use of, or the imminent use of, deadly physical force. b. Effect the arrest of, or prevent the escape from custody of, a person the Town Marshal/SRO reasonably believes has committed a felony which involved the infliction, or threatened infliction, of serious physical injury; and the officer reasonably believes this person poses a significant threat of death or serious bodily injury to the Town Marshal/SRO or other persons if allowed to escape. c. Where feasible, the Town Marshal/SRO has given verbal warning of intent to use deadly physical force. C. FORCE: The force used shall be no greater than is necessary and reasonable to attain lawful objectives. The amount and degree of force which may be employed will be determined by the totality of the circumstances including, but not limited to: 1. The nature of the offense; 2. The behavior of the subject against who force is to be use (verbal dialogue, physical resistive actions, aggressive acts, etc.); 3. Age and physical conditions of the subject and officer; 4. Physical and environmental conditions at the scene; 5. Feasibility or availability of alternative actions. D. WEAPONS: No weapon should be brandished as a threat unless its actual use in the situation would be proper. This does not prohibit the Town Marshal/SRO from having a weapon readied when it is anticipated that a weapon may be required. Resolution 21-38 Page 20 of 93 E. MEDICAL AID: After any use of force or apprehension where the person is injured, complains of injury, or an injury is suspected, first aid shall be provided to the injured person when it is safe to do so. The Town Marshal/SRO shall summon EMS personnel to the scene and continue to render first aid to the best of their ability. F. PROHIBITIONS: This General Order specifically forbids: 1. Firing of firearms or use of any Deadly Force in situations where the use of Deadly Force is not authorized by this General Order. 2. The pointing of a firearm at a suspect known to be unarmed, and who is not an immediate danger to the Town Marshal/SRO or others. 3. Vehicular roadblocks/barricades: The employment of a vehicular roadblock or barricade must be considered a force likely to result in death or serious bodily injury and are prohibited by this department. 4. Use of Police Vehicles as a Weapon: Personnel shall not attempt to deliberately collide with or pull in front of vehicles. An exception to this provision occurs in a Rapid Response incident or when the Town Marshal/SRO is in pursuit of a known and dangerous fleeing felon(s) who, if allowed to escape, could create a substantial risk to another person of being killed or seriously injured. 5. Shooting at Vehicles: a. Deadly force is permissible only when deadly force is necessary and reasonable according to this General Order and the Texas General Statutes. b. At no time will the Town Marshal/SRO intentionally place themselves in the direct path of an oncoming vehicle in order to justify the use of deadly force. c. Attempting to deflate vehicle tires with a firearm is only permissible in a Rapid Response incident where a vehicle is being used to cause mass casualties. d. The Town Marshal/SRO operating a motor vehicle in pursuit is not to fire under any circumstances while driving at high speeds. 6. Firing warning shots. 7. Discharging a firearm or the use of any deadly force to protect property interests. Resolution 21-38 Page 21 of93 G. TRAINING: 1. All training and proficiency will be documented and conducted by instructors having the appropriate certification for the weapon or tactic. 2. The Town Marshal/SRO must successfully complete training and demonstrated proficiency specific to each weapon, Vascular Neck Restraints, and Respiratory Neck Restraints are authorized to carry/use the weapon or tactic. This includes initial certification and recertification. 3. At least annually, the Town Marshal/SRO authorized to use a weapon will be retrained in the proper use of that weapon and demonstrate proficiency. This includes OC Spray, ECW, expandable baton, and firearms. Firearms specifications, training and qualifications are covered under General Order 100.03 Firearms, Weapons, and Ammunition. 4. At least annually, the Town Marshal/SRO who is authorized to use weaponless control techniques/defensive tactics (including vascular and respiratory neck restraints) will be retrained in the proper use and techniques of the tactics and demonstrate proficiency. 5. At least annually, the Town Marshal/SRO will be trained and tested on this General Order by the Court Administrator. RESPONSE TO RESISTANCE REPORTING 100.02 Effective: 10/25/21 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy in the review and reporting process for the use of force or the discharge of a firearm involving the Town Marshal/SRO. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to report the use of force that results in injury or death and/or the discharge of a firearm immediately to the Town Manager/designee. 2. It will be the responsibility of the Town Marshal/SRO or Court Administrator and Town Manager/designee if the Town Marshal/SRO was involved, to determine if a violation of state law or departmental policy has occurred and this must be reported to the Town Manager. An outside police agency will be used to determine if there was a violation of state law if the Town Marshal/SRO was involved. Resolution 21-38 Page 22 of93 3. It will be the responsibility of the Court Administrator and Town Manager/designee to determine what disciplinary action will be taken against the Town Marshal/SRO if determined to have violated state law or departmental policy. 4. It will be the responsibility of the Town Manager/designee to conduct an analysis of the reports generated by discharges of firearms and uses of force to determine if there is a need for additional training or a change in policy. 5. It will be the responsibility of the Town Marshal/SRO in concurrence with the Town Manager/designee to report incidents of Peace Officer Involved Injuries or Death and incidents of Injuries to or Death of Peace Officer to the Texas Attorney General's Office no later than the 30th day after the incident and copies of the reports will be posted to the Town of Westlake's website. II. DEFINITIONS: A. DEADLY PHYSICAL FORCE: Physical force which can be reasonably expected to cause death or serious physical injury. B. INJURY: Damage to a person; harm; wound; pain. C. PHYSICAL FORCE: The type force that could cause injury. D. RANKING OFFICER: The Town Marshal/SRO is the highest-ranking officer in the Westlake Marshal's Office. The chain of command above the Town Marshal is the Court Administrator, Town Manager/designee in that order. E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. F. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which the Town Marshal/SRO reasonably believes that they may use deadly force or the threat of deadly force, in order to prevent serious bodily injury or death to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. G. IMMEDIATE THREAT: A perceived imminent threat in which the Town Marshal/SRO believes that they may use force or the threat of force, in order to prevent bodily injury to them self or another, and in accordance with Chapter 9 of the Texas Penal Code. H. WEAPONS POSITIONS: Resolution 21-38 Page 23 of93 1. HOLSTERED / SECURED: Weapon is secured within the Town Marshal/SRO's holster and under the Town Marshal/SRO's immediate control. 2. UN -HOLSTERED / SUL: Weapon is held by the Town Marshal/SRO pointed towards the ground and inside a circular area about a yard in diameter inside of which the Town Marshal/SRO is standing or sifting. The muzzle / weapon is not pointed at any person. 3. READY: Weapon is held so that the muzzle / weapon is pointed forward of the Town Marshal/SRO, but the muzzle / weapon is not intentionally pointed at any person. With firearms: the safety is on and the trigger finger is outside of the trigger guard; there is no immediate deadly threat but the Town Marshal/SRO reasonably believes they may encounter an immediate deadly threat; ready position is also used after an immediate deadly threat is over (scanning) or when the Town Marshal/SRO is relatively sure the immediate deadly threat has passed. For other weapons: there is not an immediate threat, but the Town Marshal/SRO reasonably believes they may encounter an immediate threat; ready position is also used after an immediate threat is over (scanning) or when the Town Marshal/SRO is relatively sure the immediate threat has passed. This position reduces reaction time and the Town Marshal/SRO is prepared to instantly respond to an immediate threat or immediately deadly threat. 4. ON -THREAT: Weapon is held so that the muzzle is pointed at a person reasonably perceived to be an immediate deadly threat or the weapon is pointed at a person reasonably perceived to be an immediate threat. For firearms, the safety remains on while the trigger finger is outside the trigger guard unless the officer is intending to immediately fire their weapon; for less lethal shotguns the safety can be off. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to report all discharges of firearms (except in training or recreation). B. It will be the policy of the Westlake Marshal's Office to investigate and report the use of force that results in injury or death to any person. C. It will be the policy of the Westlake Marshal's Office to investigate and report the use of force through the use of lethal or less -than -lethal weapons. D. It will be the policy of the Westlake Marshal's Office to investigate and report the use of force through the use of Oleoresin Capsicum. Resolution 21-38 Page 24of93 E. It will be the policy of the Westlake Marshal's Office to report the application of physical force by any member of this department. F. It will be the policy of the Westlake Marshal's Office to report the show of force as descripted in this general order. G. It will be the policy of the Westlake Marshal's Office to immediately remove from the line -duty any officer whose actions or use of force results in a death or serious physical injury. IV. PROCEDURES: A. DISCHARGE OF FIREARMS REPORTING: A written report will be submitted whenever the Town Marshal/SRO conducts the following: 1. DISCHARGE A FIREARM: A written report and a discharge of firearms report form will be submitted whenever the Town Marshal/SRO discharges a weapon for other than training or recreational purposes. The following are procedures for reporting the discharge of a firearm: a. REPORT OF THE TOWN MARSHAL/SRO FOR FIREARM DISCHARGE: In any instance in which the Town Marshal/SRO discharges a firearm while on duty or off duty in the performance of police officer duties, whether accidentally or intentionally, the Town Marshal/SRO shall, as soon as practical, report that fact to the Town Manager/designee. The Town Marshal/SRO shall submit a Discharge of a Firearm report to the Town Manager/designee if the Town Marshal/SRO is involved. setting forth all the circumstances involved in the incident. b. REPORT OF OTHER THAN THE TOWN MARSHAL/SRO FOR FIREARM DISCHARGE: In any instance in which a firearm is discharged, whether accidentally or intentionally, by any person other than the Town Marshal/SRO , the Town Marshal/SRO having knowledge of that discharge shall, as soon as possible, report that fact to the Town Manager/designee. The Town Marshal/SRO shall submit, in writing, a report to the Town Manager/designee setting forth all the Town Marshal/SRO's knowledge of the circumstances involved in the incident. 2. RESPONSE TO RESISTANCE/DEADLY FORCE: A Response to Resistance Report will be submitted on all incidents where the Town Marshal/SRO deploys OC spray, ASP -Baton, ECW, deadly force, or any department approved defensive tactic technique above the level of handcuffing, or displays a show of force as listed below: a. REPORT OF INJURY: In any instance in which the Town Marshal/SRO of this department causes injury or death (or is alleged Resolution 21-38 Page 25 of93 to have caused injury or death) or applies force through the use of lethal or less lethal weapons, ASP -Baton, OC, or physical force while on duty or in the performance of the Town Marshal/SRO's duties, whether accidentally or intentionally, the Town Marshal/SRO shall, as soon as possible, report the fact to the Town Manager/designee if the Town Marshal/SRO is involved. The Town Marshal/SRO shall also submit a report to the Town Manager/designee setting forth all of the circumstances involved in the incident. 3. APPLIES PHYSICAL FORCE: In any instance in which an officer of this department applies physical force, (no injury) the Town Marshal/SRO/Court Administrator will be notified as soon as possible. The Town Marshal/SRO/Court Administrator must weigh the seriousness of this situation and the department's liability. At the very least, the Town Marshal/SRO/Court Administrator will cause the physical force used to be described and documented in the arrest (incident) report. If the Town Marshal/SRO/Court Administrator deems necessary, a response to resistance report may be completed. 4. SHOW OF FORCE: A Show of Force will be documented in each of the following incidents: a. When an officer points an Electronic Controlled Weapon. b. When a police officer presents a firearm in the "ready" or "on -threat" position in the presence of a suspect or the public within the scope of their law enforcement authority. c. When an officer presents a firearm in the "un-holstered / Sul," "ready," or "on -threat" position while not in uniform or approved departmental attire but in the presence of a suspect or the public. 5. STATE REPORTING REQUIRMENTS: A report shall be filed with the Texas Attorney General's Office no later than the 30th day after the discharge of a firearm and a copy of that report will be placed on the Town of Westlake's website in these incidents: a. PEACE OFFIER INVOLVED INJURIES OR DEATH: any incident in which an officer of this department discharges a firearm causing injury of death to another. b. INJURIES TO OR DEATH OF A PEACE OFFICER: any incident a person who is not a peace officer discharges a firearm and causes injury or death to an officer. Resolution 21-38 Page 26 of 93 B. RESPONSE TO RESISTANCE REPORT REVIEW: The intent of this review is to determine whether there are policy, training, weapon/equipment, or discipline issues, which should be addressed: 1. Officer: The Town Marshal/SRO involved must complete a written report and/or discharge of a firearm report. The Town Marshal/SRO will give the completed report to the Town Manager/designee. 2. Town Marshal/Court Administrator: The Town Marshal/SRO or Court Administrator if the Town Marshal/SRO is involved will determine that the report is accurately completed and sign the report. The Town Marshal/SRO/Court Administrator will complete a response to resistance report and deliver it to a defensive tactics instructor from an outside agency (preferably with the Keller Police Department if available). The Town Marshal/Court Administrator will notify the Town Manager/designee to apprise them of the use of force. 3. DEFENSIVE TACTIC'S INSTRUCTOR (Outside Agency): a. REVIEW: The Defensive Tactic Instructor will review the report to determine if the use of force applied was in compliance with training techniques and/or if additional training in a certain area is needed. b. DETERMINATION: A supplement will be written if it is determined that techniques were improperly used and/or additional training is needed. The response to resistance report will be signed if techniques were proper and no training is needed and then submit it to the Town Manager/designee for the Town of Westlake. 4. Town Marshal/Court Administrator: a. VIOLATION OF LAW or POLICY: In all cases where an employee is determined to have acted in violation of law or policy the officer shall be subject to disciplinary action up to and including dismissal. b. JUSTIFIED: The Town Manager/designee will sign the response to resistance report and cause the original to be filed with the Town Marshal/SRO. A copy of the report will be filed in the personnel file. C. ANNUAL ANALYSIS of REPORTS: Annually, the Town Marshal/SRO will conduct an analysis of all response to resistance reports as required in subparagraph A of this paragraph, policies and practices. The analysis shall identify: a. date and time of incidents; b. types of encounters resulting in use of force; Resolution 21-38 Page 27of93 c. trends or patterns related to race, age, and gender of subjects involved; d. trends or patterns resulting in injury to any person including employees; and e. impact of findings on policies, practices, equipment and training. D. ANNUAL REVIEW ofASSUALTS on SWORN OFFICERS: Annually, the Town Marshal/SRO will conduct a review of all assaults on agency law enforcement officers to determine trends or patterns, with recommendations to enhance officersafety, revise policy, or address training issues. The review shall include the number of incidents, time of day, type of initial call, number of officers present, and prior history of arrestee(s). EMPLOYEE CRITICAL INCIDENTS 100.03 Effective: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy for the investigation of any instance where the Town Marshal/SRO whose actions, involvement in a traffic collision, or use of force/response to resistance in an official capacity results in the death or serious bodily injury to another person, whether intentionally or unintentionally. This policy also covers procedures for the investigation of in custody deaths. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to report the use of force/response to resistance, any action in an official capacity that results in injury or death, and/or Town Marshal/SRO involved shooting to the Town Manager/designee. 2. It will be the responsibility of the outside investigating agency to determine if a violation of state law has occurred and must report this to the Town Manager/designee. 3. It will be the responsibility of the outside Investigating agency to determine if a violation of department policy has occurred and must report this to the Town Marshal/SRO. 4. It will be the responsibility of the Town Manager/designee and Court Administrator to determine what disciplinary action will be taken against the Town Marshal/SRO determined to have violated state law or departmental policy. Resolution 21-38 Page 28of93 II. DEFINITIONS: A. IN -CUSTODY DEATH: The death of an individual while in custody or while attempts to effect custody are being made. B. INVOLVED EMPLOYEE: Unless otherwise indicated, refers to the Town Marshal/SRO who is directly involved in the incident by actions or as a direct witness to the events. C. TOWN MARSHAUSRO INVOLVED SHOOTING: A discharge of a firearm by the Town Marshal/SRO during a hostile encounter, while on -duty or off -duty, irrespective of injuries to suspects or third parties. D. SERIOUS USE OF FORCE: Any use of force/response to resistance in an official capacity that results, or is reasonably likely to result, in death, permanent or substantial injury, loss of any body part or function, or permanent disfigurements. E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. F. CRIMINAL INVESTIGATOR: A detective or command level officer of a neighboring department or an investigator from another agency tasked with conducting a criminal investigation of the Town Marshal/SRO critical incident. G. TOWN MARSHAUSRO CRITICAL INCIDENT: An incident where the Town Marshal/SRO's actions, involvement in a traffic collision in an official capacity results in serious bodily injury or death of another person, or serious use of force, whether intentionally or unintentionally, or a Town Marshal/SRO involved shooting. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to ensure that employee critical incidents are investigated in a thorough, fair and impartial manner by an outside, independent public safety agency. B. It is the policy of the Westlake Marshal's Office that employee critical incidents be investigated by an outside independent public safety agency so as to determine whether employee actions conform to law and this department's policy, procedures, rules and training. C. It is the policy of the Westlake Marshal's Office to ensure that the involved employee is relieved of duty after an employee critical incident. IV. PROCEDURES: Resolution 21-38 Page 29 of 93 A. ADMINISTRATIVE RELIEF FROM OPERATIONAL ASSIGNMENT: 1. RELIEF FROM OPERATIONAL ASSIGNMENT: In every instance where the Town Marshal/SRO is involved in an employee critical incident, the Town Marshal/SRO will be immediately relieved of operational assignment and placed on administrative leave or administrative duty by the Court Administrator for no less than 72 hours. The Town Marshal/SRO placed on such leave will not engage in extra -duty employment. 2. NO LOSS OF BENEFITS: The Town Manager/designee/Court Administrator shall assign the Town Marshal/SRO to administrative leave or duty with no loss of pay or benefits. This leave/assignment should not be construed to imply the Town Marshal/SRO is guilty of any wrongdoing. This administrative leave or duty serves two purposes: a. To address the personal and emotional needs of the Town Marshal/SRO. b. To assure the community that verification of all facts surrounding such incidents is fully and professionally explored. 3. EMPLOYEES AVAILABILITY: If the Town Marshal/SRO is involved in a critical incident and is on paid administrative leave, the Town Marshal/SRO shall be available and responsive to calls/questions related to the investigation during normal business hours. The Town Marshal/SRO will remain on paid administrative leave until the Town Marshal/SRO'S personal and emotional needs have been met. B. INVESTIGATIVE REQUIREMENTS: 1. Whenever the Town Marshal/SRO is involved in an employee critical incident, two (2) separate investigations shall be initiated, a criminal investigation and an administrative investigation. 2. A criminal investigator from an outside agency will conduct the criminal investigation. If the Town Marshal/SRO critical incident occurs within this jurisdiction, the Keller Police Department will be notified. The Texas Rangers shall be called to run the criminal investigation (called by Keller PD). 3. The Chief of Police for a neighboring police agency (preferably the Roanoke Police Department if available) will assign an Internal Affairs Investigator to conduct a separate administrative investigation to ensure compliance with Westlake Marshal's Office rules and regulations and the general orders. Resolution 21-38 Page 30of93 4. Unintentional weapons discharges not resulting in threat to life (e.g. accidental discharge at the shooting range) will be investigated by an outside independent public safety agency if the Town Marshal/SRO is involved. If the administrative investigation finds a criminal offense has occurred, a criminal investigation shall be initiated. 5. If the incident happens outside the town limits of Westlake, the Town Marshal/SRO shall report the incident to the public safety agency at the location of the incident, who shall report the incident up the chain of command. The Town Marshal/SRO shall notify the Town Manager/designee shall cause an investigation, coordinating with the appropriate law enforcement agency and ensuring compliance with Westlake Marshal's Office policy. C. ON SCENE INVESTIGATION AND RESPONSIBILITIES: 1. The Public Information Officerwill be notified. The Town of Westlake PIO will be responsible for working with the City of Keller PIO in making the initial and subsequent media releases. Media releases should be approved by the Town Manager prior to release to ensure the integrity of the investigation is not compromised. If the employee critical incident occurs in another jurisdiction, the Town of Westlake PIO will coordinate with the other jurisdiction's PIO to establish the lead issuer of information and coordinate release of appropriate and factual information. 2. The Town Marshal/SRO, if not injured, will be removed from the scene. This should be done in the company of some "companion" who is not involved in the incident. This is to serve as a supportive role. A Chaplain or clergy member may be notified. 3. When the Criminal Investigator arrives at the scene, the involved Town Marshal/SRO will respond to the needs of the investigation. If applicable, the Investigator will take possession of the weapon(s) that was/were discharged. When the Investigator determines that the involved Town Marshal/SRO is no longer needed at the scene, the "companion" will transport the involved Town Marshal/SRO to the office. 4. The Town Marshal/SRO shall be afforded an early opportunity to communicate with family members, support resources or legal representation. The person designated as "companion" may assist in making this notification. D. INVESTIGATOR INVESTIGATION: 1. Investigators will proceed to the scene upon being notified. Investigators will process the scene and interview all witnesses separately. Resolution 21-38 Page 31 of 93 2. Investigators will not interview or request a written statement of the Town Marshal/SRO until 48 hours to 72 hours after the incident. When the Town Marshal/SRO is/are interviewed they will be advised of their Miranda rights, if the allegations involve possible criminal prosecution. 3. Upon completion of the investigation, a copy of the Investigator's file will be forwarded to the Town Manager/designee and/or Court Administrator for review. 4. The Criminal Investigator will be responsible for filing any criminal charges associated with their investigation to the District Attorney's Office. The DA's officewill be responsible for presentation to the Grand Jury and any subsequent prosecution. E. INTERNAL AFFAIRS INVESTIGATIONS: 1. The IA Investigator (from an outside agency) may shadow the Criminal Investigator; however, the IA Investigator may not interview the involved Town Marshal/SRO as part of the internal investigative process until after the conclusion of the investigation by the Criminal Investigator. 2. The internal affairs investigator shall advise the Town Marshal/SRO of their rights pertaining to the administrative investigation process. Those rights include: a. The right of the Town of Westlake to conduct an administrative investigation into the specific employee critical incident. b. The right to know if the Town Marshal/SRO is suspected of misconduct which, if sustained, could be grounds for administrative disciplinary action, to include dismissal. C. The right to refuse to answer any questions, but such refusal shall be grounds for disciplinary action including dismissal. d. That the results of the internal affairs investigation interview will not be used against the employee(s) in any subsequent criminal proceeding (Garrity V. New Jersey 385 U.S. 493 1967). e. The interviewed Town Marshal/SRO will, upon request, be provided a copy of any of his/her own statements made during the course of the administrative investigations. F. INCIDENT FOLLOW-UP: 1. If the Town Marshal/SRO is involved in an employee critical incident, the Town Marshal/SRO will be required to participate in a Critical Incident Resolution 21-38 Page 32 of 93 Debriefing with an approved neighboring jurisdiction's psychologist/psychiatrist. In addition, the Town Marshal/SRO will be required to adhere to the recommendation(s) of the psychologist. The Town of Westlake is financially responsible for the Critical Incident Debriefing. The cost associated with subsequent required doctor visits and actions will be approved by the Town Manager/designee or Court Administrator on a case by case basis. The Town Marshal/SRO is also encouraged to utilize services provided through the Employee Assistance Program. 2. The Town Marshal/SRO directly involved in shooting incidents will re - qualify as soon as practical. G. TRAINING: 1. The Town Manager/designee and Court Administrator will be trained in managing Town Marshal/SRO critical incidents annually. 2. The Town Marshal/SRO will be trained in this policy during initial training. FIREARMS, WEAPONS, AND AMMUNITION 100.04 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and make the rules and regulations concerning firearms, less lethal weapons, and ammunition at the Westlake Marshal's Office. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO who are authorized to carry weapons to keep secure, not alter, and carry only on -duty department - approved firearms, less lethal weapons, ammunition and equipment holders / holsters for each item. 2. It will be the responsibility of the Town Marshal/SRO who are authorized to carry weapons and who are changing duty weapons or who have been newly authorized to carry a weapon to have the weapon inspected and approved by a qualified armorer/instructor prior to attempting the qualification course. Resolution 21-38 Page 33 of93 3. It will be the responsibility of the Town Marshal/SRO who are authorized to carry firearms to register and complete a qualification course for firearms that are carried off -duty and are departmental approved. 4. It will be the responsibility of the Town Marshal/SRO to maintain written records and conduct/sponsor annually at least one firearm qualification course for department -authorized firearms that are carried by personnel who are authorized to carry weapons on and off duty. It will also be their responsibility to maintain records by serial number of approved weapons that have been qualified with for on and off duty. Qualifications for impact weapons, OC and less lethal will be conducted on an annual basis by instructors certified on the appropriate weapon, if carried by the Town Marshal/SRO. 5. It will be the responsibility of the Town Marshal/SRO who are authorized to carry weapons to care for, keep clean, and cause the necessary repairs of personally owned weapons. 6. It will be the responsibility of the Town Marshal/SRO to conduct inspections, ensuring compliance with the rules and regulations of this directive. II. DEFINITIONS: A. AMMUNITION: The projectiles, along with their fuses or primers that can be fired from a firearm. B. FIREARM: A weapon capable of firing a missile by using an explosive charge as a propellant. C. LESS LETHAL WEAPON: Those weapons issued by this Department to be used in an escalation of force. D. LESS LETHAL IMPACT MUNITIONS: Those munitions which can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing a significant potential of causing death. III. POLICY: A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO who is authorized to carry weapons will follow the rules and regulations of this directive. B. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO will strictly enforce the rules and regulations of this directive. IV. RULES AND REGULATIONS: Resolution 21-38 Page 34of93 A. FIREARMS, WEAPONS, AND AMMUNITION: The Town Marshal/SRO will maintain an inventory and list of all approved firearms and weapons. The inventory and list will include the make, model, serial number and the Town Marshal/SRO who is approved to carry the firearm or weapon. The inventory will include the name of the official making the approval, date of approval and all pass/fail scores used to qualify the user. The same procedure will be followed for department issued weapons. The following are rules and regulations governing the carrying and control of firearms, weapons, and ammunition at the Westlake Marshal's Office. 1. ON -DUTY WEAPONS: The Town Marshal/SRO who are authorized to carry weapons within this department will carry on -duty only approved firearms, less lethal weapons, ammunition and equipment holders / holsters for each item. The Town Marshal/SRO will not alter any firearm, weapon, or ammunition without prior approval of a certified armorer. a. The Town Marshal/SRO on -duty and in plain clothes shall wear their handgun in a holster and in a manner that will not attract attention unless within the Town of Westlake, then with badge clearly visible. b. Prior to carrying a weapon for the first time, the Town Marshal/SRO who are authorized to carry weapons will have the weapon inspected for function and safety by a qualified armorer / weapons instructor. If the weapon has been modified or is different from their previous weapon, the Town Marshal/SRO will be required to successfully complete a qualification course of fire before being allowed to carry the weapon. All weapons must be in compliance of subsection 6 of this section. C. The Town Marshal/SRO may select an on -duty service handgun of 9mm or .40 caliber. d. The Town Marshal/SRO will only qualify with and carry one caliber on -duty service handgun, 9mm or .40 caliber. e. Only the Town Marshal/SRO, with approval of the Town Manager/designee and a certified armorer, can approve the request to change an on -duty service handgun caliber. Requests to change on -duty service handgun caliber will be submitted by the Town Marshal/SRO. 2. OFF -DUTY WEAPONS: Under normal circumstances the Town Marshal/SRO of this department is encouraged to carry off -duty, whenever in a public place, a firearm, badge of authority, and official departmental issued identification. The Town Marshal/SRO will carry only approved ammunition. The Town Marshal/SRO will not alter any off -duty Resolution 21-38 Page 35of93 firearm or ammunition without the prior approval of the Town Manager/designee. The Town Marshal/SRO may not carry or use firearms while under the influence of alcohol or drugs. The following are procedures for the carrying of off -duty weapons: a. DEPARTMENTAL APPROVED FIREARM: The Town Marshal/SRO is required to carry an approved firearm off -duty. (1) The Town Marshal/SRO officer must satisfactorily demonstrate to a certified firearms instructor familiarity and the ability to safely handle the firearm at least one time per year. This demonstration will be mandatory to the Town Marshal/SRO who elects to carry anything other than the firearm they carry on duty. (2) Any display or use of an off -duty weapon will be governed by the same regulations that apply while on -duty. (3) Off -duty weapons when carried must be concealed from public view and secured in a holster or gun bag. (4) When carrying an off -duty weapon, the Town Marshal/SRO will also carry his/her badge and departmental identification. 3. SECURITY OF WEAPONS: a. UNAUTHORIZED HANDLING: The Town Marshal/SRO is authorized to carry weapons at all times, whether on -duty or off -duty, secure their approved departmental firearm(s) from any unauthorized handling by persons not known to be sworn police officers. The weapon should be secured when not in the Town Marshal/SRO's immediate care, custody or control. b. WEAPONS SECURED IN THE DEPARTMENT: The Keller PD Substation/Marshal's Office at Westlake Academy has a gun safe for weapons storage within the secure area. If you need to store a weapon in this area for whatever reason, notify the Town Marshal/SRO. For the safety of all persons, all weapons stored in this area will be stored unloaded, with no cartridges in the chamber or magazine tube. Weapon magazines may be stored adjacent to the weapon, but not in the magazine well of the weapon. 4. MAINTENANCE of SERVICE WEAPONS: The ultimate responsibility for the overall care and external cleaning of a service weapon will be the responsibility of the Town Marshal/SRO. The following are procedures to be followed for the maintenance, and repair of the approved weapon: Resolution 2 1-3 8 Page 36 of 93 a. Only certified armorers or gunsmiths approved by the Town Marshal/SRO will repair, modify, or otherwise work on any weapons. b. Any modifications to duty weapons (including sights, grips, internal modifications, etc.) will be done prior to qualifications. The Town Marshal/SRO will be required to qualify with the modifications in place before the weapon will be allowed on duty. c. The Town Marshal/SRO is responsible for maintaining personally owned weapons in a clean and serviceable condition. The Town Marshal/SRO authorized to carry weapons will be responsible for maintaining the exterior only of department owned weapons and reporting any malfunctions/problems to a certified armorer or gunsmith for repairs. d. All duty weapons will be inspected at least annually by an armorer or instructor certified in the inspection of that specific weapon. The inspection will certify, in writing, that the weapon was in proper, safe, working condition at that time. Any weapon deemed unsafe will be immediately removed from service. 5. APPROVED WEAPONS/AMMUNITION & LESS LETHAL: a. WEAPONS/AMMUNITION: (1) The approved official duty handgun for the Westlake Marshal's Office is a safe -action semiautomatic pistol manufactured by Glock. The weapon will be of 9mm, or .40 caliber. Uniform officers will be limited to barrel lengths not less than 4.02 inches (models 22, 23, 35, 19, 17, 34, 45). (2) In addition to the department approved duty handgun, the Town Marshal/SRO officer may carry one additional handgun on -duty as a backup, provided the officer qualifies with the weapon and the weapon has been approved according to this policy. Said weapons will not be restricted as to manufacturer but must be of a caliber equal to or larger than .380 and be inspected by a range officer for safe function. It may be a revolver or semi- automatic in design. (3) Only ammunition meeting standards developed by the Town Marshal/SRO shall be used in any approved weapon. (See General Order 100.07 IV 9 page 8 for specifications). Firearms ammunition will be issued at least one time per year and the issuance will be documented. In approving firearms ammunition for use, the Town Marshal/SRO at the advice of a certified police firearms instructor, will consider the following: Resolution 21-38 Page 37of93 (a) Research published by the F.B.I. (b) Research published by the Dallas County Forensic Laboratory. (c) Such testing as deemed necessary by departmental policy. (d) NO RELOADED, REMANUFACTURED, OR HANDLOADED AMMUNITION will be recommended or approved for use other than training or practice. b. LESS LETHAL MUNITIONS: (1) Less lethal impact munitions are defined as those munitions, which can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing a significant potential of causing death. The Westlake Marshal's Office will utilize the following less lethal munitions: (a) Axon X26P Taser. C. LESS LETHAL STORAGE, TRANSPORTATION & HANDLING (1) Storage of less lethal munitions should conform to manufacturer's recommendations. Generally, they should be stored in their original container in a cool, dry place. (2) Under no circumstances shall any person be authorized to tamper with or alter in any manner, any less lethal munitions. Misfires shall be recovered, rendered safe, and removed from service. Appropriate notification shall be made and munitions which have malfunctioned or have been damaged, shall be reported to the designated less lethal instructor. (3) Upon receiving any munitions, the person actually employing them is ultimately responsible forthat these munitions are "less lethal," and used in accordance with departmental policy. 6. The Town Marshal/SRO is prohibited from carrying the following impact weapons: a. Slapper. b. Saps. c. Weighted Gloves. Resolution 21-38 Page 38 of93 d. Knuckles. e. Other similar type weapons. 7. When no other adequate means is available or practical, or when lethal force is justified, any impact weapon of opportunity (e.g., flashlight or radio) may be used. Use of said weapon of opportunity will be governed by policy and training pertaining to use of approved impact weapons. B. WEAPONS PROFICIENCY: The Westlake Marshal's Office conducts one (1) firearm qualification annually that meets the TCOLE minimum course requirements. The Town Marshal/SRO must demonstrate at least an 80% proficiency rating during a qualification with their duty weapon and off duty weapon will be authorized to carry such weapons. The requirement for mandatory one qualification per year required by TCOLE standards may not be waived. The intent of this directive is to cover the carrying and use both on and off duty, of all weapons such as handguns and less lethal weapons carried by Town Marshal/SRO's who are authorized. Demonstrated proficiency includes achieving minimum qualifying scores on a prescribed course; attaining and demonstrating knowledge of the laws concerning the use of authorized weapons and knowledge of departmental policy on response to resistance/use of force, escalating force, and deadly force; and being familiar with recognized safe -handling procedures for the use of departmental approved weapons. 2. Those wishing to carry an approved patrol rifle must qualify at least one (1) time per year. Failure to qualify or attend training will result in denied access to carry until qualification has been obtained. a. Qualification for the M-16 variant weapons will be 90%. Sidearm qualification will be 80%. b. The Town Marshal/SRO who has completed an approved patrol rifle familiarization course of at least 16 hours in length and qualified with at least a 90% score may opt to carry a patrol rifle. C. WEAPONS and POLICY IN-SERVICE TRAINING: The Town Marshal/SRO, who is authorized to carry weapons, will receive in-service training on the department's Response to Resistance policies and demonstrate proficiency with any authorized weapon at least annually. At no time will the Town Marshal/SRO carry a weapon on duty where they have not demonstrated proficiency. Training will be conducted by instructors certified in that weapon or tactic. DOCUMENTATION: The Town Marshal/SRO will document all in-service training and the proficiency of all authorized to carry weapons on and off duty. Resolution 21-38 Page 39of93 2. DUTY HANDGUN REMEDIAL TRAINING: The Town Marshal/SRO will have procedures for remedial training for any Marshal's Office personnel authorized to carry a handgun in the course of their duties and who are unable to qualify with that weapon prior to resuming official duties. Remedial Training is as follows: a. When the Town Marshal/SRO fails the initial attempt to qualify, they will be given a second attempt the same day to meet minimum standard. b. When the Town Marshal/SRO fails to meet the minimum standards on the second attempt the failure will then preclude any further action being taken. C. Failure to meet minimum standards on the second attempt will result in the Town Marshal/SRO being immediately placed on leave charged against their vacation or compensation time or placed in a non -enforcement position (if available) until remedial training can be scheduled. Until such training is completed, the Town Marshal/SRO will be prohibited from carrying a firearm under authority of a peace officer. Additionally, a letter of reprimand showing a failure to maintain minimum standards may be placed in the Town Marshal/SRO's personnel file on the first occurrence. A second and subsequent failure (not consecutive) to meet minimum standards will result in a written reprimand or more serious corrective action. d. Within five consecutive workdays from the date of the failed qualification, the Town Marshal/SRO will be scheduled for remedial training. Upon completion of the remedial training, the Town Marshal/SRO will be given another opportunity to meet minimum standards. Failure of this attempt will result in the Town Marshal/SRO being continued on leave or in a non -enforcement position (if available) until they complete an approved firearms instruction course of at least 24 hours in length at their own expense. On completion of this course, they will again be given an opportunity to qualify. Failure to qualify at this time will result in disciplinary action being taken, up to and including a recommendation for termination. Successful meeting of the minimum standard will result in the Town Marshal/SRO being immediately returned to enforcement status. e. Failure to meet minimum standards at a third consecutive qualification and retest will result in a recommendation for immediate termination without remedial training. f. Failure to meet minimum qualification standards with an off -duty or back-up weapon, or patrol rifle will result in the Town Marshal/SRO Resolution 21-38 Page 40 of 93 being prohibited from carrying the weapon until minimum qualification standards are met. g. If the Town Marshal/SRO has a question or grievance on the qualification procedure or scoring, the chain of command is as follows: (1) Range Officer. (2) Range Master. (3) Court Administrator and Town Manager/designee 3. OTHER WEAPONS REMEDIAL TRAINING: A Town Marshal/SRO who fails to qualify/demonstrate proficiency on their second attempt with a weapon that is not their authorized duty handgun will not be subject to revocation of peace officer status or suspended from official duties. However, the Town Marshal/SRO will not be permitted to carry, use, or be issued such a weapon until such time as they obtain a qualifying score/ demonstrate proficiency. A maximum of two qualification/ proficiency attempts are allowed per day. BIASED POLICING OR ENFORCEMENT 100.06 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures to prevent biased policing or enforcement at the Westlake Marshal's Office. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to provide the Westlake Town Council an annual report containing statistical data relevant to the public contacts made by the Westlake Marshal's Office in accordance with the Texas Racial Profiling Law (S.B. No. 1074). II. DEFINITIONS: A. BIASED POLICING OR ENFORCEMENT: The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency or any other identifiable characteristics. Resolution 21-38 Page 41 of93 B. RACE or ETHNICITY: Means of a particular descent, including, but not limited to, Caucasian, African, Hispanic, Asian, or Native American descent. III. POLICY: A. It is the policy of the Westlake Marshal's Office that biased policing or enforcement by the Town Marshal/SRO is strictly prohibited. This includes law enforcement -initiated action based on an individual's race, ethnicity, gender, sexual orientation/identity, religion, economic status, age, cultural group, national origin or any other identifiable group rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Profiling in regard to traffic contacts, field contacts, searches, interviews and interrogations, asset seizures and forfeiture efforts will not be allowed. Any officer found in violation of this policy will be disciplined accordingly. IV. PROCEDURES: A. MOTOR VEHICLE and PEDESTRIAN STOPS: 1. The Town Marshal/SRO will be diligent during patrol and are expected to enforce the traffic laws and stop and detain motorist or pedestrians whenever there is reasonable suspicion and have committed, are committing, or are about to commit an infraction of the law. An arrest can only be made with probable cause. a. The Town Marshal/SRO should not stop a driver or pedestrian when looking for a suspect if the only commonality between the suspect and the civilian is his or her race/ethnicity or national origin. b. The Town Marshal/SRO should not pick out people to stop from among similarly situated individuals based in whole or in part of their race/ethnicity or national origin. For example, a driver speeding in a stream of traffic should not be picked out from among the traffic because of race/ethnicity or national origin. c. The Town Marshal/SRO should not stop a driver when there is no traffic violation in order to get a look inside the vehicle based on the driver's race/ethnicity or national origin. 2. The Town Marshal/SRO must conduct themselves in a dignified and respectful manner at all times. The Town Marshal/SRO must remain courteous and professional keeping in mind the anxiety the person will feel when stopped by the Town Marshall/SRO. The Town Marshal/SRO will remain professional and courteous even if challenged verbally from the detained individual. Resolution 2 l -38 Page 42of93 3. During the stop of the motorist or pedestrian, the Town Marshal/SRO shall utilize the mobile video and audio recording equipped in the car pursuant to General Order 200.02. 4. The detaining of motorists and pedestrians will be brief in duration and the Town Marshal/SRO shall explain to the individual the reason for the detention with the objective to gain compliance and understanding. 5. If the Town Marshal/SRO decides to issue a warning, a citation or take the person into custody fora more serious offense the Town Marshal/SRO must record on the warning/citation the race of the individual using the following codes: a. White/Caucasian (W) b. Hispanic (H) C. Asian (A) d. Native American (1) e. African (B) f. Middle Eastern (M) 6. When issuing a warning/ citation resulting from a traffic stop the Town Marshal/SRO shall record the following information on the warning/citation: a. Search Y/N b. Consent Y/N, if Y above. C. Contraband/Evidence Found Y/N, if searched d. Reason and Probable Cause for the Search Y/N, if searched e. Arrest Made Y/N f. Physical Force Resulted in Bodily Injury Y/N g. Race/ethnicity known before stop Y/N h. Gender, street address of stop and reason for the stop. B. COMPLAINTS of BIASED POLICING: 1. Any person may file a complaint with the department if they believe law enforcement -initiated action was based on the individual's race, ethnicity, gender, sexual orientation, religion, economic status, age, cultural group, national origin or any other identifiable group than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 2. The Town Marshal/SRO, who initiated the enforcement action, who is told by the citizen that they wish to file a complaint, shall inform the person that they can meet with the Court Administrator or Town Manager/designee at the Municipal Court office or contact the Court Administrator or Town Manager/designee on the telephone providing the telephone number to Resolution 21-38 Page 43 of 93 the complainant. At no time should the complainant be told to call back the next day unless they desire to do so. 3. The Court Administrator and Town Manager/designee receiving the complaint of biased policing or enforcement shall record the name, address, telephone number and the allegation from the complainant. The individual should be advised that the complaint will be taken seriously, and they will be contacted with the findings of the investigation. The Town Manager/designee and Court Administrator will obtain any and all mobile video recordings from the mobile video recording system. The recording(s) along with the information from the complainant should be forwarded to the Town Manager/designee and Court Administrator for assignment. 4. The Court Administrator and Town Manager/designee will ask an outside law enforcement agency to investigate the complaint. 5. In conformance with the act on Biased Based Profiling, on the commencement of an investigation by an outside law enforcement agency of a complaint regarding racial profiling the outside law enforcement agency shall promptly provide a copy of the video/audio recording to the Town Marshal/SRO that is the subject of the complaint. 6. Should the results of the investigation show that the Town Marshal/SRO had engaged in biased based profiling in violation of this policy the Town Manager/designee and Court Administrator shall take corrective action against the Town Marshal/SRO. The corrective action can range from training up to and including termination depending on the totality of the circumstances. a. If the complaint is "not sustained" the complainant may appeal the determination to the Town Manager's Office. b. The complainant also has the right to appeal the determination to the Tarrant County District Attorney's Office. 7. This Department will comply with the public education requirement of the act by posting the complaint process on our internet web site, by having printed brochures on the complaint procedure available in our public lobby, and also available from the Town Manager/designee and Court Administrator. The complaint and compliment contact telephone number, mailing address, and email address will be provided on every warning/citation. C. RETENTION of VIDEO and AUDIO TAPES: The act on Biased Based Profiling requires the audio and video recording of traffic and pedestrian stops to be retained for 90 days after the date of Resolution 21-38 Page 44 of 93 XI E F the stop. In case of a complaint the video will be retained until the disposition of the complaint. 2. The standards and safeguards for reviewing the video and audio are outlined in General Order 200.02. TRAININ(,- 1. The Town Marshal/SRO will receive initial policing issues including legal aspects, searches, asset seizure and forfeiture, techniques, cultural diversity, discrimination, REPORTING REQUIREMENTS OF THE ACT: and annual training in biased field contacts, traffic stops, interview and interrogation and community support. 1. The Town Marshal/SRO shall make a documented annual report to the Town Council on the information collected relating to traffic stops in which a warning or citation is issued and to arrests resulting from those traffic stops containing the following: a. The gender and race or ethnicity of the individuals detained. b. Whether a search was conducted and, if so, whether the person consented, if contraband/evidence was found, probable cause, for the search, and if an arrest was made. c. Whether physical force resulted in bodily injury to a party. d. An administrative review of agency practices, including community concerns on the issue, the number of racial profiling complaints, and any corrective measures taken. 2. The required report will not contain identifying information about the Town Marshal/SRO, or the individuals detained. 3. The documented annual report will be submitted by March 1st of each year for information complied by the agency during the period beginning January 1st and ending December 31st IMMIGRATION STATUS DETENTIONS: 1. The Town Marshal/SRO is not prohibited from inquiring about immigration status during temporary detentions but are prohibited from detaining people longer than is necessary to finish the purpose of the detention and that purpose cannot be solely to make an immigration inquiry. Resolution 21-38 Page 45 of 93 2. The Town Marshal/SRO should have some articulable facts, besides race, color, religion, language, or national origin, to explain why the officer asked a person about citizenship or immigration status. 3. Warrants for a person's arrest or removal as an alien is an administrative warrant and must not be the sole reason for an arrest. If a person is arrested for another offense and has an immigration warrant, the detention staff will contact the appropriate agency in reference to the immigration warrant. 4. The Town Marshal/SRO shall not enforce immigration laws while working off -duty for religious organizations. The Town Marshal/SRO shall not enforce immigration laws against a person detained solely because he or she is a victim, a witness to a crime, or reported a crime. VEHICLE PURSUITS 200.01 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures concerning motor vehicle pursuits involving the Westlake Marshal's Office. B. Responsibility: 1. This directive will be provided to the Town Marshal/SRO. 2. The Town Marshal/SRO is responsible for acknowledging receipt of and signing this directive and providing such acknowledgement to the Court administrator 3. The Town Marshal/SRO shall be tested on their knowledge at least every three (3) years to ensure that the Town Marshal/SRO fully comprehend this directive. The Town Marshal/SRO will complete and submit an annual report of the test results/certificate of completion to the Court Administrator 4. It will be the responsibility the Town Marshal/SRO to study, understand, and follow the policy and procedures set forth and established in this directive. II. DEFINITIONS: Resolution 21-38 Page 46of93 A. PURSUIT: Refers to an attempt by the Town Marshal/SRO operating an emergency vehicle to apprehend one or more occupants of another moving motor vehicle, in which the driver of the fleeing vehicle intentionally ignored the Town Marshal/SRO'S signal and attempts to avoid apprehension. B. AN ATTEMPT TO STOP: Refers to the reasonable effort by the Town Marshal/SRO operating an authorized emergency vehicle to communicate to the occupants of another moving motor vehicle the intent of conducting a traffic or investigative stop. When it becomes clear to the Town Marshal/SRO that the suspect(s) do not intend to stop due to rapidly increasing speed and/or driving recklessly as to endanger the safety of others, the incident will be considered a pursuit situation. The test of how much time and effort is reasonable depends on road conditions, violators' driving behavior, weather, time of day, etc. All violations should justify an attempt to stop if it is safe and reasonable to do so. C. FELONY: A crime that is punishable under the Texas Penal Code by death or confinement in a penitentiary for life or confinement not more than 99 years or confinement not less than 180 days. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to apprehend all persons who are attempting to evade arrest. However, pursuits will only be conducted when the Town Marshal/SRO has probable cause to believe that the suspects have committed a felony involving the use of or threatened use of force likely to cause death or serious physical injury. The suspect's use of a vehicle to evade the Town Marshal/SRO, in and of itself, will not be included as a violent felony circumstance to justify a pursuit. Other circumstances must meet the violent felony criteria above. It must be remembered that the anticipated results must justify the risk. Therefore, the pursuing Town Marshal/SRO is not to consider that the chase must continue at all costs. B. Furthermore, the Town Marshal/SRO will not pursue (as defined above) fleeing vehicles for traffic, misdemeanor or felony offenses that do not involve the use of or threatened use of force likely to cause death or serious physical injury. The suspect's use of a vehicle to evade the officer, in and of itself, will not be included as a violent felony circumstance to justify a pursuit. Other circumstances must meet the violent felony criteria above. The Town Marshal/SRO will be allowed to attempt to stop (as defined above) for any violation or where an investigative stop is proper. IV. PROCEDURES: A. EVALUATING THE CIRCUMSTANCES: The seriousness of the possible outcome of a pursuit demands that the Town Marshal/SRO weigh many factors when deciding whether to pursue or not to pursue. Some specific questions Resolution 21-38 Page 47of93 the Town Marshal/SRO must ask/consider when deciding whether to pursue includes: 1. Offense; 2. Time of day; 3. Weather conditions; 4. Road conditions; 5. Traffic conditions; 6. Geographic location: such as school zone, hospital zone, etc; 7. Population density; 8. Familiarity with the area; and 9. Vehicle capability and reliability. B. INITIATING OFFICER: In the event the Town Marshal/SRO becomes involved in the pursuit of a motor vehicle that fails to stop, the Town Marshal/SRO will immediately: Activate the vehicle's emergency lights and siren, and use them continuously throughout the pursuit and; 2. Notify the Public Safety Communications Center by radio of: a. Direction of pursuit and route during pursuit; b. Complete description of the vehicle being pursued; C. Number of occupants and some description if possible; d. Reason for the chase including the crime involved; and e. Approximate speeds of the vehicle(s) in the pursuit. 3. Continuously evaluate and weigh the circumstances as listed above. C. SECONDARY UNITS: 1. Assisting units (outside public safety agencies who may be assisting) should attempt to drive a parallel route to the suspect's route in anticipation of assisting when the suspect is apprehended or becoming the pursuit unit if the original pursuing Town Marshal/SRO loses the suspect. 2. Under no circumstances should more than two assisting units fall in line behind the original pursuit unit. This applies always whether the pursuit units are from this Department or another. D. COMMUNICATIONS UNIT PERSONNEL: The Public Safety Communications Center telecommunicator will: 1. Maintain contact with the pursuing unit(s); Resolution 21-38 Page 48 of 93 2. Assure that the shift supervisor of the jurisdiction is aware of the pursuit; 3. Establish contact (via RADIO FREQUENCY or TELEPHONE) with other jurisdictions should the pursuit cross into another jurisdiction; and 4. Establish direct contact between Keller, Southlake, or Colleyville pursuing unit(s) and other jurisdictional elements, if possible. E. MONITORING THE PURSUIT 1. The Town Marshal/SRO will use discretion based on the time of day, violations involved, weather, speed of the vehicle, risk to others, or other factors to terminate or allow the pursuit. 2. When that pursuit crosses into another jurisdiction, the jurisdiction's supervisor will make a second evaluation to determine if continuing the pursuit is justified. 3. Should a pursuit result in serious physical injury to any party or extensive property damage, the Town Marshal/SRO will cause the Court Administrator and Town Manager/designee to be notified. F. RESTRICTED MANEUVERS: 1. DIVIDED HIGHWAYS: The Town Marshal/SRO will NEVER follow a pursued vehicle the wrong way on a divided highway, but will, instead, attempt to keep sight of the vehicle by driving on the correct side of the highway. 2. ONE-WAY STREETS: The Town Marshal/SRO will not pursue a vehicle the wrong way down a one-way street. Pursuing units will, instead, try to keep sight of the vehicle by driving in a parallel direction. 3. BARRICADING ROADWAYS: Barricading a roadway must be considered as a force likely to result in death or serious physical injury. The barricading of roadways is not allowed to end a pursuit. 4. SHOOTING AT VEHICLES: a. Deadly force is permissible only when deadly force is necessary and allowable according to General Order 100.01 Response to Resistance and the Texas General Statutes. b. At no time will the Town Marshal/SRO intentionally place themselves in the direct path of a fleeing vehicle in order to justify the use of deadly force. Resolution 21-38 Page 49 of 93 c. Attempting to deflate vehicle tires with a firearm is only permissible in a Rapid Response incident where a vehicle is being used to cause mass casualties. d. The Town Marshal/SRO operating a motor vehicle in pursuit is not to fire under any circumstances while driving at high speeds. G. PURSUIT TERMINATION: The pursuit will be discontinued when: 1. If the Keller Police Department is involved, the Town Marshal/SRO or in the Keller Police Department's opinion that extreme hazard is present and the risk of injury to the Town Marshal/SRO, the Keller Police Officer, the public, or suspect outweighs the benefit of immediate apprehension. 2. If the Keller Police Department is involved, the subject(s) can be identified to the point where later apprehension can be accomplished and, in the opinion of The Town Marshal/SRO or Keller Police Department, a serious hazard is present and the risk of injury to Town Marshal/SRO, the Keller Police Officer, the public, or the suspect has surpassed necessity for immediate apprehension; and/or 3. The pursued vehicle's location is no longer known. H. INTERJURISDICTIONAL PURSUITS: All procedures concerning pursuits are applicable to the Town Marshal/SRO assisting another jurisdiction in a pursuit or participating in a pursuit in another jurisdiction. Pursuits: 1. BY OTHER AGENCIES: a. When a police pursuit is originated by another agency and enters this municipality, the Town Marshal/SRO should only assist if they are the nearest police unit and only if requested by the originating agency. b. The Town Marshal/SRO will not continue pursuits outside of the borders of Westlake when another jurisdiction initiated the pursuit. C. If the suspect is apprehended, the driver will be charged with the determined violations that occurred within this municipality. d. The initiating agency will control and be responsible for the pursuit. Other agencies will only participate when requested to assist. e. The initiating agency will be responsible for the arraignment of arrested person, disposition of passengers, disposition of the suspect vehicles, and the coordination of all reports and charges. 2. TOWN MARSHAUSRO: Resolution 21-38 Page 50 of 93 a. If the Town Marshal/SRO pursues a vehicle into other jurisdictions, the Communications Unit dispatcher will advise that jurisdiction as soon as possible by either radio or by telephone. b. The Town Marshal/SRO Officers will control and be responsible for the pursuit, arraignment of arrested persons, disposition of passengers, disposition of the suspect vehicle, and coordination of reports and charges. the Town Marshal/SRO will cooperate with other agencies as determined by the Inter -Jurisdictional Pursuit Policy Agreement. C. No more than three (3) vehicles from the combined agencies will be involved in any pursuit. PURSUIT REPORT AND ADMINSTRATIVE REVIEW: The Town Marshal/SRO will complete the pursuit summary on the Westlake Marshal's Office pursuit form. A report summary will be written whether an apprehension is made and irrespective of whether a case report is written. The pursuit summary will then be forwarded to the Roanoke Police Department. Town Marshal will sign off on the pursuit summary and forward to the Roanoke Police Department. Any problem or criticism of the pursuit may be brought up at any level. After the Roanoke Police department reviews, the report will be shared with the Court Administrator and Town Manager/designee. The pursuit summary must contain, in addition to the who, what, when, where and why: 1. Reason for the pursuit; 2. Result of the pursuit; 3. That the Court Administrator and Town Manager/designee are notified. 4. That the Communications Center was advised of the pursuit and kept apprised of direction, location, etc.; 5. Description of vehicle pursued; 6. Number of occupants in vehicle pursued, if known; 7. Rates of speed involved; 8. Volume of traffic during pursuit; 9. Weather and road conditions; 10. Crimes or charges involved; 11. Injury to any party; 12. Damage to property; 13. If a second police vehicle was involved in the pursuit, it must also be noted; 14. If other jurisdiction(s) were involved, their involvement and any charges brought by the other jurisdiction(s) should be noted; and 15. Any other notable events. Resolution 21-38 Page 51 of93 J. ANNUAL ANALYSIS OF DEPARTMENT PURSUITS: Annually, the Town Marshal/SRO will prepare an analysis/report of the preceding year concerning pursuits. This report will be forwarded to and approved by the Court Administrator. The following are items to be covered in the report, which may reveal patterns or trends that indicate training needs and/or policy modifications: 1. Town Marshal/SRO frequency; 2. Pursuit ended in an accident either by the officer or the person pursued; 3. Injuries sustained, if any; 4. Number of pursuits resulting in apprehension; 5. Number of pursuits ended by pursuing Town Marshal/SRO; 6. Number of pursuits called off by the Town Marshal/SRO; 7. Incidents of policy violation; 8. If known, the suspect (s) gender, age and race; 9. If known, the suspect (s) state of mind at the time of the pursuit (i.e.: mental illness, drugs or alcohol consumption); and 10. A review of pursuit policies and reporting procedures. K. ROADBLOCKS: A roadblock is an obstruction in the roadway, natural or manmade, having the purpose of stopping vehicular traffic. Extreme dangers are inherent in the use of roadblocks; therefore, this directive mandates that they be employed only for purposes outlined in this directive. At no time will a roadblock be utilized to end a pursuit. 1. Purpose: The use of roadblocks is limited to the following reasons: a. For specific law enforcement operations, including, but not limited to major crime investigations, random stop -checks, or similar activities. 2. Procedures: The establishment of roadblocks will be performed in compliance with the following. The use of a roadblock must: a. Be approved by the Town Marshal/SRO. b. Be established in an area of sufficient visibility or illumination so that the approaching vehicles can observe the roadblock from a safe distance. c. Be of a fixed type. d. Involve unoccupied department vehicles only, if motor vehicles are employed. Private vehicles will never be used as a barricade. The Town Marshal/SRO will position themselves safely away from the vehicles and on the same side of the roadway. Resolution 21-38 Page 52 of93 e. If established for roadside stop -checks, have a written plan, approved in advance by the Town Marshal/SRO. The plan will specify the equipment necessary to conduct the operation, and the procedures for directing and controlling traffic. MOBILE DIGITAL RECORDING SYSTEMS 200.02 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: This policy is to provide the Town Marshal/SRO with guidelines for the use of in -car video and body worn camera equipment. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to operate the audio and digital recording units in accordance with this directive. 2. It will be the responsibility of the Town Marshal/SRO to coordinate the instruction in the proper use of the audio and digital recording units. 3. It will be the responsibility of the Town Marshal/SRO who initiated the digital recording to classify and/or attach a video if it is associated with a case. II. DEFINITIONS: A. BODY WORN CAMERA (BWC): Any device that can be worn on the body and capture digital multimedia evidence. B. IN -CAR VIDEO CAMERA SYSTEMS: Any device attached to a police vehicle which captures digital multimedia evidence. C. MOBILE DIGITAL RECORDING (MDR): An electronic recording device (in car video camera system or body worn camera) that is capable of making a video and/or audio recording of interaction between the Town Marshal/SRO and the public. The recording is stored digitally. D. PRIVATE SPACE: A location in which a person has reasonable expectation to be safe from uninvited intrusion or surveillance but does not include a place to which the public has lawful access. III. POLICY: Resolution 21-38 Page 53 of 93 A. It will be the policy of the Westlake Marshal's Office that the MDR units will be activated during contacts between the Town Marshal/SRO and the public in accordance with the guidelines established in this directive. B. It will be the policy of the Westlake Marshal's Office that the MDR units will be employed only in a lawful manner, in accordance to applicable state and federal laws. IV. PROCEDURES: A. PROGRAM OBJECTIVES: This agency has adopted the use of MDR, in order to accomplish several objectives, including: 1. Accurate documentation of events, actions, conditions and statements made, during arrest and critical incidents, so as to enhance departmental reports, collection of evidence, and testimony in court; and 2. Enhancement of this agency's ability to review probable cause for arrest, arrest procedures, the Town Marshal/SRO and suspect interaction, and evidence for investigative purposes, as well as for departmental training. 3. Provide this department and its employees some protection from frivolous or fabricated misconduct complaints. 4. Provide another avenue of transparency B. EQUIPMENT: 1. The vehicle used by this department is equipped with an in -car video camera system that syncs to the Town Marshal/SRO assigned BWC. 2. The Town Marshal/SRO assigned a BWC shall wear the BWC on their person when one of their primary functions involve dealing with the public. In addition, officers working at special events will wear a BWC on their person. 3. Strip searches will not be recorded by BWC. C. OPERATING PROCEDURES: The Town Marshal/SRO shall adhere to the following procedures when utilizing MDR equipment. 1. ACTIVATION: a. In -car video camera equipment installed in a vehicle is the responsibility of the Town Marshal/SRO. BWCs are the responsibility of the Town Marshal/SRO assigned to that BWC. MDR equipment. Resolution 21-38 Page 54 of93 b. The Town Marshal/SRO shall determine whether the MDR equipment is working satisfactorily and shall immediately bring any problems discovered, at this or any other times, to the attention of the Court Administrator. During the Town Marshal/SRO's routine MDR check, they will ensure that: (1) The recorder is positioned and adjusted to record events. (2) The Town Marshal/SRO is logged into the MDR. (3) If applicable, the in -car video camera system and BWC are synced, and the MDR is operational, in order to provide narration with the video recording, to explain the reason for the current or planned enforcement action. (4) The MDR activates by light bar activation, BWC activation, and manual monitor/recorder box activation, as applicable. (5) The MDR has an adequate digital memory and batteries to complete their tour of duty. The in -car videos are uploaded utilizing the removable USB drive that is installed in the in -car DVR. Only the Town Marshal/SRO or Court Administrator can upload the video into the secure Digital Evidence Library. When the Town Marshal/SRO observes an uploading issue, the issue will be immediately reported. C. The in -car camera system, along with the Town Marshal/SRO BWC, is automatically activated anytime a patrol vehicle's emergency equipment is activated. The programed MDR will also record upon activation of the BWC or the vehicle travels in excess of 100 MPH. The in -car camera system will automatically record a designated length of video prior to activation (usually 30 seconds). d. MDR equipment that is using "Record -After -the -Fact" will continuously record video only. The Town Marshal/SRO or Court Administrator may convert this background recording to a pre -event recording for instances where an officer did not/was not able to press record. This feature will only be used for law enforcement purposes and is only available until the memory is overwritten with new data. e. BWCs will be worn and on at all times when in contact with a person the Town Marshal/SRO suspects has committed an offense or is about to commit an offense. The audio recording will not activate unless the video recording has been activated. Resolution 21-38 Page 55 of 93 f. The events to be documented by MDR shall include, but are not limited to, the following: (1) All traffic stops, pursuits, code responses, enforcement actions, prisoner transports, field contacts, motorist assists, courtesy escorts, and pedestrian stops. (2) Actions of suspects during interviews, when undergoing sobriety testing, when placed in custody, or in any circumstance where the recording could prove useful in later judicial proceedings; (3) Circumstances at crime and accident scenes or other events, such as the confiscation and documentation of evidence or contraband. (4) Recording of victim, suspect or witness statements and demeanor upon initial response to incidents. g. The Town Marshal/SRO is not prohibited from recording any contact they feel is becoming controversial or dangerous, etc. For safety, at no time will an interview be conducted between two vehicles. The Town Marshal/SRO should be cognizant of performing duties within the scope of the camera's field of view when possible. When feasible to do so, the camera should be turned to capture critical activities performed by the Town Marshal/SRO or actions of suspects. h. The Town Marshal/SRO will note in incident, offense, arrest, or other related reports when audio or digital recordings were made during the incident being reported. In the event the Town Marshal/SRO fails to activate the MDR or notices a malfunction during a call for service as required by this General Order, the Town Marshal/SRO will document the incident. This may be accomplished in the call for service sheet comments, incident report, and/or supplement report. 2. DEACTIVATION: a. After each use, the in -car camera must be manually deactivated from inside the vehicle. BWCs may be deactivated on the camera. b. The Town Marshal/SRO is responsible for classifying or "tagging" their videos upon deactivation according to enforcement action taken. Resolution 21-38 Page 56 of93 C. The Town Marshal/SRO is not required to record, and they may turn off the MDR when conducting traffic control while using the emergency lights of the police vehicle for safety reasons or the exchange of information between Public Safety personnel. d. The Town Marshal/SRO will not be required to activate the MDR equipment to capture non -law enforcement actions including, but not limited to, community programs, meal breaks, stops at convenience stores, fueling, etc. Should a non -law enforcement action become enforcement related, the Town Marshal/SRO will active the MDR equipment manually. e. The Town Marshal/SRO will not disable, disrupt, tamper, or otherwise interfere with a required recording. The digital video and audio recording of all required and enforcement activations must cover the entire event without "dead" spots caused by the Town Marshal/SRO disabling equipment. f. All MDR equipped vehicles that are permanently disabled through a fleet accident, shall have the memory card from the MDR removed, uploaded, and secured by the Town Marshal/SRO. 3. EXPECTATION OF PRIVACY a. The Town Marshal/SRO shall not intentionally create recordings of themselves or others in areas where a reasonable expectation of privacy exists such as locker rooms, restrooms, etc. b. The Town Marshal/SRO shall not use MDR for the clandestine recording of the voice or image of a member of the Department. C. The Town Marshal/SRO shall not knowingly record undercover officers or confidential informants. d. The Town Marshal/SRO shall not use MDR to record any type of personal activities. e. The Town Marshal/SRO shall not create recordings in patient care areas of medical facilities unless the recording is for official police business such as a criminal investigation, dying declaration, or a specific call for police service; in compliance with Federal HIPPA regulations. Resolution 2 1-3 8 Page 57 of 93 D. DIGITAL VIDEO CONTROL AND MANAGEMENT: 1. All digital media captured using MDR is considered the property of the Westlake Marshal's Office. Accessing, copying, or releasing captured recordings must be in accordance with this General Order. 2. The in -car videos are uploaded utilizing the removable USB drive that is installed in the in -car DVR. Only the Town Marshal/SRO can upload the video into the secure Digital Evidence Library. BWC must be downloaded to the secure network through physical docking. 3. All recordings shall be securely downloaded no later than the end of the Town Marshal/SRO's shift by that employee. In the event that the Town Marshal/SRO is involved in a critical incident (e.g., officer -involved shooting), the investigating public safety agency will download the recording as soon as practical. If a BWC was utilized, the investigating public safety agency should take physical custody of the BWC and download the recording as soon as practical. 4. BWCs will not be taken home with the Town Marshal/SRO with video evidence that has not be submitted. If the Town Marshal/SRO needs to take a BWC with them after their shift but their assigned BWC needs to download a recording, the Town Marshal/SRO will dock their BWC and take another BWC with empty memory. 5. The Mobile Digital Video system requires users of the system to log in using a username and password to control access to the video evidence and case data maintained by the system. Access to the electronically stored files are restricted to personnel designated by the Town Marshal/SRO. 6. Retention of digital recordings will be based on the Town Marshal/SRO'S classification of the recording. All digital recordings will be securely stored in accordance with state retention schedules. All recordings related to a law enforcement purpose will be retained by the department for a minimum of ninety (90) days. 7. Any digital recording stored off the secure server (CD, DVD, etc.) that is placed into a records file will be destroyed by following the records retention schedule. 8. Public requests through the Freedom of Information Act will be handled according to the state law pertaining to open records. These requests will be handled through the Town Manager's Office. Digital recordings made in a private space will be redacted prior to release. 9. The Town Marshal/SRO shall be allowed to review the recording from their MDR at any time. To help ensure accuracy and consistency, the Resolution 21-38 Page 58 of 93 Town Marshal/SRO is encouraged to review recording prior to preparing reports. If the Town Marshal/SRO is giving a formal statement about a use of force or if the Town Marshal/SRO is the subject of a disciplinary investigation, the Town Marshal/SRO shall: <attorney thoughts and review> a. Have the option of reviewing the recordings; and b. Have the right to review recordings from other recording devices capturing the Town Marshal/SRO's image or voice during the underlying incident. 10. The Town Marshal/SRO (or any outside agency assisting in conducting an Internal Affairs Investigation) may review any Town Marshal/SRO activated MDR videos at any time and may authorize another member to do so for the purposes of investigation, training or any other law enforcement purpose. Furthermore, detectives and or investigators from an outside department assisting in an investigation may review any employee activated MDR video as needed to perform their duties within the department. Supervisors authorized to access "Record -After -the - Fact" shall only do so for specific investigations where there is reason to believe video of law enforcement value is on the MDR but the video system was not activated by the employee. 11. The Town Marshal/SRO shall not afford individuals outside the parameters of law enforcement the opportunity to review a segment of any video without prior authorization from the Town Marshal/SRO. 12. The Town Marshal/SRO shall not make unauthorized screen grabs, screen recordings, or copies of MDR videos. E. RECORDING USE IN COURT / FORMAL VENUE: When a recording is being stored as evidence, and there is a request to present the recording to court or some other type of venue, the Town Marshal/SRO should make a request in writing to the Town Manager's Office if the prosecuting attorney has not already received a copy through a formal request. 2. All digital recordings for all charges Class B and above will be copied by the Town Marshal/SRO without a request. If the Town Marshal/SRO makes an arrest for a Class B offense or higher the Town Marshal/SRO is responsible for flagging the video for a DME case. Once the recording has been copied the Town Marshal/SRO will forward the digital copy to the DA for filing the case. Class C offenses will only be copied if the case is needed for a scheduled court appearance. Resolution 21-38 Page 59of93 F. REPAIR AND MAINTENANCE: 1. Repairs and replacement of damaged or non-functional MDR equipment is performed as soon as possible. 2. Repair of equipment will be processed through the manufacturer or designated repair facility. 3. The Town Marshal/SRO should periodically clean the lens of the camera with a clean dry lens cleaning cloth only (paper towels, tissue, etc. may scratch the lens). Any dirt that cannot be removed with a dry cloth should be removed with water and a mild detergent then wiped with a dry cloth. G. TRAINING: 1. The Town Marshal/SRO will be provided training in the required use, operation, and maintenance of MDR equipment during initial training and as needed. EMERGENCY RESPONSE CODES 200.03 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish procedures for responding to calls for service. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to monitor radio traffic. II. DEFINITIONS: A. Code Three: Proceed with haste, using emergency equipment lights and siren constantly. Speed shall be governed by conditions, safety to others, and restrictions established by State law. B. Vehicle Apprehension Driving: Acceleration of the Town Marshal/SRO's vehicle in an effort to make contact with violator's vehicle and insure the driver is properly notified that a police officer requires the violator vehicle to stop. C. Pursuit Driving: The driver of a vehicle is aware that the Town Marshal/SRO is driving a police vehicle with emergency lights and siren is attempting to Resolution 21-38 Page 60 of 93 apprehend him or her and the driver of this vehicle attempts to avoid apprehension by increasing speed or taking other evasive actions. D. Emergency Call: Calls involving imminent threat to life; calls indicating serious injury, or which may jeopardize human life. Use of Code Three response is permitted. E. Non -Emergency Call: Calls of a non -life -threatening nature. Normal driving behavior is to be followed. III. POLICY: A. It is the policy of the Westlake Marshal's Office that at any time the Town Marshal/SRO is operating a Town vehicle or whenever operating any vehicle on duty, such operation is conducted in compliance with policy and reasonable standards of safety, giving consideration to the conditions present at that time. B. It is the policy of the Westlake Marshal's Officethat the Town Marshal/SRO will prioritize emergency calls over non -emergency calls and respond appropriately. All calls are assigned a priority number in CAD. IV. PROCEDURES: A. RESPONSE CODES: 1. In order to apprehend violators of the law and to offeradequate assistance and protection to the citizens of Westlake, the department recognizes the necessity to respond under emergency situations as rapidly as possible. It is further recognized that discretion is necessary when making an emergency run and that the safety and well being of all citizens is of primary concern. Indiscriminate driving habits can only serve to jeopardize life and property. The Town Marshal/SRO shall not exceed maximum limit or fail to obey all traffic control devices, unless operating under the manner prescribed in this policy. 2. Legal Implications in Running Emergency Code: Texas motor vehicle laws provide specific exceptions to the laws for authorized emergency vehicles. When responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, the Town Marshal/SRO (driver) of an emergency vehicle may: a. Park or stand, irrespective of the provisions of the law. b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Resolution 21-38 Page 61 of93 C. Exceed the maximum speed limits so long as life or property is not endangered. d. Disregard regulations governing discretion of movement or turning in specific directions. The exceptions stated above are granted to an authorized emergency vehicle only when such vehicle makes use of audible and visual signals. Texas motor vehicle laws further state the special conditions do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor do they protect the driver from consequences of his reckless disregard for the safety of others. 3. General Criteria Applied in Assignment of Code Three: a. Code Three: Assigned to calls involving imminent threat to life. Examples: Major injury accidents, assist officer calls, "in progress" calls of major consequences. It may be used in apprehension of an offender fleeing from an offense identified in the next section b (2). Note: The Westlake Marshal's Office will not typically respond to major accidents, burglaries or theft calls in progress unless requested by KPD or another outside agency. b. Authorized code three initial response calls will include only the following categories: (1) Officer in trouble (2) Deadly assault in progress (a) Armed robbery in progress (b) Sexual assault in progress (c) Other calls indicating serious injury, or which may jeopardize human life. c. The Town Marshal/SRO may override the provisions of this section. d. The Town Marshal/SRO will not utilize code three unless authorized under this policy. e. Vehicles without emergency signal equipment (lights and siren) are not assigned emergency codes and will at no time operate as an emergency vehicle. Resolution 21-38 Page 62 of 93 f. The Town Marshal/SRO responding to calls not assigned code three status have discretionary right to run emergency code if they have prior knowledge that circumstances might involve threat to life. Notification must be given to the Public Safety Dispatcher that such discretion is being exercised. The Town Marshal/SRO retains authority at all times to override any decision made regarding the assignment of emergency code status. 4. Emergency Response Considerations: Due regard for the safety of others and the application of good driving practices should characterize the running of emergency code. a. Use of the vehicle's emergency equipment (lights and siren) amounts to a request for right-of-way but does not ensure that other motorists will yield right-of-way. (1) Emergency response speed is determined by the nature of the call and, most importantly, by such things as weather, road, density of population, and existing traffic conditions. (2) When entering an intersection under emergency conditions and upon finding the main traffic lanes blocked, the left turn lane should be the first alternative. Secondary alternatives are any other open traffic lanes. The final alternative includes service stations or other business establishment driveways but only when exercising extreme caution. (3) When approaching traffic traveling in the same direction, the approach should be slow enough to allow that traffic to move out of the way. (4) If the Town Marshal/SRO is disregarded, the Town Marshal/SRO should select the first available side street, turn down the street, and then shut down the emergency equipment. Terminating emergency signals in the middle of moderate to heavy traffic can prove hazardous. (5) Audible signal should be sounded well in advance of entering an intersection. It is good practice to stop prior to entering any intersection against a red traffic signal or stop sign. (6) When entering an intersection with a green traffic signal, it is good practice to significantly reduce the vehicle's speed, keeping in mind that proper evasive action may involve braking or accelerating dependent upon the circumstances at hand. Resolution 21-38 Page 63 of 93 (7) Extra caution should be used when topping hills or rounding blind curves, especially when responding to accident calls. Wreckage in the roadway may not be visible to the approaching emergency vehicle and a secondary crash could result. (8) Children are often drawn to the sound of sirens. Extreme caution should be exercised in and around schools and residential areas to avoid children who might run into the streets ahead of approaching emergency vehicles. (9) The Town Marshal/SRO should be alert to traffic from side streets, to pedestrians and to stalled vehicles. (10) Operators of emergency vehicles running code three should keep in mind that other vehicles are required to yield to the right only and that the left portion of the roadway should be used whenever possible. (11) The Town Marshal/SRO who changes the response call designation shall immediately notify the Public Safety Dispatcher. The Town Marshal/SRO shall state the reasons for changing the response designation. RAPID RESPONSE 300.01 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures for response to an active shooter or active terrorist incident for the Westlake Marshal's Office. B. Responsibility: 1. It will be the responsibility of the Town Marshall/SRO to study, understand, and follow the policy and procedures set forth and established in this directive. 2. The Town Marshal/SRO would take command only until KPD or another agency arrived 3. It will be the responsibility of the Public Information Officer to notify and update the media and community of any rapid response event. 4. It will be the responsibility of the Town Marshal/SRO to be trained in this policy and to conduct an annual review of this policy, training needs, and Resolution 21-38 Page 64of93 equipment needs. II. DEFINITIONS: A. ACTIVE SHOOTER: One or more subjects who participate in a random or a systematic homicidal spree by demonstrating their intent to continuously harm others. The subject's overriding objective appears to be mass murder rather than other criminal conduct, such as robbery, hostage taking, etc. For the purpose of this policy, the term "active shooter" will also include anyone who uses any other deadly weapon (knife, club, bow and arrow, explosives, etc.) to systematically or randomly inflict death or serious bodily injury on others over a continuous or extended period of time. B. ACTIVE TERRORISM: An activity that involves an act dangerous to human life or that is potentially destructive to critical infrastructure or key resources, is a violation of the criminal law, and is intended to intimidate or coerce the civilian population; influence a government; or affectthe conduct of a government by mass destruction, assassination, or kidnapping. C. BARRICADED PERSON: A situation in which a person(s) who is armed or believed to be armed, suicidal, or mentally unstable resists being taken into custody by barricading himself in a room, building or other location. D. CONTACT TEAM: An officer or group of officers who are the first line of police response in a rapid response event. Contact teams move quickly through unsecured areas bypassing the dead, wounded, and panicked citizens with the goals of locating, isolating, and neutralizing the active threat. The optimal number of officers for a contact team is four (4). E. DIRECT THREAT/ HOT ZONE: Any area ofoperation in which there is a direct and immediate threat of serious bodily injury or death to people and first responders. F. EVACUATION AREA / COLD ZONE: Any area of operation in which there is not a significant threat to citizens or first responders. This area will include but not limited to Command, Fire/EMS personnel, Police support, and medical services. G. EVACUATION TEAM: The final line of police response in a rapid response event whose goal is to control the removal of innocent parties to pre -designated safe areas when the threat(s) are contained or eliminated. H. HOSTAGE INCIDENT: A situation in which a person(s) holds another person(s) against their will by force, threat or violence, and law enforcement officials are present at the scene attempting to obtain the release of the hostage. Resolution 2I-38 Page 65of93 INDIRECT THREAT / WARM ZONE: Any area of operation in which there is a potential threat to people and first responders, but the threat has been mitigated by the tactical deployment of personnel and equipment. J. PERIMETER TEAMS (INNER AND OUTER): The third line of police response in a rapid response event whose goal is to shrink the perimeters, provide a safe area for the evacuation of injured, cut off suspect escape routes, and allow for the evacuation of a portion of the building. K. RAPID RESPONSE: The swift and immediate deployment of law enforcement resources to an on -going, life threatening situation where delayed deployment could otherwise result in death or serious injury to innocent persons. L. RESCUE TASK FORCE (RTF): A minimum of 2 Officers and 2 EMS whose sole responsibility is to treat wounded and coordinate casualty evacuation. The rescue task force will work in coordination with incident command and will not operate in a Direct Threat / Hot Zone area. M. RESCUE TEAM: The second line of police response in a rapid response event whose goals are to locate injured, provide immediate treatment, triage, and evacuation if necessary. If confronted by an active threat they will respond as a contact team. The rescue team will consist of at least four (4) officers. N. TACTICAL EMERGENCY CASAULTY CARE (TECC): The delivery of trauma care in a high threat pre -hospital environment. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to respond, contain, and stop threats and to administer aid to victims. When the Town Marshal/SRO is faced with the ongoing or reasonably likely continuation of the use of deadly force by a suspect(s), and delay in action by police could result in additional deaths or injuries, officers shall use rapid response tactics to eliminate the threat. B. It will be the policy of the Westlake Marshal's Office that authority to implement this plan shall rest with the Town Marshal/SRO or the designated Incident Commander. C. It will be the policy of the Westlake Marshal's Office to use the services of recognized police emergency technicians, trained in bomb disposal operations, when a suspected bomb has been located. IV. PROCEDURES: A. OFFICER RESPONSE: Resolution 21-38 Page 66of93 1. All radio use for emergency traffic only. 2. Units equipped with emergency lighting and siren will respond code three. 3. During a rapid response event, officers will prioritize response by the following: a. Eliminate the threat/stop the active shooter(s); b. Rescue the victims; C. Provide medical assistance; d. Conduct a safety sweep for unknown hazards; e. Evacuate citizens; and f. Preserve the crime scene. 4. Directed fire: a. Directed fire is not used as "warning shots." b. Directed fire towards the suspect is permissible as long as it does not appear that there are innocent victims in the line of fire. C. Directed fire is controlled fire on a threat used to protect officers moving into a position of advantage over the suspect. 5. Public safety personnel should make entry at a location other than the main entrance, if possible, as this is the place where a suspect might logically set up barricades, explosives, or an ambush. 6. Initial Response: a. The initial responding officers have the responsibility for stopping active shooters/active terrorists immediately and aggressively. The Keller Police Department has primary law enforcement jurisdiction for the Town of Westlake and will be the initial primary responding agency along with the Westlake Town Marshal. b. A single officer entering a structure is not ideal but must be allowed to act singularly if the officer feels that a delay in entry will place more victims in danger and waiting for more officers will allow the suspect(s) more time to injure or kill more victims. The single officer must understand the inherent risk assumed in taking such action. c. The first officers on scene will form a contact team and: (1) Stay together as much as possible and enter the involved structure quickly; (2) Maximize communication by maintaining contact with other first responders and dispatch; Resolution 21-38 Page 67 of 93 (3) Maximize threat coverage by addressing all angles; (4) Perform threshold evaluations (the technique used to search the majority of a room prior to entering the room); (5) Differentiate between "slow search" (no active threat) and "direct -to -threat" speeds (active threat present) and use the appropriate speed for the circumstances; (6) Differentiate between a rapid response situation and a barricaded person/hostage incident and respond appropriately; and (7) Use cover -contact principles when taking suspects into custody. 7. Additional Arriving Officers: a. Additional arriving officers will: (1) Establish a command post/staging area and continue the incident command system. Any change in incident command will be made known to officers and dispatch; (2) Form additional contact teams; (3) Form rescue teams; (4) Establish a perimeter and perimeter teams; (5) Establish evacuation teams, evacuation corridors, and coordinate evacuations to a designated area; (6) Coordinate medical support and a Casualty Collection Point for injured persons capable of holding victims with injuries that require medical treatment; (7) Conduct a safety sweep for persons and hazards/bombs; (8) Form Rescue Task Forces in coordination with EMS personnel as described below. (9) Preserve the crime scene and collect evidence; and (10) Maintain communications with other law enforcement personnel and dispatch. Resolution 21-38 Page 68of93 b. The scene shall be kept secure until the Incident Commander has declared the scene to be opened. 8. Rescue Task Force (RTF) a. RTFs will be utilized to rapidly deliver tactical emergency casualty care to an Active Shooter / Rapid Response scene to affect rescue and save lives. b. RTFs will operate under the following guidelines: (1) Operate in coordination with Incident Command; (2) Operate in Indirect Threat/Warm Zones and Evacuation/Cold Zones; (3) Officers provide force protection and tactical movement of the team. Officers will not assist in any care, lifting, or carrying of casualties; (4) EMS personnel provide triage, medical stabilization, and evacuation or shelter -in -place; (5) Movementwill be made through designated Ingress and Egress corridors; (6) Casualty Collection Points may be designated if appropriate to aid in the treatment and movement of casualties to the Evacuation/Cold Zone. 9. Explosives: a. When a team locates a possible explosive device: (1) Visually inspect the device; (2) Consider alternate route based on condition of device (e.g. timer activated, burning fuse, etc.); (3) Move quickly away from device; (4) Do not move or touch the device; (5) Verbalize location of the device to the rest of the team; (6) Report location of device to other teams, ICP, and dispatch; (7) Limit use of radios, cell phones, or electronic devices; (8) Move past device and continue search; (9) If possible, mark location of device; and (10) Be aware of possible booby traps. Resolution 21-38 Page 69 of 93 b. Emergency personnel trained in bomb disposal will be called when a suspected bomb has been located. B. At the direction of the Incident Commander, Dispatch will be responsible for requesting mutual aid and recall of off duty personnel. C. MUTUAL AID: 1. Upon assessing the scene, additional law enforcement, fire and rescue agencies may be requested. This will be requested through Keller PD since they should be on scene and in command of the event. 2. Mutual aid will be requested as needed. L k l TA 11 1. All requests for information should be funneled through the Public Information Officer (PIO) for vetting and coordination. The Town of Westlake PIO will coordinate with the City of Keller PIO since Keller PD is the primary law enforcement for the Town of Westlake. Consideration should be given to establish a media staging location that is not within the immediate vicinity of the event. 2. The Town's PIO, at the direction of the Town Administrators, will be responsible for sending information over the town website, social media, and the emergency notification system. E. POST INCIDENT REVIEW: 1. All supplemental narratives and forms will be completed as required and forwarded to the Keller Police Department. 2. Professional counseling will be provided to involved employees as appropriate. F. TRAINING: 1. All full-time and part-time officers will be trained in this policy at least annually. 2. Hands-on rapid response training forfull-time personnel will be conducted at least triennially. G. ANNUAL REVIEW: The Town Marshal/SRO will complete an annual review of this directive and training/equipment needs. Resolution 21-38 Page 70 of 93 SCHOOL RESOURCE PROGRAM 300.02 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: The Police School Resource program was established to create better two-way communication and rapport between the youth, police officers, and the school administration. This will hopefully dispel negative feelings towards the police and the criminal justice system and may also result in a decline in the number of juvenile offenders. The School Resource Officer will also provide a safer school environment for all. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO to establish a good relationship with the students, which would help solve reported crimes and also reduce the amount of juvenile related offenses. II. DEFINITIONS: A. LIASION: A bond or close relationship. Any form of intercommunication. III. POLICY: A. It will be the policy of the Westlake Marshal's Officeto establish an environment of shared ownership and responsibilities with Westlake Academy, including staff, students and parents. To identify and address public safety issues, campus concerns and to implement solutions. IV. PROCEDURES: A. DUTIES OF THE TOWN MARSHAL/SRO ARE AS FOLLOWS: Lecture classes on topics such as law enforcement roles, law, drug abuse, peer pressure, bullying, ethical issues, and home security, as available. 2. Be available to counsel/mentor students. 3. Assist Keller PD (the primary law enforcement agency for the Town of Westlake) with violations of the law that occur on school property, such as trespass situations, thefts, burglaries, fights, and other offenses covered by the school code and complete necessary reports and paperwork. Resolution 21-38 Page 71 of93 4. Assist investigators on cases involving students by providing personal information on the suspects from school records, interviewing, and acquiring other requested information. 5. Attempt to identify drug abusers and obtain a drug assessment from the school district's drug counselor. 6. Attend school extracurricular activities at the request of principals or Administrators, with approval from the Court Administrator, in conjunction with their Town Marshal/SRO assignments. They will be compensated at their overtime or compensation time rate by the Town of Westlake. 7. The Town Marshal/SRO will be available to schools during school hours — as best as possible, vacation time should be used when school is out of session. School principals will be notified when the Town Marshal/SRO is away from the town during school hours. 8. The Town Marshal/SRO will maintain constant communication with the Public Safety Dispatch personnel whenever a change in status or location has been made. They are always required to carry a portable radio with them, unless unusual circumstances exist. 9. Counsel with parents concerning their children's behavior and/or problems with the law or school. 10. Counsel with neighbors adjacent to the schools about students causing criminal mischief and other criminal activities. 11. Provide a positive role model to students and maintain good relations with the school community. 12. The Town Marshal/SRO will keep the supervisor informed of consultations and presentations performed above their enforcement duties. 13. Interact with students on a positive basis during daily contacts. Town Marshal/SRO is reminded that any actions taken regarding custody situations must be done within their statutory authority. 14. Attempt to identify and classify gang members. Town Marshal/SRO will acquire and disseminate information on gangs to the Keller Police Department and, when practical, to the general public. B. QUALIFICATIONS AND TRAINING: Minimum qualifications for consideration as a Town Marshal/SRO: 1. A minimum of 5 years' experience as a full-time police officer. 2. Demonstrate the ability to work both independently and as part of a group. Resolution 21-38 Page 72 of93 3. Willingness to adjust schedules as necessary. 4. Demonstrate the ability to work effectively with juveniles. 5. Demonstrate a history of positive public contact. 6. Ability to work with administrative and managerial personnel. 7. Preferred qualifications include a bachelor's degree and instructional/public speaking experience. 8. Training: a. Complete an approved basic SRO course within 180 days of assignment to the unit. C. VEHICLES AND EQUIPMENT: The Town Marshal/SRO will wear their standard issued police uniform and drive their assigned marked vehicle while on duty during school hours, unless their assigned vehicle is out of service for repairs. The Town Marshal/SRO can follow the Town of Westlake Personnel Policy 5.03 (Dress Code) referencing "casual days" as stated in the manual. The Town Marshal/SRO are responsible for the upkeep of the vehicle and equipment assigned to them. Equipment in need of repair or replacement should be reported immediately to the Court Administrator. D. SCHOOL VISITS- 1. The Town Marshal/SRO will report to their assigned school as soon as possible each day. 2. The Town Marshal/SRO will attend lunch at Westlake Academy at least once each week. Daily school lunches are not required. 3. While on campus, the Town Marshal/SRO will be available to assist any school personnel or student. E. TEACHING: The Town Marshal/SRO will make structured presentations to students in a classroom or assembly setting as requested by school administrators and teachers. a. The Town Marshal/SRO will schedule classes as far in advance as possible to ensure adequate participation. b. The Town Marshal/SRO will avoid canceling or postponing scheduled classes if possible and will make necessary rescheduling in a timely manner. C. The Town Marshal/SRO will maintain current reference material, so information presented is accurate. 2. The Town Marshal/SRO will use only approved lesson plans. Resolution 21-38 Page 73 of 93 3. The Town Marshal/SRO is expected to participate in lesson plan development and new program planning. F. ENFORCEMENT ACTION: 1. The Town Marshal/SRO will enforce criminal laws (including relevant Texas Education Code provisions) in accordance with policies and procedures when necessary, using discretion to resolve situations in other ways when that would be more appropriate. 2. The Town Marshal/SRO will not use criminal law enforcement authority to enforce school rules or disciplinary action. 3. The Town Marshal/SRO may conduct intervention with students suspected of being truant but will not enforce truancy laws. Suspected truants will be referred to school officials for handling. 4. The Town Marshal/SRO will not participate in searches initiated by the school personnel. The Town Marshal/SRO may perform searches necessary for their own and others' safety and pursuant to the laws of search and arrest. 5. The Town Marshal/SRO will not disclose any investigative information that will hamper a pending investigation. No information will be released to a Westlake Academy employee regarding a student's criminal activity other than that required by law. MENTAL HEALTH ENCOUNTERS 300.03 Effective Date: 10/25/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: It is the intent of the Westlake Marshal's Office to provide uniform guidelines in interacting with persons suspected of suffering from mental illness. B. Responsibility: The Town Marshal/SRO should only transport in the event that the outside public safety agency agrees with the transport. The Town Marshal/SRO will be responsible for completing the appropriate admissions forms for emergency detention. Resolution 21-38 Page 74of93 II. DEFINITIONS: A. MENTAL ILLNESS: Any of various conditions characterized by impairment of an individual's normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma. B. EMERGENCY ADMISSION: A statutorily prescribed process performed by a peace officer who has reason to believe that a person is mentally ill and is likely to injure himself or others if not immediately restrained. The Town Marshal/SRO may then take such person into custody and immediately transport such person to the nearest appropriate hospital for temporary detention and evaluation. C. MY HEALTH MY RESOURCES (MHMR): An independent local entity that provides services to persons with mental illness, intellectual disabilities, addictive behavior, and early childhood development delays. In addition, MHMR provides crisis intervention, case management, vocational and residential services, supported employment, drug abuse, inpatient and outpatient services, family support, physical therapy, and homeless outreach. D. MENTAL HEALTH LAW ENFORCEMENT LIAISON PROJECT: This is an organization affiliated with MHMR. They are a 24-hour hotline which provides only Law Enforcement Officers telephone assistance when they come in contact with someone, they suspect of having a mental illness. This hotline maintains a database containing persons with mental illnesses that have come in contact with Law Enforcement Officers within Tarrant County. They also provide follow-up contact with those persons who have a mental illness. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to apprehend or commit persons who have recently exhibited specific behaviors, acts, attempts or threats which show evidence of a substantial risk of harm to themselves or others, and such harm or risk is imminent. This will typically be done through the outside police agency. B. It will be the policy of the Westlake Marshal's Office to treat all persons suspected of mental illness with dignity and respect. The Town Marshal/SRO may encounter consumers who exhibit signs of mental illness but pose no imminent threat to themselves or others. The Town Marshal/SRO will not get directly involved in the commitment of these consumers but may refer them or someone seeking assistance for them to the mental health courts, MHMR, or private mental health providers. Resolution 21-38 Page 75 of93 IV. PROCEDURES: A. RESPONDING TO INCIDENTS INVOLVING SUSPECTED MENTAL ILLNESS: 1. General Guidelines for Recognition of Persons Sufferinq from Mental Health Issues: a. The Town Marshal/SRO may form the belief that the person may be suffering from mental health issue from: (1) Verbal Signs: Illogical thoughts, unusual speech patterns, extreme and inappropriate verbal hostility or excitement. (2) Behavioral Signs: Physical appearance, body movements, responding to voices or objects that are not there, lack of emotional response, causing injury to self, extreme or inappropriate expressions of sadness or grief and inappropriate emotional reactions. (3) Environmental Signs: Surroundings are inappropriate, such as: "pack -ratting" -accumulation of trash, hoarding, clutter; presence of feces or urine on the walls, house is filthy or unkempt. (4) Information given to the Town Marshal/SRO by a credible person. b. Other factors to look for when dealing with a person with a mental health issue: (1) Inability to carry on a rational discussion. (2) Crisis may be the result of delusions or hallucinations. (3) Person may be frightened by uniforms and weapons. (4) Person may behave unpredictably. (5) Person may claim something has occurred that is not reasonable or possible. (6) Person may not be able to answer questions (due to inability or stunted ability to process information). (7) Person may have an adrenaline rush/high pain tolerance. 2. Guidelines in dealing with persons suffering from mental health issues, including in the field and during interviews/interrogations: a. The Town Marshal/SRO should provide or obtain on -scene emergency aid when treatment for an injury is urgent; check for Medic Alert, Safe Return, or other such bracelets, necklaces or wallet Resolution 21-38 Page 76 of 93 cards; gather information from persons nearby; and remove distractions and disruptive people from the immediate area. b. If additional personnel are not immediately needed for safety and control, they should retreat to a comfortable distance; try to avoid causing intimidation; introduce yourself and your position (even if you have dealt with the individual previously); remain courteous, even when confronted by threats or verbal abuse; and indicate a willingness to help. C. Avoid violating the person's personal space. If you must do so, advise the individual what you are doing and do not move quickly. You may want to ask permission to do so. Recognize that a person's symptoms are very real to him or her and do not minimize or try to explain away the symptoms. d. The Town Marshal/SRO should be professional. Do not make fun of, taunt, or verbally abuse the person; avoid words like crazy, loony, goofy, etc.; and avoid making sudden or rapid moves, except as a last resort. (1) The Town Marshal/SRO should speak simply and briefly; give time for responses and repeat when necessary; divert the individual's train of thought by asking for routine information; ask simple and direct and open ended questions; try to develop a rapport; and ask about medications, doctors and diagnoses. (2) The Town Marshal/SRO will be empathetic; paraphrase the person's responses to let him know you are listening and to correct any misunderstanding. 3. Town Marshal/SRO and Patient Safety: a. The Town Marshal/SRO, when taking a patient into custody for dangerous behavior, should take whatever steps necessary to ensure a safe transport of the patient. b. The use of restraint devices shall be at the Town Marshal/SRO's discretion unless violent behavior has been observed or reported. If violent behavior has occurred, the patient may be restrained by handcuffing in front if a belly chain/belt is used. C. Remember that the patient is not under arrest for a crime but has been taken into custody for that person's safety and the safety of others. Resolution 21-38 Page 77 of 93 4. Field Apprehension Situations a. Upon determining that the proposed patient meets the criteria for apprehension, the Town Marshal/SRO may take the person into custody and coordinate with KPD. The Town Marshal/SRO will maintain control of the person until the arrival of KPD. (1) Chapter 573 of the Texas Health and Safety Code allows a peace officer to take a person into custody without a mental health warrant if: (a) The officer has reason to believe and does believe that a person is mentally ill; and (b) Because of the mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (c) Believes that there is not sufficient time to obtain a warrant before taking the person into custody. (2) Substantial risk of serious harm may be determined by: (a) The person's behavior; or (b) Evidence of severe emotional distress; or (c) Deterioration in the person's mental condition to the extent that the person cannot remain at liberty. b. Prior to leaving the scene of the apprehension, the Town Marshal/SRO shall ensure that they have recorded the name, address and phone number of any person that may be needed as a witness to the proposed patient's actions. If appropriate, the Town Marshal/SRO will obtain a written voluntary statement from witnesses. c. The transporting officer may contact the Mental Health Law Enforcement Liaison Project to gather additional information on the person and/or to inform them that they have transported an individual on an emergency mental warrant. 5. Apprehension by a Peace Officer with a Mental Health Warrant: a. Application for Warrant: The Texas Health and Safety Code allows any adult person to request that a magistrate issue a mental health warrant for the apprehension of another person. In order to obtain Resolution 2 1-3 8 Page 78 of 93 the warrant, the person must complete an application for the emergency detention and present an affidavit to the magistrate. The application and the affidavit must state that the person seeking the warrant (the applicant) has reason to believe that the person to be apprehended shows evidence of mental illness. The person must also show evidence that he/she is a substantial risk of serious harm to themselves or others and that such harm is imminent unless the person is restrained. b. Issuance of the Warrant: After the magistrate reviews the application and affidavit, the magistrate may issue a mental health warrant which directs a peace officer to apprehend the patient and transport the patient to John Peter Smith Hospital or to another hospital for an initial evaluation by a physician. In Tarrant County, typically the mental apprehension warrant will be submitted to the Tarrant County Sheriff's Warrant Division for serving. Occasionally, a warrant may be brought to the Westlake Marshal's Office for processing. If a warrant is brought to this agency, the Town Marshal/SRO will perform the following: (1) Attempt to locate the individual who is listed in the warrant. The attempt to locate will be placed into the CAD system. If the person cannot be located and shift change occurs, the officer will hand the warrant to the on -coming shift supervisor. (2) A mental detention warrant is a civil process; therefore, the warrant will not be entered into TCIC/NCIC. C. Police Involvement in Obtaining Mental Health Warrants: Typically, the Town Marshal's office should not become involved in obtaining mental warrants. This is due to a peace officer's ability to make a warrantless apprehension under true emergency circumstances. The individual requesting a mental health warrant, referral or mental health services should notify the Mental Health Screening Crisis Hotline. 6. Seizure of a Firearm: NOTE: The Westlake Marshal's Office will only seize a firearm in an emergency where the Keller Police Department is not yet on scene. A law enforcement officer who seizes a firearm from a person taken into custody and not in connection with an offense involving the use of a weapon or an offense under Chapter 46, Texas Penal Code, shall: a. Turn over the seized firearm to Keller Police Department personnel when it is safe to do so after their arrival on scene. b. Complete a supplemental narrative and forward it to the Keller Police Department personnel completing the report. Resolution 21-38 Page 79of93 7. Non -Violent Person: People with mental health issues who present no substantial and imminent risk of serious harm to self or others should not be taken into custody. The procedure for voluntary commitment should be explained to a responsible relative or friend and instructed to contact Mental Health Services. C. TRAINING: 1. The Town Marshal/SRO will be provided entry-level training in regard to dealing with persons suspected of having mental health issues. Training should include the following: a. Basic understanding the fundamental rights, interaction, and communication with people with mental health issues. b. The adversity of mental health issues. c. Suicide and the evaluation of danger levels. d. Psychopharmacology as it relates to medications prescribed to persons with mental health issues. e. Understanding the legal process and techniques for apprehension. f. Discussion of legal and societal concerns and perspectives. g. Understanding referrals/resources in the community. h. Jail/Court related alternatives and referrals for persons with a mental health issue. PRISONER TRANSPORT 400.01 Effective Date: 10/25/2021 I. PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures pertaining to the transportation of prisoners at the Westlake Marshal's Office. B. Responsibility: 1. It will be the responsibility of the Town Marshal/SRO taking a subject into custody to safely and adequately search the subject prior to any transporting. Resolution 21-38 Page 80 of 93 2. It will be the responsibility of the Town Marshal/SRO involved in prisoner transport to adequately restrain and safely deliver the prisoners in their custody. 3. It will be the responsibility of the Town Marshal/SRO involved in prisoner transport to keep alert, maintain observation of their prisoner, and to deny unauthorized access to or contact with prisoners. 4. It will be the responsibility of the Town Marshal/SRO to make known to persons receiving prisoners all relevant information known concerning safety, health, and/or security hazards. II. DEFINITIONS: A. HANDICAPPED PRISONER: A person with an anatomical, physiological or mental impairment that hinders mobility. B. PRISONER: A person who has been arrested and taken into custody. C. RESTRAINING DEVICES: Equipment that is used to restrain the movement of the prisoner, such as handcuffs, waist chains, or ankle chains. D. SECURITY HAZARDS: Any threat to the security of the prisoner, to the facility in which he/she is held, or to others with whom the prisoner may come into contact. E. STRIP SEARCH: Having a prisoner remove or arrange some or all of the individual's clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarment of these persons. III. POLICY: A. It will be the policy of the Westlake Marshal's Office to practice professional techniques in the restraint and transportation of prisoners. B. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO involved in prisoner transportation will not be required to transport more prisoners than can be safely and adequately controlled by these officers. C. It will be the policy of the Westlake Marshal's Office that juveniles will be transported with the same security precautions as adults but will not be transported in the same vehicles as adults. IV. PROCEDURES: A. PRISONER TRANSPORT OPERATIONS: Resolution 21-38 Page 81 of93 1. PRISONER SEARCH: Prisoners shall be searched each time they are placed in a department vehicle for transportation. Search procedures: a. Focus of Search: The focus of the prisoner search should be for: (1) Weapons; (2) Instruments which can be used to facilitate escape; (3) Instrumentalities of the crime; (4) Evidence of the crime; and (5) Contraband. b. Search by Same Sex: Female prisoners will be searched by a female officer from an outside public safety agency on duty or by female detention officers. Male prisoners will be searched by a male officer or male detention officers. If a person of the same sex is not available, then the person may be searched by someone of the opposite sex, with the exception of a strip search. Searches (excluding strip searches) conducted, regardless of same or opposite sex, will be captured by video camera located in the jail or body worn camera. c. Strip and Body Cavity Searches: May ONLY be conducted with authorization from the Town Marshal AND the on -duty Keller Police Department supervisor. 2. TRANSPORT VEHICLE SEARCHES: Each time a prisoner is to be transported, the vehicle must be examined to ensure that no contraband or similar items are present. Vehicles are not under constant security; therefore, it is assumed that an opportunity has existed for the introduction of contraband, weapons, or other items. Vehicles that are to be used for transporting prisoners shall be searched prior to and immediately after transporting any prisoners. 3. PRISONER TRANSPORT: a. Protective Screen: Department vehicles equipped with protective screens or shields will be the primary vehicles used for transporting prisoners. Prisoners will be placed in the right rear seat of the vehicle, handcuffed behind their backs, and seat belted. Generally, a single officer will transport no more than two (2) prisoners in a screen/shield- equipped vehicle. 4. PRISONER VISUAL OBSERVATION: The Town Marshall/SRO shall always keep prisoners in transport under observation and should not interrupt transport. The only exceptions are: Resolution 21-38 Page 82of93 a. Long Distance Transport: In situations requiring the use of toilet facilities in which constant observation cannot be maintained, officers will select and search compartments prior to use by the prisoner. The prisoner will be searched immediately after washing. b. Assistance During Transport: Only when risk to third parties is both clear and grave and the risk to the prisoner is minimal shall an officer stop to render assistance during a transport. C. Detainee Safety: The Town Marshall/SRO may interrupt detainee transport if the Town Marshal/SRO believes the detainee has become/is becoming unsecured, has/is causing injury to themselves, has/is causing damage to the vehicle, or needs medical assistance. 5. PRISONER COMMUNICATIONS: Prisoners will not be permitted to communicate with anyone during transport, outside of any other person in vehicle. The transport will not be interrupted to allow communications between the prisoner and any other person. The prisoner will be allowed to communicate with other persons after the transport. 6. ARRIVAL AT DESTINATION: Upon arrival at the receiving facility, transport the Town Marshal/SRO will adhere to the following procedures for the specific facility. The Town Marshal/SRO who transfer prisoners are responsible for: a. Securing of firearms. Weapons will be secured in the facility's "lock boxes" provided for that purpose or in the trunk of a secured police vehicle prior to entering a secured area. The transporting vehicle will remain secured until the weapon is retrieved. b. Removing restraining devices just prior to placing the prisoner in a cell. Restraints will be removed by, or at the direction of the receiving officer after the prisoner is properly controlled in a secured area of the receiving facility. C. Delivery of documentation to the receiving Town Marshal/SRO. The transporting Town Marshal/SRO is responsible forthe submission of the necessary paperwork. In situations that require it, the Town Marshal/SRO r shall ensure that proper signatures are obtained on paperwork. d. Communicating to the receiving agency personnel of any potential medical, suicide, or security risks. e. Documenting the confirmation of the transfer from one custody to another. Resolution 21-38 Page 83 of93 7. PRISONER ESCAPES: In the event of an escape of a prisoner during transport, the transporting officer shall cause the following actions to be taken: a. Notifications: The following notifications will be made as soon as possible to the: (1) Public Safety Dispatch Personnel; (2) Town Marshal/SRO and Shift Supervisor of the Town the escape occurred: (a) The Town Marshal shall notify the Court Administrator and Town Manager/designee. (3) Police agency of the immediate jurisdiction; (4) Police agencies of the surrounding jurisdictions; and the (5) Police agency in the jurisdiction of prisoner's last known address. b. Reports: (1) Incident Report; and (2) Any arrest warrants involving the escape. c. Other Actions to be taken: (1) Immediate attempt to apprehend; and (2) Teletype messages to surrounding agencies pertaining to the escape. 8. PRISONER SECURITY HAZARDS: Whenever this Westlake Marshal's Office has knowledge or belief that a prisoner in custody is considered a security hazard, this information shall be related to the receiving agency personnel, when they pick up the prisoner for transport to the Tarrant County Jail, or other agencies picking up a prisoner on their warrant. Aspects to be taken into consideration are: a. Escape risk/history, if any. b. Suicide risk/history, if any. C. Record of assaults on police officers, detention officer, etc. d. Criminal History of crimes of violence. e. Threats or other statements made by or against the prisoner. Resolution 21-38 Page 84 of 93 B. RESTRAINING DEVICES: 1. RESTRAINING PRISONERS: The transportation of a prisoner shall be accomplished using that degree of restraint deemed necessary by the transporting officers to safely complete the task. Westlake Marshal's Office has restraining devices, which may be used singularly or in combination with others. Several prisoners may be restrained by handcuffing the prisoner's hands in front and arms intertwined. No prisoner shall be handcuffed to any outside stationary object or part of the vehicle. The type of restraining device used in transport should be indicated on the booking sheet or the officers report narrative. Nothing in this directive precludes the use of handcuffs in emergency situations. Restraining devices include: a. Handcuffs: To be double locked. b. Waist Chains: Chain bolt type device equipped with a standard set of handcuffs designed to be fastened snug around the prisoner's waist. The wrist is then handcuffed in front to prevent the prisoner from raising their arms. C. Leg Irons (ankle chains): Designed to restrict movement of a prisoner's feet and legs. Leg irons should be used to restrain a combative or escape risk prisoner. d. Leg Restraints: Designed to restrict movement of a prisoner's feet and legs during transport. The practice of hog -typing (tying the hands and feet of someone lying face down) shall not be used by any member of this department to restrain any prisoner at any time. (1) The leg restraint device is placed around the prisoner's legs just above the knees and/or ankles. (2) The prisoner's knees are moved next to the door and the loose end is placed out the rear door. The car door is then closed over the end of the restraint device preventing the prisoner from moving. e. Flex cuffs: A reinforced nylon restraint intended for use when the supply of handcuffs is exhausted. Flex cuffs are placed on the prisoner's crossed wrists. 2. SICK OR INJURED PRISONERS: All arrested persons being transported in a department vehicle will have their arms restrained behind their back. Exceptions may be made in limited situations at the discretion of the transporting officer for reasons, which may include: a. Injured, crippled or incapacitated prisoner; Resolution 2 l -38 Page 85 of93 b. Elderly or ill prisoners arrested for minor offenses; or C. Distance to be traveled. 3. MENTALLY DISTURBED PRISONERS: Mentally disturbed prisoners may pose a significant threat to themselves and the transporting officers. Mentally disturbed detainees may be transported by ambulance and restrained by non -injury causing devices, if necessary. C. SPECIAL TRANSPORT SITUATIONS: 1. SICK, INJURED, AND DISABLED PRISONERS / DETAINEES: The following are procedures for handling injured, disabled or sick prisoners / detainees: a. Sick Prisoners / Detainees: Prisoners / detainees who become ill while in department custody will be evaluated by medical personnel, and if necessary, transported to a medical facility for treatment. b. Injured Prisoners/ Detainees: Paramedics shall examine any prisoner / detainee who is injured prior to or during an arrest situation, or at any time while in department custody. If the subject refuses treatment, Fire Department personnel will obtain a "refusal of service", which includes a signature from the prisoner / detainee. If possible, the employee should record the verbal refusal in the booking -room, on in car camera (if equipped), and/or on their BWC. If the employee obtains a signed refusal form provided by the city paramedic, the form should be placed in the arrest file. Personnel involved in any incident resulting in any injury to any person shall report this to their supervisor and investigated / documented as required. C. Disabled / Physically Impaired Prisoners/ Detainees: Prisoners / detainees with physical or mental handicaps or impairments often need special handling techniques with which officers may not be familiar. This unfamiliarity should be remedied before initiating transport. Prisoners / detainees with physical handicaps may need to be transported in vehicles other than a standard police vehicle. Arrangements will be made to use another municipal vehicle that is specially equipped to handle handicapped persons. The Town Marshal/SRO must use reasonable judgement if the injury causes a deviation from standard department handcuffing procedures and articulate why and how they were deviated. 2. MEDICAL TRANSPORTS: It maybe necessary to transport a prisoner to the hospital or a medical care facility for treatment, examination, or Resolution 21-38 Page 86of93 admission. An ambulance will be used for the transport and an outside public safety agency police officer will stay with the prisoner at all times, including the time in the ambulance. When a medical transport occurs, the following will apply: a. Prisoner's Condition: Medical personnel will be apprised of the prisoner's status, with prior notification if practical. b. Prisoner Contact: Extreme caution will be taken to isolate the prisoner from other patients and the prisoner will be monitored at all times. The outside public safety agency police/guarding officer should not allow visitors, including telephone contact. C. Prisoner Restraint: Restraints will be removed only when deemed necessary and requested by the treating medical staff. d. Prisoner Admission: In the event of admission to the medical facility, the police/guarding officer shall cause the notification of their shift supervisor. The shift supervisor will make arrangements for relief. The police/guarding officers will not leave the medical facility until properly relieved or instructed their supervisor. e. Prisoner Release: When released from treatment, the prisoner's condition should be carefully recorded. All instructions for future treatment and medication should be obtained in writing and signed by the attending physician. The prisoner must be searched and restrained before being transported back to this department's jail facility. 3. TRANSPORTING PRISONERS: The following procedures will be applied in those situations where an officer is required to transport a prisoner: a. The Mobile Video Recording Equipment and or Body Worn Camera will be on during the entire transport. b. Beginning: The Town Marshal/SRO will advise the Public Safety Dispatch personnel of: (1) Starting location; (2) Odometer reading; and (3) Destination. C. Arrival: At the destination the Town Marshal/SRO will advise the Public Safety Dispatch personnel of the odometer reading. Resolution 21-38 Page 87 of 93 D. PRISONER TRANSPORT EQUIPMENT: 1. PRISONER TRANSPORT VEHICLE: The Town Marshal/SRO marked vehicle are equipped with a protective screen/shield to separate the prisoner/ detainee from the operator of the vehicle. 2. VEHICLE MODIFICATION: The Town Marshal/SRO marked vehicle used to transport prisoners/detainees will be modified so that the windows and doors cannot be opened from within the rear passenger area. E. PRISONER DOCUMENTATION: 1. PRISONER IDENTIFICATION: All prisoners/detainees transported from one facility to another, especially those from other police agencies and correction facilities, will be specifically identified. It is important that when the transporting Town Marshal/SRO makes a pick-up of a prisoner, the Town Marshal/SRO is sure that the right person is transported. Identification procedures: a. Photograph and Description: When possible the transporting Town Marshal/SRO should have a photograph or complete description of the prisoner to be transported, including relevant information pertaining to marks, scars, tattoos, or fingerprint classification. b. Known Personal Data: Prisoners will be asked their name, date of birth, and other questions concerning personal identification and this information will be checked against known data. C. Other Agency Identification: The transporting Town Marshal/SRO should check with the detaining agency or correction facility personnel to verify the means by which the prisoner was identified by that agency. d. Reasonable Doubt: When the transporting Town Marshal/SRO has reasonable doubt as to the identity of the prisoner, the officer shall contact the Police Department first to determine if the identity of the prisoner can be confirmed, and second, for further instructions from a superior officer. a. Transports: Prisoner transports from the Keller Jail or another facility, or a prisoner pick-up from another facility, require the following documentation: (1) Tarrant County Sheriff's Office jail registration, as applicable. (2) Magistrates arraignment warning. (3) Any other confirmation holds from all agencies. Resolution 2 1-3 8 Page 88of93 (4) Defendant's financial statement. (5) Medical and Suicide Screening. b. Extradition: (1) In the event of extradition proceedings, transporting officers going out of state should have: (a) Governor's warrant (only if the prisoner has not waived the right to an extradition hearing). (b) A copy of the arrest warrant or case report. (c) Department issued credentials. (2) Prior to leaving with a prisoner to return to Texas, the transporting officers must have documentation showing that a prisoner has been properly arrested pursuant to the governor's warrant or has executed a waiver to an extradition hearing. 3. PRISONER SECURITY INFORMATION: Special information relating to a prisoner's escape or suicide potential, contagious or unusual illness, medical needs and past criminal history (if known) must be made known to the transporting Town Marshal/SRO. This information should be documented on the transport paperwork, to be made known to receiving officers, or Sheriff Deputies, as appropriate. COURT SECURITY 400.02 Effective Date: 10/2/2021 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures for maintaining security in the court facility and to protect the Judge, jury, and all other participants in the court proceedings as well as the public. B. Responsibility: 1. The Westlake Marshal's Office is tasked with providing for the physical security of court participants. The Marshal's Office is also tasked with providing the personnel to ensure courtroom security measures are followed. 2. It will be the responsibility of the Bailiff for the physical security of court participants, escort and security of prisoners, maintaining order and ensuring courtroom security measures are followed. Resolution 21-38 Page 89 of93 3. It will be the Municipal Judge's responsibility for the seating of court participants and the public, and any removal of those persons who are not authorized or interfere with the proceedings. The Municipal Judge may also prohibit hand carried articles in the courtroom, direct the use of physical restraints, designate high -risk trials and request additional security, if needed. II. DEFINITIONS: A. BAILIFF: A person, employed by the Westlake Marshal's Office, who is responsible for the court security function, under the direction of the Municipal J udge. B. COURT: All areas, rooms, spaces, interior and exterior areas of buildings where judicial officers conduct trials, hearings, or other judicial activities. III. POLICY: A. It will be the policy of the Westlake Marshal's Office that personnel assigned to court security will maintain order and ensure the courtroom security measures are followed. B. It will be the policy of the Westlake Marshal's Office that personnel assigned to court security will be provided training on security measures, carrying of weapons, and use of restraints prior to assuming court security duties. IV. PROCEDURES: A. ADMINISTRATION: 1. The Town Marshal/SRO who are assigned as Bailiffs during judicial proceedings will be designated as Bailiffs and act at the direction of the Presiding Judge. The assignment will include physical security of court participants, escort and security of prisoners, maintaining order and ensuring that the courtroom security measures are followed. 2. The Town Marshal/SRO assigned as Bailiffs will work under the direction of the presiding Judge while court is in session. The Bailiff will act as liaison between the Municipal Judge and the department. The Bailiff will communicate directly to the Court Administrator on matters relating to court security. B. OPERATIONS: COURTROOM SECURITY: Appropriate levels of security should prevail in the court facility and/or courtroom to protect the integrity of court proceedings, to sustain the rights of individuals before it, to deter those Resolution 21-38 Page 90 of 93 who would take violent action against the court or participants in court procedures and to sustain the decorum of the court. The following security measures will be performed: a. The Bailiff will arrive at least thirty (30) minutes prior to the court convening. b. The Bailiff will make a physical inspection of the courtroom prior to and after court, and ensure that: (1) The courtroom, lobby and restrooms are free of weapons and contraband. (2) The duress alarms, court camera and intercom are in working order. (NOTE: currently the duress alarms are not functioning) (3) Restraining devices are available. (4) All public entrances at the courtroom are unlocked and free of obstructions. c. The Bailiff will always remain in the courtroom unless otherwise directed by the Municipal Judge while court is in session. 2. MEDICAL EMERGENCIES: a. All telephone calls requesting medical or additional police assistance will be made to 9-1-1 or direct to the Public Safety Dispatch Center. b. In the event of a medical emergency, the Judge may order all proceedings stopped. C. If the medical emergency involves a person who is in custody, the Bailiff will maintain security and request medical assistance and additional officers from Keller Police. d. If the medical emergency involves a court participant or spectator, the Bailiff will maintain security of any prisoners that are present and provide any assistance that he/she can. The public safety dispatch personnel will be contacted by radio. e. If other police officers are present, the ranking Town Marshal/SRO will assume control and direct the actions of the responding units. f. The Bailiff will be responsible, if needed, for all reports generated by a medical emergency. 3. FIRE EVACUATION PLAN: The courtroom fire evacuation plan will be reviewed with court employees at least annually. The fire evacuation plan includes: Resolution 21-38 Page 91 of93 a. All calls for fire emergencies will be made to 9-1-1 or direct to the Public Safety Dispatch Center. b. In the event of a fire in the courtroom, the Bailiff will assume control. c. Those persons present will be instructed to exit through the primary evacuation doors at the west exit of the courtroom. d. They will then exit the building through the main public entrance. e. After exiting the building, persons should be directed to the southeast parking lot toward the parking garage. f. Prior to court convening, the Bailiff will make a physical inspection to ensure that all doors are open and free of obstructions. g. A fire extinguisher will be located on the northwest wall of the courtroom. h. The Bailiff will be responsible for all reports generated by a fire emergency, if applicable. 4. UNUSUAL OCCURRENCES and SPECIAL OPERATIONS PLANS: a. In the event of an unusual occurrence, the Bailiff or ranking Town Marshal/SRO will assume control and request additional police, fire or medical assistance as the circumstances require. These unusual occurrences include, but are not limited to: (1) Bomb threats; (2) Hostage situations; (3) Natural disasters; and (4) High risk trials. b. Bomb threats will be handled mainly by the Westlake Fire Department or mutual aid through a neighboring fire department. Further instructions can be found in the "Courtroom Security Plan". C. Hostage situations will be handled by the North Tarrant Regional SWAT Team (NTR) and will be at their direction. d. Natural disasters will be handled as described in the Town of Westlake Emergency Management Plan. e. Any trial designated as "high risk" by the Municipal Judge will be monitored by the Town Marshal/SRO. If the Town Marshal/SRO and Resolution 21-38 Page 92 of 93 Municipal Judge deems the "high risk" trial to be of "extreme high risk", the Town Marshal/SRO can contact the Keller Police Operations Commander for assistance. 5. DOCUMENTED STUDY: The Municipal Judge, Court Administration, Town Administration, and the Town Marshal/SRO/Bailiff will meet annually to evaluate any plans or procedures that may need to be addressed in regard to court security. 6. CARRYING OF WEAPONS IN THE COURTROOM: Peace officers shall be the only person authorized to carry weapons in the courtroom. 7. RESTRAINTS ON IN CUSTODY PERSONS: All persons who are in custody shall be restrained with handcuffs. Other restraints, such as leg irons or handcuff belts, may be used at the discretion of the Bailiff or responding officers in situations that may be deemed volatile. The Presiding Judge has the discretion to modify this directive as deemed necessary. 8. EQUIPMENT FOR COURTROOM SECURITY: The following equipment will be accessible in case of an emergency: a. The Municipal Judge will have access to an intercom system located in the courtroom. This system will allow the Judge to give notification of an emergency in the courtroom. b. The Bailiff will be equipped with a two-way city frequency radio. c. The courtroom is equipped with a camera, which may be monitored. d. A Garrett 6500i walk through metal detector and or a Garrett Super Wand hand-held metal detector shall be utilized for any pre-trial or trial court proceedings. ALL persons shall be searched utilizing the walk through or the handheld metal detector prior to them being allowed in the courtroom. e. The Bailiff will have access to a flashlight in a case of power failure. f. A duress alarm is installed at the Judge's bench. A duress alarm is also installed at the Court Clerk's desk. NOTE: See the Westlake Court Security Plan for further detailed instructions on courtroom security. Westlake Marshal's Office personnel are expected to adhere to this policy as well as the Westlake Court Security Plan. Resolution 21-38 Page 93 of 93