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HomeMy WebLinkAbout8-20 Public Safety GeneralPOLICY neehi ll COUNTY 1.0 Purpose• Section Protective Services Policy Title Public Safety General Policy No. Page 8-20 1 of 12 Date: Resolution No. July 19, 2022 227/22 Kneehill County Council's vision includes a safe, rural community. Protective services play a key role in enhancing the lives of our residents in pursuit of quality of life. Public Safety is comprised of professionals committed through cooperative and positive attitudes to be an exemplary model in the delivery of quality of life services through enforcement and safety initiatives. References to the Act shall mean the Alberta Peace Officer Act and Regulations. 2.0 Guidelines: Public Safety is committed to continuous improvement through: • Accountability for our actions • Inter -agency cooperation • Progressive attitudes • Staff development and training within allocated resources Public Safety will strive to increase the quality of life and level of public safety in Kneehill County by: Peace Officers enforcing authorized provincial statutes within their individual Appointments. • Peace Officers enforcing municipal bylaws within the Kneehill County authorizing bylaw and policies. • Cooperating with, and assisting, internal county departments • Cooperating with, and assisting, external agencies, such as the RCMP, Fire Departments, Family and Community Support Services (FCSS), School Divisions, and other agencies. • Increasing awareness of public safety issues Kneehill County's Public Safety Peace Officer program is authorized under the Peace Officer Act, Peace Officer Regulation, and the Peace Officer (Ministerial) Regulation. All Kneehill County Peace Officers will abide by the Public Security Peace Officer Program: Policy and Procedures Manual, and amendments there to. Peace Officer authority is valid only while an individual is lawfully employed by the specified authorized employer and is "on duty", performing duties and responsibilities listed on their appointment. A Peace Officers enforcement authority is limited to the statutes listed on their appointment, within the territorial jurisdiction specified. POLICY section Policy No. Page Protective Services 8-20 2 of 12 ..�nee%iZl COUNTY Policy Title Date: Resolution No. Public Safety General July 19, 2022 227/22 3.0 Code of Conduct: a) Members will abide by Kneehill County's Employee Code of Conduct, Social Media Policy as well as inclusions of this policy b) Peace Officers are professionally trained and will honor their Duty as a member of a professional group of officers under the Alberta Solicitor General. • By pure definition, Duty is something that one is expected or required to do by moral or legal obligation. The binding or obligatory force of something that is morally or legally right; moral or legal obligation, an action or task required by a person's position of occupation; function. Kneehill County Public Safety Peace Officers will embrace this definition and take pride in the Duty that they have with being a Peace Officer. ■ Peace Officers are accountable and transparent being ultimately responsible for the results of their decisions, actions or inactions. All Public Safety employees are an integral part of a team at Kneehill County. Integrity in the public service also imposes on public services, at all levels, a commitment to the truth and therefore an obligation to speak the truth; to provide management and with a full range of analysis and advice that will help them make the best possible decisions for the public good. As per the Peace Officer Regulation, the Code of Conduct (applicable to the duties and responsibilities of peace officers) must comply with: (a) the terms and conditions of the Kneehill County's authorization, (b) the terms of the peace officer's appointment, (c) the terms of this policy including: • prohibiting peace officers from engaging in disorderly or inappropriate conduct, or acting in a way that would be harmful to the discipline of peace officers or that is likely to discredit the office of peace officer ■ prohibiting peace officers from withholding or suppressing information, complaints or reports about any other peace officer • requiring peace officers to promptly and diligently perform the peace officers' duties and responsibilities • prohibiting peace officers from making or signing false, misleading or inaccurate statements, ■ prohibiting, without lawful excuse, peace officers from destroying, mutilating or concealing records or property, or altering or erasing an entry in a record • respecting when confidentiality must be maintained, requiring peace officers to properly account for or return money or property that the peace officer receives in the peace officer's capacity as a peace officer • prohibiting activities that may or will result in a conflict of interest or an apprehension of or a lack of integrity in the office of peace officer • prohibiting peace officers from using the peace officer's position for the peace officer's own advantage or another person's advantage • prohibiting peace officers from exercising the peace officer's authority as a peace officer when it is unnecessary to do so POLICY ,��eehil� COUNTY Section Protective Services Policy Title Public Safety General Policy No. Page 8-20 3 of 12 Date: Resolution No. July 19, 2022 227/22 ■ prohibiting peace officers from consuming alcohol while on duty • prohibiting peace officers from consuming controlled drugs and controlled substances under the Controlled Drugs and Substances Act (Canada), and except in the performance of the peace officer's duties, prohibiting peace officers from possessing controlled drugs and controlled substances the possession of which is prohibited by law 4.0 Complaints Against Peace Officers: The professional handling of complaints in regards to actions taken by peace officers has a direct impact on accountability and responsibility. A complaint is captured under the auspices of the Act and Regulations if it is made in writing to the authorized employer. If a complainant is unable to provide a written complaint due to a valid reason, then Kneehill County, as the authorized employer, shall take what steps are necessary to have the complaint recorded in writing. Regardless, whether Kneehill County receives a complaint directly, if the manager or supervisor learns of a complaint or serious incident, the employer must deal with the matter in accordance with Part 2 Complaints and Discipline of the Act. 4.1 Complaints Process. a) A written complaint is received by Kneehill County. b) Kneehill County, the employer, must within 30 days and in writing, acknowledge receipt of the complaint to the complainant. c) Notify the peace officer involved of the complaint if appropriate (refer to section 4.6 of this Policy) d) Kneehill County must advise the Ministry of public complaints in accordance with Incident Report Form. e) Investigate the allegations of the complaint by interviewing the complainant, any witnesses, the peace officer(s) involved if they so consent, and any other person who may have knowledge relevant to the occurrence. A °^ ^w any relevant documents in existence pertaining to the occurrence including, but not limited to: ■ Occurrence reports ■ Dispatch logs • Peace officer notebook(s) • Court reports ■ Legal documents ■ In car video recordings ■ Body worn camera recordings ■ Other recordings, if available r the complainant, the peace officer involved if appropriate, and Director (Director of Law cement, Province of Alberta) as to the status of the investigation at least once every 45 days. conclusion of the investigation, Kneehill County must notify the complainant, the peace officer ved, and the Director of the disposition of the complaint using the following wording: ■ 'the complaint is unfounded' —this means that on the basis of a thorough investigation no reasonable belief exists that the complaint has merit or basis. POLICY ,Xnechill COUNTY Section Protective Services Policy Title Date? Policy No. 8-20 Public Safety General July 19, 2022 Resolution No. 227/22 'the complaint is unsubstantiated' — this means that on the basis of a thorough investigation there is insufficient evidence to determine the facts of the complaint and that it may or may not have occurred. 'the complaint is found to have merit in whole or in part' —this means that on the basis of a thorough investigation that o 'in whole' a reasonable belief exists that the peace officer has engaged in misconduct in regards to the entirety of the complaint; or o 'in part' a reasonable belief exists that the peace officer has engaged in misconduct in regards to a portion(s) of the complaint, but not in its entirety. • 'the complaint is frivolous, vexatious or made in bad faith' —this disposition will be used when Kneehill County chooses not to investigate a complaint as per Section 15(2) of the Act which allows no investigation to occur when the complaint is deemed to be frivolous, vexatious, or made in bad faith. i) In the event a complaint is found to have merit in whole or in part, Kneehill County must state what disciplinary action has been taken and it must be in accordance with the agency's disciplinary policy filed with the Director and the Ministry of Justice and Solicitor General. j) The conclusion letter issued to the complaint must contain the following closing paragraph which communicates to the complainant that appeals of the decision reached by Kneehill County must be addressed to the Director as required by the Act: "PLEASE BE ADVISED YOU HAVE THE RIGHT TO APPEAL THESE FINDINGS TO THE DIRECTOR OF LAW ENFORCEMENT FOR THE PROVINCE OF ALBERTA PURSUANT TO SECTION 15(4) OF THE PEACE OFFICER ACT. AN APPEAL MUST BE IN WRITING AND INITIATED WITHIN 30 DAYS OF RECEIPT OF THIS DECISION, AND ANY DECISION REACHED BY THE DIRECTOR OF LAW ENFORCEMENT ON APPEAL IS FINAL." Correspondence to the Director must be sent to: Director of Law Enforcement loth Floor, 10365-97 Street Edmonton, AB. T5J 3W7 An example of a disposition letter is found in the Peace Officer Manual appendices. 4.2. Complaints Not Requiring Investigation by the Authorized Employer (Section 15.2 of the Act) It is recognized that some complaints will be made under circumstances in which an investigation is not required. The legislation has included four circumstances under which an Kneehill County may choose not to investigate a complaint if, in the opinion of Kneehill County, the complaint falls into one of noted categories: a) Frivolous. A complaint intended merely to harass or embarrass. lael lq m ,Wneehi ll COUNTY Section Protective Services Policy Title Public Safety General Policy No. ! Page 8-20 5 of 12 Date: Resolution No. July 19, 2022 227/22 b) Vexatious. Complaint that has no basis in fact or reason, with its purpose to bother, annoy and embarrass the peace officer or authorized employer. c) Bad Faith. Filing the complaint with intentional dishonesty or with intent to mislead. d) Public complaints received regarding quality of service relating to the interpretation or application of legislation, investigation outcome or action taken as a result of an investigation are not normally considered complaints against the conduct or actions of a peace officer. After a review, Kneehill County may choose not to investigate these occurrences pursuant to Section 15.2 of the Act. • Reasons for not investigating complaints by reason of the above definitions must be explained in written format to the complainant and advise them of the ability to appeal to the Director. • All complaints disposed through this section must be reported to the Director monthly. 4.31nformal Complaints Resolution: a) Any complaints concerning the conduct of a member shall be in writing and endorsed with the original signature of the complainant and submitted to the CAO or designate. b) These complaints are captured and investigated under the provisions in the Peace Officer Regulation. c) The CAO or designate shall meet the complainant to discuss their concerns, circumstances, facts, and any other information pertaining to the complaint. If a mutually agreeable solution can be reached by all parties involved, the complaint shall be deemed to be resolved and no further investigation will be necessary. All complaints resolved in this manner pursuant to the Peace Officer Regulation or Act will be reported to the Director of Law Enforcement. d) Any other performance issues shall be referred to the processes outlined in Kneehill County's Human Resources Policy. e) All complaints resolved in this manner, pursuant to the Act, must be reported to the Director within one month. 4.4 Appeals of Decision: a) Any decision reached by Kneehill County relating to a written complaint may be appealed to the Director of Law Enforcement by virtue of Section 15(4) of the Peace Officer Act. b) A complainant may appeal a decision within 30 days, in writing, to the Director. The Director is then required by the Act to conduct a review of the circumstances and after consideration may direct Kneehill County to take any action the Director considers appropriate or confirm, reverse or vary Kneehill County's disposition. c) The decision of the Director under this review process is final and there are no avenues for appeal. d) An investigation of an appeal may follow the Investigation Process as outlined in the Peace Officer Manual. 3(neehill COUNTY Section Protective Services Policy Title Public Safety General 4.5 When Appropriate to Notify Peace Officer About Complaint: POLICY Policy No. f Page 8-20 16 of 12 Date: Resolution No. July 19, 2022 227/22 There may be circumstances where a notification may unduly have a negative impact on an internal investigation or place the complainant in an unfavorable position, the notification to the peace officer may be delayed for a period of time. Consideration must be given to delay informing the peace officer when it may reasonably be suspected that: a) The complainant may be placed in danger, b) The complainant may face other inappropriate action by the peace officer should the peace officer be informed, c) The notification may impede the gathering of evidence during an internal investigation conducted under the Act, d) A reasonable likelihood exists that the complainant may lead to charges under federal or provincial legislation and that notification of the peace officer could impede any resulting police or other investigative agency investigation, or e) Any other situation identified by Kneehill County or Director in which it may be appropriate to delay informing the peace officer about the complaint. 4.6 Authorized Employer Initiated Investigations: a) As an authorized employer, Kneehill County must ensure that peace officers are conducting themselves in a manner that is consistent with the peace officer appointment, legislation, policies and guidelines. b) Kneehill County must report to the Director within one month each founded occurrence so identified and the results of any investigation. c) Occurrences that are reviewed and assessed as unfounded do not need to be reported to the Director. d) The complaints investigative procedure in this policy shall be used to ensure investigations are completed in a consistent and responsible manner. 4.7 Involvement of the Director (Section 17): The Director may become directly involved in a public complaint or authorized employer initiated investigation when the Director is of the opinion that the authorized employer: a) Is not investigating a complaint made under section 14 in a manner that is satisfactory to the Director. b) Is not investigating a Section 16 of the Act matter in a manner that is satisfactory to the Director. c) Has failed to investigate a complaint made under section 14. d) Has failed to investigate a Section 16 matter. The Director will interact with Kneehill County to provide guidance and advice on how to properly exercise their responsibilities. The Director may direct the authorized employer to take any action the Director considers appropriate or may investigate and dispose of the complaint or matter. 4.8 Peace Officer Appeal Mechanisms: Any decision made by Kneehill County must be appealed through Kneehill County's Human Resource Policy and procedures. Any change in outcome because of such a process will be recorded by the Peace Officer Program. POLICY section Policy No. Page .Nneehirl Protective Services 8-20 7 of 12 COUNTY Policy Title Date: Resolution No. Public Safety General July 19, 2022 227/22 Where the Director has investigated under any provision of the Act and found fault with the peace officer that has not resulted in the cancellation of the peace officer appointment under Section 8 of the Act, the peace officer is entitled to request the Director review his/her decision and submit new evidence for consideration as per the following process: a) A peace officer may request a review of a decision made by the Director within 30 days, in writing, to the Director, submitting additional evidence for consideration at this time. The Director may conduct a review of the circumstances and after consideration may take any action the Director considers appropriate or confirm, reverse, or vary the initial decision. b) Any investigation required under this provision may follow the investigation process set out in Section 17 of the Peace Officer Manual. 5.0 Discipline Policy Peace Officers will follow the Kneehill County Discipline Procedures, under human resources management. The Peace Officer Act, Manual, and Alberta Transportation systems shall be always followed for complaints process and incident reporting. 6.0 Enforcement Officers Enforcement Officer duties, designations and complaints against enforcement officers are contained within Kneehill County's Enforcement Bylaw. Should the Peace Officer be acting in this capacity, they are always a Community Peace Officer and must within their appointment, the Act, and the Manual. 7.0 Jurisdiction: a) Peace Officers shall enforce only such laws as listed in their Appointments. b) Patrol areas include all areas within Kneehill County, including the village of Acme, Carbon, and Linden and the towns of Three Hills and Trochu, with Shared Services Agreements. c) Patrol areas do not include Highways 9, 21 and 27, except the portion within the hamlet of Torrington, map of area attached in Schedule A of this policy. Appointments to reflect jurisdiction. d) At no time shall a member act in an official capacity outside their appointed jurisdiction except in the following situations: If the member is attending court as a witness or on docket duty. If the member has been requested by the RCMP to assist. If the member encounters a person in need of assistance while the member is on a routine patrol from one assigned area to another. The member may assist until such time that the agency responsible assumes command. e) Any call received from a person outside the Peace Officer's jurisdiction shall be advised that the caller has contacted the wrong agency and, if possible, will be supplied with the contact information of the appropriate agency. f) Peace Officers encountering any Criminal Code violations of an indictable or dual procedure type of offence may exercise only the same authority as a private citizen in accordance with the Criminal Code. The member shall endeavor to contact the appropriate police agency. POLICY .Wneehill COUNTY Section Protective Services Policy Title Public Safety General Policy No. Page 8-20 8 of 12 Date: July 19, 2022 Resolution No. 227/22 g) Should a call be received in relation to a criminal offence, the called shall be directed to the appropriate police agency. In no event is a member to enter or tamper with a possible crime scene, unless to provide emergency assistance to the public or to another agency requesting services. h) Should a Peace Officer be travelling in their patrol vehicle outside of our jurisdiction, the Officer shall not engage in any active traffic enforcement outside their Appointment, unless requested by a Mutual Aid partner under written agreement procedures. 8.0 Assistance to other Agencies: In the interest of public safety and security, members may be required to assist other agencies, such as Law Enforcement Agencies, Fire Departments, or Emergency Management Response. In the circumstances of Law Enforcement Agencies: Members may respond to a RCMP call only at the request of the RCMP. If the situation is a motor vehicle collision and the member finds themselves in the area of the call (particularly on a County road), the member shall advise the Incident Commander that they are in the area and offer assistance. Members are not allowed to self -deploy. Peace officers may participate in check stops with police services provided their participation does not extend beyond providing traffic control on -site. They are not permitted to question drivers or performing the initial screening of drivers for alcohol impairment. In the circumstances of a Fire Department: Members may respond as a resource to fire or rescue calls only at the request of the Fire Department. Members shall limit themselves to duties assigned by the Incident Commander at the scene. Peace Officers shall not engage in any fire suppression, search and rescue or medical first responder activities (First Aid to level trained, if necessary), while on duty as a Peace Officer. Members are not to assume command unless designated to do so by the CAO or their designate. In the circumstances of Emergency Management Response: • Members may respond to an Emergency Management Response call only at the request of the Director of Emergency Management or their designate, or the CAO or their designate. 9.0 Known Risks - People/Properties: A procedure has been created due to the high -risk Community Peace Officers and Enforcement Officers may encounter in their daily tasks. A known risk includes a person that has threatened to use violence, has used violence in an experience with a law enforcement officer, a county employee or another person. A known risk property includes those which have cautionary flags attached to their file. The procedure must include review and evaluation of flagged properties, and the responsibilities of the employer and the officer. gGeekill COUNTY Section Protective Services Policy Title Public Safety General 10.0 Monitoring & Safety Systems: Policy No. 8-20 Date: July 19, 2022 POLICY [Page of12 Resolution No. 227/22 Peace Officers must abide by the Kneehill County Safety Manual and other Kneehill County Policies in the carrying out of duties. Monitoring of patrol units and dispatch check ins/outs will be strictly enforced to ensure safety while on duty. Peace Officers must check in and out at all traffic stops and all bylaw enforcement stops. Additional safety systems may be added if necessary. 11.0 Body Warn Cameras: Peace Officers of Kneehill County will be provided with, and will use, body worn camera (BWC) systems as a means of protection to both the officer and the public which they serve. BWCs will be used in accordance with all governing legislations, bylaws, policies, and procedures of Kneehill County. 11.1 Activation BWCs will be activated with the emergency equipment in the patrol vehicle. Activating a BWC to record can be at the peace officer's discretion however when activation is manually activated by officer the following guidelines should be adhered to: a) Upon activating the recording, providing it is safe to do so and within reasonable discretion, peace officers can verbally state the date, time, location, nature of the incident and those present at the incident are being recorded. b) While the recording is activated, the peace officer should, whenever possible, continue to state for the recording elements of the situation that may not be readily visible (such as activity on the peripheral of the incident, smells such as alcohol or drugs, actions by the peace officer that may not be captured such as returning the driver's license. c) As a general guideline, providing it is safe to do so, peace officers shall activate BWC recording in the following contexts: • When arriving at the scene of a serious or critical incident if the camera is not already activated. • When coming upon an incident, or potential incident, during a proactive and routine patrol. When the decision is made to conduct a traffic stop. ■ Immediately when responding to a call for assistance from another peace officer or member of the RCMP. 4 During an initially non -investigative incident if circumstances suggest that the incident may become investigative or the subject of a complaint and/or • At the time of accepting a call from dispatch if the peace officer believes recording the response to be of potential importance. 11.2 De -Activation BWC's will be de -activated, as a general guideline, when emergency equipment in vehicle is turned off or any of the following circumstances: 0 A specific investigative incident or charge is completed. POLICY 3(neehill COUNTY Section Protective Services Policy Title Public Safety General Policy No. Page 8-20 10 of 12 Date: Resolution No. July 19, 2022 227/22 • A specific call, or any other incident initially thought to be investigative is determined not to be a matter of further record. ■ Continuing to record could endanger the safety of the person. • The subject is taken into the RCMP Detachment (such as the guardroom) which is recorded by Closed Circuit Television (CCTV) systems, and ■ Legal privilege is involved. 12.0 School Resource Officer 1 School Visits Peace Officers must abide by the school division's rules and regulations while within the school facilities, including check ins and check outs, or other measures. 13.0 Peace Officer Notebooks: a) Notebooks will be started at the beginning of each shift by writing the time and date, unit number of the vehicle being used, and start mileage; b) Notebooks shall, as necessary, indicate all times, dates, interactions with the public, observations, and shall be compatible with any reports generated; c) Notebooks shall be included in court briefs as required; d) Notebooks shall be provided with a number, include page numbers and be filed in numerical order by date and month when the notebook is filled. No spaces shall be left at the bottom of any pages which would allow additional information to be added at a later date; e) Notebooks shall not be kept in vehicles, or unprotected and shall be locked up after every shift. f) Notebooks will be retained by Kneehill County. g) Notebooks remain the property of Kneehill County, not the Peace Officer, and will be retained as per the Kneehill County Record Retention Schedule. 14.0 Records Management & FOIP Peace Officers will follow the Kneehill County records management system regarding records retention and privacy. The Peace Officer Act, Manual, and Alberta Transportation systems shall be always followed. 15.0 Exhibit Handling & Disposal of Cannabis: During the course of their duties, Peace Officers may be required to seize cannabis, but should avoid this by using other agencies, if possible. a) Illegal Quantities of Cannabis — If during the course of an investigation the peace officer believes on reasonable and probable grounds that the quantity of Cannabis exceeds the legal 30g allowed in a person(s) possession, the Peace Officer will: • Contact the local RCMP detachment immediately, and • Keep the subject under observation until the RCMP arrive, and • Maintain accurate notes until the RCMP arrive, and ■ All documentation will be provided to the RCMP, if required. ,�neehill COUNTY Section Protective Services Policy Title Public Safety General Policy No. Page 8-20 11 of 12 Date: Resolution No. July 19, 2022 227/22 b) Storage of Exhibits — Exhibits seized for the purposes of Court must be stored in an airtight container, inside a locked safe in the municipalities designated locked area. c) Exhibit Ledger — As with all exhibits, the seized items will be documented into the exhibit ledger, a notation of the exhibit control number shall be made on the file, and a record of when the cannabis is disposed of and by which officer will be kept on file. d) Destruction and Disposal of Cannabis — When the Cannabis is no longer required, an Officer will ensure the Cannabis is disposed of and rendered unusable by destroying the Cannabis as per the Alberta Environment and Parks Guidelines, which are: • The Officer will ensure the Cannabis is ground up into small amounts, and • The Officer will mix the ground Cannabis into an air tight container with at least an equal amount of cat litter, and o The Officer will then pour water into the mixture, and ■ The Officer will then transport the mixture for final disposal to the local Class II Landfill. 16.0 CPIC Access: The Canadian Police Information Centre (CPIC) is a computerized system that provides tactical information about crimes and criminals. CPIC is responsible for the storage, retrieval, and communication of shared operational policy information to all accredited criminal justice and other agencies involved with the detection, investigation, and prevention of crime. Access to CPIC must first be authorized by Kneehill County's CAO or designate. Access to CPIC information by authorized Kneehill County Peace Officers shall comply with the Alberta Justice and Solicitor General's regulations and policies. 3.7.0 Supervisory Review of Files The Act stipulates that the employer is liable for the actions and omissions of a peace officer while the peace officer is acting within the scope of their authority, responsibilities, and duties. Employers must exercise adequate oversight of its peace officers. Employers must follow the inspections schedule defined in the Manual. - �)14614_ Jerry Wittstock Reeve Approved: Approved: Approved: Review: April 11, 2017 179/17 April 11, 2020 July 19, 2022 227/22 July 19, 2026 b�L Mike Haugen CAO COUNTY Section Protective Services Policy Title Public Safety General Attachment: Schedule A, Jurisdiction Map* F POLICY Policy No. Page 8-20 1 12 of 12 Date: July 19, 2022 Resolution No. 227/22 * The jurisdiction map only applies upon approval from AB Solicitor General, through Officer Appointments.