November 15, 2007MINUTES
WEST MEMPHIS CITY COUNCIL
NOVEMBER 15, 2007
A regular meeting of the West Memphis City Council was held on Thursday, November 15, 2007
at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis,
Arkansas.
Mayor Johnson called the meeting to osier at 1:30 p.m. Invocation was given by Reverend Gary
Hair of Calvary Baptist Church. Cindy Greenwood, Sr. Deputy City Clerk, called the roll. Those
present were: Mayor William H. Johnson, City Attomey David Peeples, City Treasurer Frank
Martin and Councilors, Helen Hams, James Holt, Chester Peeples, Phillip Carter, Lorraine
Robinson, Clarence Davis, James Pulliaum, Ramona Taylor, Herman Coleman, and Marco
McClendon. Absent: City Clerk Phillip Para. Quorum being present, Mayor Johnson proceeded
with the meeting.
MINUTEg
Councilor Davis moved, seconded by Councilor Pulliaum to dispense with the reading of the
minutes of November 1, 2007, and approve them as submitted. Upon voice vote, the voting was
unanimous.
OLD BUSINE8S
2nd Reading An Ordinance to amend Section 2.51.030 of the West Memphis Municipal Code
establishing the salary for the position of City Attomey, and for other purposes.
City Attomey Peeples read the Ordinance for the SECOND time.
2nd Reading An Ordinance to establish the compensation for the position of school crossing
guard and for other purposes.
City Attomey Peeples read the Ordinance for the SECOND time. Coleman moved, seconded by
Hams to suspend the rules and the Ordinance be placed on its thins reading so the salary
increase will become effective January 2008. Roll call vote was unanimous to approve. City
Attomey Peeples read the Orcfinance for the third and final time. Hams moved, seconded by
Robinson to approve the Ordinance. Motion carried by unanimous vote. The Ordinance was
approved and assigned No. 2167.
NEW BUSINESS
Pulliaum moved, seconded by Robinson to suspend the rules and the titles of R-1 and O-1 only
be read. The motion carried.
R-1 A Resolution certifying the removal of grass; weeds; litter; inoperable vehicles; unsanitary;
unsafe; and other unsightly items from private property within the City of West Memphis.
City Attorney Peeples read the Resolution. Hams moved, seconded by Robinson to approve.
The motion carried by unanimous vote. The Resolution was approved and assigned No. 1878.
O-1 An Ordinance to amend Section 4.2 of the City of Personnel Manual of the City of West
Memphis, Arkansas regarding sick leave for newly hired employees and for other purposes.
City Attomey Peeples read the Ordinance for the FIRST time. Mayor Johnson said, as a matter
of explanation, this does not effect any current city employees and will only effect those new
employees hired after this ordinance goes into effect.
PERMISSION REQUESTS
A motion was made by Taylor and a second by Davis to approve the Planning Commission
Recommendation as presented. Motion was approved by unanimous vote. (Copy attached)
CITIZENS REQUESTS
Leo Chitman, 2506 E. Jackson Ave. -said he was present as a messenger of concerns for
pastors and concerned citizens and to express (8) items of concern. (See attached)
COMMITTEE REPORT8
Personnel Committee -Davis said non-uniformed retirement was discussed. A survey was sent
to non-uniform employees effected and 90% of the results were in favor of taking 1 % of the next
raise and putting it the employees pension fund to go towards their retirement. They also
discussed adding a probationary period for new hires to the personnel manual.
Budget Committee -Holt reported they went over sales tax figures and evESrything looks good.
A8P Commission -Taylor reported the Christmas Tree Lighting will be Tue:sday, November 20tH
at 6:00 at Worthington Park. Carriage rides will be available on the weekends beginning the
Friday after Thanksgiving through the holidays from 8:00 until 10:00. There are ads on Channel
5 and the local access channel 17 promoting the events.
Airport Commission -Robinson reported they heard presentations from 3 engineering firms, they
voted to participate in the City Attorney's salary increase should City Cournal approve the raise,
and reported the Runway Rehab Project is now completed.
Park Commission -Holt reported there is approximately $250,000 left from the Tilden Rogers
renovation. The Park Commission and City Council are to have a work session to discuss
options for other park renovations on the second Wednesday in December.
Utility Commission -Davis reported the proposed 2008 budget was approved and will be sent to
City Council for approval. They also held a safety meeting chaired by John Rimmer.
Police Commission -McClendon reported they held two special work sessions to go over the
proposed Policy and Procedures Manual. Copies of the proposed amendments were given and
recommendations were discussed. McClendon moved, seconded by Taylor to approve the
Policy and Procedure Manual with the stated amendments. Discussion wa:~ held. Pulliaum
moved, seconded by McClendon to amend the Policy and Procedures Manual as presented, plus
add the terminology that now exists in the Police Commission Ordinance, i:hat any and all
investigated complaints disciplinary action taken within the Police Department be forwarded to
the commission for review, to the manual. The motion carried. McClendon moved, seconded by
Pulliaum to approve the Policy and Procedures as amended. The motion carried. (See attached)
Public Works Committee -Robinson reported incentives for neighborhoods to take pride in our
streets and our community were discussed. She said they are enforcing Ordinance 393 and
Orclinance 1288 which prohibits putting litter, clippings and leaves in gutters and ditches.
Fire Commission -Davis reported CRH has began collection of EMS and rare expecting good
returns. They approved the proposed 2008 budget and were informed the updated job
descriptions are in place.
Mayor Johnson announced that Business After Hours will be held today at Accent Flowers and
Gifts today from 5:00 until 7:00.
McClendon voiced concerns with regarding the recent shootings we have I~ad in West Memphis
involving juveniles. He announced there will be a rally at Bettis ~ Stuart Street today at 5:00 and
try to take back our community. They are to discuss Neighborhood Watch, Parents Against
Gangs, as well as working with local ministers and the City Council to raisf~ funds for a facility or
park to provide something for our children to do.
Pulliaum asked for information regarding the Utility Commission forgiving a debt for the Facility
Board several years ago. Mayor Johnson to look iMo that for him.
Having no further business to come before the City Council, Councilor Harris moved, seconded
by Councilor Robinson to adjourn. Upon voice vote, the voting was unanirnous. The meeting
adjourned at 2:15 p.m.
PASSED and APPROVED this ~ day of December, 2007.
i %LL ~~i'
WILLIAM H. JOHNSON, (MAYOR
ATTEST:
PH PARA, CITY CLERK
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CITY OF WF:~ST MEMPtIlcS
PLANNING AND DEVELOPMENT
205 S. Redding • P.O. Box 1728 • West Memphis, Arkanxas 72303 • (870) 732-7520 • Fax (870) 732-7650
MEMO
TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission. Coordinator
DATE: November 9, 2007
RE: Recommendations from the regulaz scheduled Planning Commission meeting
held on Wednesday, October 31, 2007, to the Mayor and City Council, on Thursday,
November 15, 2007.
I. Richland Subdivision, Phase IV, 6`h Addition - Aoalication Case# SD-10-Q7 -
The City of West Memphis Planning" Commission recommended to approve Richland
Subdivision, Phase IV, 6~' Addition, for the property owner, Guaranty Loan, represented
by Mr. Dennis Sorrell, Sorrell Consulting Engineers. (See attached a coay of plat.)
Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by the Department
of Public Works;
3. Approval of the improvement plans by the West Memphis Utility Department, as
to easements;
4. Installation of improvements as required by the City Engineer.
An Equal Opportunity Employer
Planning Commission Recommendations\
November 9, 2007
Page two
II. Replat of Lots 5,6,7, and 8, Block 62, Showers Subdivision, Application
Case# SD-11-07 -The City of West Memphis Planning Commission recommended to
approve Replat of Lots 5,6,7, and 8, Block 62, Showers Subdivision, for the property
owner James Carpenter, represented by Dennis Sorrell, Sorrell Consulting Engineers.
(See attached a copv of Replat.)
Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by the Department
of Public Works;
3. Approval of the improvement plans by the West Memphis Utility Department, as
to easements;
4. Installation of improvements as required by the City Engineer.
III. Replat First Addition Interstate Retail Park, Application Case# SD-13-07 -
The City of West Memphis Planning Commission recommended to approve Replat,
First Addition Interstate Retail Pazk, represented by Mark Donley, Barge, Waggoner,
Sumner & Cannon. (See attached a copy of Replat.)
Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by the epartment of
Public Works;
3. Approval of the improvement plans by the West Memphis Utility Department, as
to easements;
4. Installation of the improvements as required by the City Engineer.
k
Planning Commission Recommendations
November 9, 2007
Page three
IV. Final Plat Rainer Village Estates Subdivision, Annlication Case# SD-14-07 -
The City of West Memphis Planning Commission recommended to approve Final Plat
Rainer Village Estates Subdivision, for the property owner, Dale Lancaster, represented
by Shawkat Ali, ETC Engineers. (See attached a cony of Plat.)
Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. ,Installation of grading and drainage improvements as required by the Department
of Public Works;
3. Approval of the improvement Plans by the West Memphis Utility Department, as
to easements;
4. Installation of improvements as required by the City Engineer; and
Subject to letter regazding gas line easement.
WEST MEMPHIS, AR
NOVEMBER 15, 2007
CITY COUNCIL MEETING
PRESENTATION OF CONCERNS FOR:
PASTORS AND CONCERN CITIZENS, AND AS AN INDIVIDUAL:
1. Where is the Mayor's cooperation with previous request?
2. Asking City Council to support "Operation Deep Freeze."
3. Police Department Policy Changes - "Minor". What opportunity did you
allow for Citizens input?
4. The City is in the process of amending the budget. Will the Utility
rate payers bill be reduced?, Sanitation fees be reduced? Funds transferred
from these and similar Departments indicate that there is excess
money in their budgets.
5. Anew Department is being proposed at a cost of $100,000.00 to
$150,000.00 to become operational as a Code Enforcement Department. If
these funds are being taken from Federal Sources, will Citizens be allowed
to participate in the decision? If so, When?
If not, why?
6. There are some EXPRESSION IN THE CITY stating that there is no Citizen
treatment problems in West Memphis, AR. IF LOCAL OFFICIALS WILL NOT TAKE
RESPONSIBILITY AND REPRESENT THEIR CITIZENS THEN OTHER SOURCES HAS TO BE
FOUND TO DO SO, BE THEY OUTSIDE OR ELSEWHERE. (National Action Network,
National Commission on Religion and Racism C.O.R.R., and etc.)
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
:Neadin~ Mobile~Video Recording Equipment
Chapter Two i Effective Date
Section Fifteen Issued Date
Number of
i Eight Revision
panes ~
Appro~~al West Memphis City Approved
Council Dade
PURPOSE AND DEFINITIONS:
A. The West Memphis Police Department has adopted the use of mobile
video/audio recording systems in order to accomplish several objectives.
These objectives include, but are not limited to:
1. The enhancement of officer reporting, evidence collection and court
testimony through audio/video documentation of events, actions,
conditions and statements made during arrests and critical incidents.
2. The enhanced ability to review probable cause for arrest, arrest
procedures, officer and suspect interaction and evidence for
investigative purposes, and:
3. Police officer evaluation and training.
S. This directive provides guidelines for the use of mobile video/audio
recording equipment.
C. In this directive, "MVR" shall mean all elements of the mobile video/audio
recording equipment. Wherever the operation of the MVR is referenced,
such operation includes both the audio and video capabilities of this
equipment (wireless body microphone and vehicular equipment).
D. MVR equipment will be assigned and deployed at the direction of the Chief
of Police. Generally, installation will include but not be limited to, patrol
vehicles and vehicles from specialized units such as traffic.
E. For the purpose of this directive, supervisor will mean a Sergeant,
Lieutenant or Captain assigned to supervisory responsibility with the West
Memphis Police Department.
Page 1 of 6
WEST MEMPIiIS POLICE DEPARTMENT
POLICY AND PROCEDURES
F. Officers should be aware of 5-53-111: Tampering with physical evidence
statue in the criminal code. This statue will apply to all recordings, (either
audio or video) made by the MVR systems. Any attempts to alter, destroy,
suppress, remove or conceal any of these recordings can subject an officer
to investigation.
RESPONSIBILITIES AND LIMITATIONS
A. The Chief of Police Designee will be responsible for ensuring that all MVR
equipment is properly installed and maintained and the appropriate
personnel are trained in the operation of the MVR equipment.
1. MVR equipment malfunctions will be recorded in a manner consistent
with other mechanical problems and vehicles experiencing MVR
equipment malfunctions will be removed from service when possible.
B. Unusual or exceptional incidents related to law enforcem~.ent activities
generate the interest of many. Ilowever, officers shall not afford individuals
autside the parameters of law enforcement"the opportunity to review a
segment of any recording without prior authorization of the Office of the
Chief of Police or the Assistant Chief of Police.
1. The Division Commander will establish whether a particular MVR
recording or a portion of a MVR tape is subject to disclosure and will
ensure that the Department responds to all requests in a lawful
manner.
2. Departmental response to informational requests may include access
to (viewing of) or duplication of MVR recording. The Division
Commander will collect a duplication fee as appropriate.
C. Requests for copies of MVR recordings from other law enforcement agencies
or governmental entities will also be forwarded to the Office of the Chief or
Assistant Chief of Police for review and response.
D. Civilians requesting copies of MVR recordings will be directed to the Office
of the Chief or Assistant Chief of Police.
E. No recording will be copied or otherwise distributed, disseminated or
. released for use outside the Department unless authorized by the Chief or
Assistant Chief of Police.
E. The procedures specified in this section are not required for MVR copies,
which may be included in case files submitted to the Prosecuting Attorney's
Office or for originals or copies taken to court as evidence by officers.
Page 2 of 6
Wt;~'1' ML+'1VlYHl~ YUL1C;t+; llL+'YAK'1'1V1L+'1V'1'
POLICY AND PROCEDURES
G. The property evidence officer or Information Technology Officer will be
responsible for the retrieval of original to be copied from the storage facility.
A supervisor will be responsible for returning the original to the property
evidence officer.
1. A supervisor may authorize the use of a vehicle in which the MVR
equipment is inoperable, however, this authorization will be noted in
writing in advance and will be submitted along with all documentation
requesting repairs.
2. MVR equipment will be included in all regular vehicle inspections.
H. The supervisor of each unit in which MVR equipment is utilized will insure
that all recordings will be identified by serial number as prescribed in this
directive.
I. The evidence /property offcer wiU.be responsible for responding to all
requests for access to MVR records as provided by this directive.
J. Patrol Supervisors will be responsible for maintaining working MVR
systems, as prescribed by this directive. This responsibility will not be
delegated except in those cases of absence where all other supervisory
responsibilities are also delegated to a subordinate.
K. Supervisors, on a daily basis, will randomly review recordings to assist in
periodic assessment of officer performance, determine whether MVR
equipment is being fully and properly utilized, and identify material that may
be appropriate for training.
L. Officers will be responsible for the operation of MVR equipment as
prescribed by this directive.
M. Tampering with or disabling MVR equipment, shielding, or taking- any other
action, which interferes with the proper operation of MVR, equipment is
cause for disciplinary action.
OPERATION OF MVR EQUIPMENT
A. Specific information concerning the actual physical operation of MVR
equipment will be provided to appropriate personnel through training
conducted by the Training Division with input from Administrative Services.
Page 3 of 6
~'VL:~'I' ML+'MYtfl~ YUL1C;1~; DEPARTMENT
POLICY AND PROCEDURES
S. MVR equipment will be installed so that the video automatically activates
whenever the vehicle's blue lights are activated. Officers will confirm
automatic MVR activation and turn on the wireless microphone. MVR
equipment may be manually activated at any time.
C. Officers will ensure the proper alignment, focusing and positioning of MVR
equipment to provide quality documentation.
D. MVR equipment, including the wireless microphone, will. be activated during
all traffic stops, pursuits, and enforcement actions, including calls for service
and field contacts and interviews. The officer will insure that the wireless
microphone remains activated at all times during citizen contact to provide
narration with the video.
1. MVR equipment may also be utilized to document crime and accident
scenes or other events such as where evidence or contraband is
collected or where the documentation of a suspect's actions may prove
useful to further prosecution.
2. Officers will activate MVR equiprrient whenever ucstructed to do so by
any supervisor.
3. Officers must be aware that even though the officer may be out of
sight of the video record, there may be an audio record that is
transmitted from the wireless body microphone whenever the MVR.
equipment is activated.
4. Officers will not deactivate the MVR equipment until the recorded
contact is complete.
5. On all reports, tickets and citations initiated while the MVR
equipment was activated, officers will write the incident number,
assigned by the software in the narrative to denote: that the equipment
was in use.
E. Officers may deactivate the MVR video and wireless microphone equipment
during non-enforcement activities such as during meals and other breaks and
during private conversations. The officer will be responsible for insuring
that the system is fully activated including the wireless microphone when an
incident occurs.
A. Officers must carefully consider deactivation of MVR equipment and
must be prepared to justify deactivation in the event that an incident
occurs while the MVR equipment is deactivated.
Page 4 of 6
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
B. Intentional deactivation during incidents where the use of the MVR
equipment is required by this directive may be cause for disciplinary
action. Obstructing, shielding, or any act of interference with the
MVR equipment is not permitted.
C. Officers will not cease recording an event, situation, or other
circumstance solely at the demand of anyone other than the officer or
supervisor. Officers will inform those who ask that video/audio
recording equipment are in use.
D. Officers will verbally confirm their intention to deactivate the MVR
equipment on the audio portion of the system prior to it being
deactivated each time.
F. Proper care of MVR equipment installed in vehicles is the responsibility of
the officer assigned to the vehicle. Officers will inspect the MVR equipment
at the beginning of the tour of duty; any problems with the MVR equipment
will be referred to a supervisor. Officers will monitor the MVR equipment
during their tour of duty for quality control and are required to notify a
__ _ _ supervisor if the MVR tape is full or of any:problems with the systems..
G. Any MVR equipment will remain with the vehicle at the end of the tour of
duty, unless otherwise directed by a supervisor.
H. In the event of a critical incident, i.e., when an officer is disabled, the first
officer on the scene may play the recording back on the monitor in the patrol
unit in order to obtain any necessary information.
MANAGEMENT OF RECORDINGS
A. Secure recordings storage facilities, duplication equipment and recording
inventories will be established and maintained in each division in which
MVR equipment is utilized.
A. Recordings will be maintained for a period of (90) ninety-days.
B. All recordings will be labeled with a standardized serial number
C. Recordings•will be logged into and out of the evidence/property room
as needed for court, training, etc. Chain of custody will be strictly
maintained.
D. A supervisor or officer shall contact the Evidence Officer or
Information Technology officer when a recording must be preserved:
Page 5 of 6
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
• If the recording is evidence in a criminal case or should be kept for
evidence.
• Any recordings that are to be preserved as evidence in a criminal
case and needs to be retained and kept with other case evidence.
• A serious or critical incident occurs involving criminal or civil
ramifications affecting the West Memphis Police Department or
City Government, i.e., police shooting, police assaults, vehicle
chases, accidents, etc. on video.
• Any action a supervisor feels needs to be preserved and not
destroyed.
B. In the event that an officer determines that recording is needed as evidence in
support of an arrest or for other investigative purposes, t:he officer will
immediately notify a supervisor.
C. Supervisors will also ensure that documentation of all recordings are
- included in supervisory review files required by directives, including parsuits
and use of force, even if they are not utilized as evidence.
D. Supervisors will manage all supervisory MVR equipment in a manner
consistent with this section.
E. Officers will notify a supervisor in the event that recording may contain
material the officer believes might be helpful in departmental training. The
supervisor will evaluate the recording and if appropriate, forward a written
account of the incident. The Training Division Commander will determine
whether the records are incorporated into training as appropriate.
REQUESTS FOR ACCESS TO OR COPIES OF RECORDINGS
A. MVR records are to be considered departmental documents intended only to
further the law enforcement and management functions of the department.
D. All requests for access to or for copies of MVR recording will be forwarded
through the chain of command to the office of the Chief of Police.
C. Any attempts to access the storage server without proper access will subject
the officer to investigation.
Page 6 of 7
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
Heading_ Deadly Force
Chapter Seven Effective^Date
Secfion '~, TWO Issued Date
~I Dumber of pages ~ FOUr Revision
Approval West Memphis City
Council Approved Date
The following policy will govern the use of deadly force and the investigative
procedures thereof:
1: Definitions:
A. Violent Felony - A felony in which the suspect has used, or threatened to use,
force that will cause death or serious physical injury.
B. Deadly Force -Physical force that under the circumstances in which it is
used is readily capable of causing death or serious physical injury (5-2-601
(5))•
C. Juvenile -Any person under the age of eighteen (18) years.
D. Probable Cause -Facts and circumstances known to a reasonable and
prudent police officer, which lead him to reasonably conclude that a crime
has been committed and the suspect, committed it. Probable cause exists
when facts and circumstances within an officer's knowledge, and of which he
has reasonably trustworthy information, are sufficient to warrant a man of
reasonable caution to believe that an offense has been, or is being,
committed. Probable cause is such belief as would appear reasonable to the
ordinary and prudent police officer of similar experience under like
circumstances. Such belief is not reasonable if the officer is reckless or
negligent in having such belief or in acquiring or failing to acquire any
knowledge or belief of fact or of law which is material to the justifiability of
his use of force.
E. Exhaustion of All Other Reasonable Means -All other reasonable means
have been exhausted when an officer has tried to control conflict by using
all alternate methods other than deadly force; however, all other
reasonable means may be considered to have been exhausted when an
officer analyzes a set of circumstances and honestly and reasonably
concludes that any other means will be ineffective, useless, or hazardous to
the officer or some innocent third party. In order to qualify as having
exhausted all other reasonable means, the officer must be able to show that
his/her use of deadly force was IMMEDIATELY necessary. The officer
WEST MEMPHIS POLICE DEPARTMENT ~.
POLICY AND PROCEDURES
must also have communicated his identity and purpose to the suspect,
unless these facts are already known by the suspect or cannot
REASONABLY be made known to the suspect under the circumstances.
Where feasible, warning should be given the suspect by identifying
himself/herself as an officer, or by an oral order to halt, or by an oral
warning that deadly force might be used. In deciding whether the use of
deadly force is reasonably necessary, the officer must consider whether
other action could eliminate the immediate need far deadly force.
2. Use of Deadly Force Authorized:
Officers shall use only the minimum amount of force, which is consistent with the
accomplishment of their duties and must exhaust every other reasonable means of
prevention, apprehension, or defense before resorting to the use of deadly force.
Pursuant to state law, deadly force may be used in the following circumstances,
AFTER ALL OTHER REASONABLE MEANS OF APPREHENSION OR
PREVENTION HAVE BEEN EXHAUSTED:
a. In self defense where the officer has been attacked with deadly force; is
being threatened with the use of deadly force; or where the officer has
probable cause and reasonably perceives an immediate threat of deadly
force.
b. In defense of others where a third party has been attacked with deadly
force; is being threatened with the use of deadly force; is in danger of
serious bodily injury or death during the actual commission of a crime
against his/her person; or where the officer has probable cause and
reasonably perceives an immediate threat of deadly force to a third party.
c. To prevent the commission of a violent felony in progress.
d. If the officer has probable cause to believe that a fleeing suspect has
committed a violent felony.
e. If the officer has probable cause to believe that a suspect poses a threat of
serious physical harm to the officer or to others unless he/she is
immediately apprehended.
f. To kill an animal which poses a direct threat to the safety of the officer or
other persons.
3. Use of Deadly Force Prohibited:
The use of deadly force is prohibited in the following circumstances:
a. To apprehend or arrest a person for a misdemeanor offense.
. WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
b. To effect the arrest of any person for escape from the commission of any
misdemeanor offense.
c. As warning shots.
d. To apprehend or arrest a person known to be or believed to be a j uvenile,
unless the use of deadly force is immediately necessary in the defense of the
officer's life or of another person's life when all other reasonable means
have been exhausted. The officer's knowledge or belief of a person's age
may be based upon factors such as the officer's previous knowledge of the
person, hislher observations of the person's appearance, or upon reliable
information given to him/her by other persons.
e. To apprehend or arrest a person fleeing from a felony which is not a violent
felony. This includes, but is not limited to, felonies such as auto theft, theft
of property, embezzlement, fraud, burglary of an auto, or any other felony
that does not involve the use of deadly force, attempted use of deadly force,
or threatened use of deadly force.
f. From or at any moving vehicle, except in a case where a violent felony has
been committed in the officer's presence and the officer has determined
that there is a much greater threat to innocent lives by not using deadly
force.
4. Notification Procedures When Weapons are Fired:
When any officer of the West Memphis Police Department discharges any
firearm, whether on duty or off duty, regardless of the type of firearm, the
officer will immediately report the incident to the dispatcher who will notify the
Shift Commander. This Commander will proceed to the scene of the shooting
and will begin an immediate investigation and notify the Chief of Police of the
incident. The Commander will insure that a Use of Force report is completed.
The investigator of the Internal Affairs Unit and a shooting investigation team
will be notified and will respond for an on-the-scene investigation in all shooting
incidents, including:
a. Any shooting by an officer, either on-duty or off-duty, regardless of the
weapon, which involves death or injury to a suspect, other officers, or a
citizen.
b. Any shooting by an officer, either on-duty or off-duty, regardless of the
weapon, where a suspect has been fired upon.
c. Any incident where a suspect has shot an officer.
WEST MEMPHIS POLICE DEPARTMENT ;
POLICY AP1D PROCEDURES
d. All accidental shootings by an officer that occur, on duty or off duty,
resulting in property damage involving a police issued weapon listed as a
police service weapon.
5. Investigation:
A. The Internal Affairs Unit Commander will conduct a separate investigation
from the designated Shooting investigation team. The shooting
investigation team members shall be designated by the Chief and/or Asst.
Chief and will be assigned as needed. Other department personnel may be
assigned to assist the team as necessary. When possible, the Shooting
Investigation Team will be investigator (s) from the Arkansas State Police.
B. The primary objective of the Shooting Investigation Team is to investigate
any and all shooting incidents involving police officers which occur as a
result of intervention by officer (s) in a crime, self defense, or defense of
another situation. When this happens, The Shooting Investigation Team
will be called to handle the investigation of the incident, including obtaining
statements and supplemental reports.
6. Review Procedures:
All reports, including the Use of Force report will be submitted to the Internal
Affairs Division. The Internal Affairs Commander will present the report,
Crime Scene Report, Shooting Investigation Report, copies of arrest reports,
offense reports, and memos to the Chief of Police for review.
Upon reviewing all initial reports, the Chief of Police will take the following
action:
a. Order a new and/or any additional investigations as required.
b. Concur with the investigative fmdings that the officer(s) was justified in
the use of deadly force and order notification of the officer of said findings
by letter.
c. Concur with the investigative findings that the officer(s) was not justified in
the use of deadly force and direct administrative processing of the
Statement of Charges issued by the Internal Affairs investigator under the
established disciplinary procedures.
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
fleadina Promotional Policy
'~~ Chapter One ~I Effective Date
Section Five Issued Date
Number of ~' Three ' Revision ~~
~~ pages I
West Memphis City Appro~~ed
Approval
Council Date
_ I
PURPOSE:
•,
The purpose of this procedural order is to establish a fair and equitable means of
selecting the best-qualified person for advancement to the next higher rank.
OBJECTIVE:
The objective of the promotional policy and procedures is to provide a means to
ensure that the best possible candidate for promotion is selected. The West
Memphis Police Department does not discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, or disability in employment.
POLICY:
1. Promotional tests will be given for Sergeant and Lieutenant.
2. The Chief of Police will appoint promotions to Captain and above.
3. The written test will derive from the West Memphis Police Department
Policy and Procedures Manual, Arkansas Criminal Code, Law Enforcement
Pocket Manual, the City of West Memphis Personnel Manual, and will be
reviewed by the City Attorney. A neutral third party, designated by the
Chief of Police will administer the written test. Results will be forwarded to
the Chief of Police and scores will be posted in the Police Department.
4. All eligible employees may take the test.
5. To be eligible for any promotional test, employees must meet the
requirements of eligibility as outlined in the current job description as of the
date of testing.
6. Promotional tests will be given annually and be valid for 1 year from the test
date.
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WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
7. After the promotional process and scoring is complete, the top 50% will
form the eligibility list from which the Chief may select f'or promotion. After
promotions, the top 50% of the remaining applicants will form a new
eligibility List, which will be valid for one (1) year.
8. All promotions are subject to one (1) year probation. Substandard
performance will result in reduction of rank.
9. Officers who have been demoted from a supervisory rank are not eligible for
promotional testing for two years after the date of demotion.
SCORING:
1. Written Test: 50 points
A written test will be administered with 100 questions for a maximum of 100
points. The officer's written test score will then be divided by 2 for a total:
which is applied to his/her overall promotional score.
2. Longevity: 10 oints
Beginning with the completion of the third year, officers will receive 1 point for
each year up through the 12th year and will be applied to his/her overall
promotional score.
3. College Education: 6 points
Officers will receive points for college education, which will be applied to his/her
overall promotional score and will be scored as follows:
College
1 yr. (30 semester hrs.)
2 yrs. (60 semester hrs.)
3 yrs. (90 semester hrs.)
4 yrs. (120 semester hrs.)
Bachelor degree or higher
Promotional Points
2 point
3 points
4 points
5 points
6 points
** Each officer will be responsible for submitting a certified transcript of college
credits for the educational segment for each testing rocess. **
ti ,
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POLICY AND PROCEDURES
4 Performance Evaluations: 25 points
Performance Evaluations will be completed annually and scored at 100 points
maximum. The officer's Performance Evaluation score will then be divided by 4
for a total that will be applied to his/her overall promotional score.
Performance Evaluations will include areas such as unexcused absences, abuse
of sick leave, tardiness, attendance record, job knowledge and ability,
proficiency, dependability, and cooperation.
5 Disciplinary Actions: 9 points
Each officer will automatically receive a total of 9 points to their overall
promotional score for no disciplinary actions received against them within the
last year. Officers who have received documented disciplinary action such as
reprimands, counseling statements, or suspensions without pay will have these
points taken away from their overall score. Observed Behavior Reports (OBRs) are
riot considered and are excluded. Only 10 points maximum can be taken away from
an officer's overall promotional score. Subtractions from an officer's
Disciplinary Action score will be calculated as such:
(2) Points will be subtracted for each day of suspension without pay received
within the last year.
(1) Point will be subtracted for each documented reprimand and/or
counseling, statement received within the last year. (OBRs excluded)
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