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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 f ,Near 'Mt ~ • ~• •t~Nw M4 ~b • 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. Page 1 of 3 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 , Page 2 of 3 t 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) Page 3 of 3