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R-90-1407 - 1/25/1990WHEREAS, the City Council has previously adopted a Police Policy and Procedure Manual, and WHEREAS, an addition is necessary to establish policy and procedures for the use of stun guns by police personnel, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS That the Police Policy and Procedure Manual is hereby amended to add language related to policy and procedure for the use of stun guns, a copy of which addition is attached hereto and incorporated herein. RESOLVED this 25th day of January, 1990. ATTEST: E LAND, ity Secretary , C53- RS01250G RESOLUTION NO. I/O 7 4 MIKE ROBINSON, Mayor `'4 Patrol personnel ensure that all needed equipment is in their vehicle. This includes but is not limited to: flashlights, flares, fire extinguisher, and shotgun. When any unreported damage or operational problem is discovered, the person performing the inspection notifies a supervisor. If unnecessary articles such as paper or bottles are found in the vehicle, the officer removes them from the vehicle and informs a supervisor of their presence. 5.02.003 SECURING VEHICLE Personnel operating Police Department vehicles exercise care. when leaving the vehicle unattended. Windows are closed and doors locked to prevent weather damage to the vehicle interior and to discourage theft of the vehicle or its contents. 5.02.004 VOLUNTEER RIDERS Citizens desiring to ride with an on duty officer may be allowed to do so if operational conditions permit as determined by the Chief of Police or his designee. Such riders are at least eighteen (18) years of age and are groomed and dressed in. manner not detrimental to the Department's image. All riders (whether commissioned or non - commissioned) sign a waiver of liability each time they ride and each waiver is also signed by the shift supervisor. Riders are advised that everything they see and hear while riding with a Round Rock Police Officer is to be considered confidential in nature and failure to maintain that confidence can result in their being barred from riding again with this Department. Non- commissioned riders are prohibited from carrying any type of firearm, prohibited weapon, or unlawful weapon. No rider shall become involved in any activity being conducted by an officer unless specifically directed to do so by the officer. Ridership is cancelled at any time by the officer the rider is assigned to ride with or by his /her supervisor. Non - commissioned personnel employed by the Round Rock Police Department are permitted to ride when approved by the shift supervisor. The shift supervisor assigns the employee to . ride with an officer for the duration of the assigned ride. Changing to ride with another officer is done only with the specific approval of the shift supervisor once a rider has been assigned to ride with an officer. Certified police officers and certified reserve officers employed by other Police agencies are permitted to ride with the approval of the shift supervisor. Spouses, girlfriends, and boyfriends do not ride together at any time unless such riding together is necessitated by an emergency situation. At the termination of that emergency, the spouses, girlfriends, and boyfriends are again seperated for the remainder of the approved ride -along period. 5.02.005 TRANSPORTING PERSONS (OTHER THAN PRISONERS OR VOLUNTEER RIDERS) Occasionally personnel may wish, or be asked, to transport persons (other than prisoners or volunteer riders) not employed by the Department. As a public service, such transportation may be conducted if approved by a supervisor. Examples of such transportation include, but are not limited to the following: - stranded motorists - accident victims - emergency transportation - lost children - disabled persons In cases of injured persons, ambulances with medically trained attendants are the preferred means of transportation in that the movement of an injured person can sometimes worsen the injury. t Personnel considering transportation of non — employees (other than prisoners or volunteer riders) carefully weigh the advantages and disadvantages associated with providing the service consistent with the purposes expressed in policy 5.02. If uncertainity exists, the advise of the Division Head is sought if he /she is reasonably available. When such transportation involves juveniles, a male employee and a female passenger, or a female employee and a male passenger, the time, vehicle milage, and locations of travel initiation and termination are reported by the employee and recorded by the dispatcher. ' 5.02.006 EXCEPTION FOR OTHER PEACE OFFICERS Peace officers from other law enforcement agencies are authorized to fide without special approval whenever they are working with Round Rock Police Officers on any type of investigation. 5.02.007 FLEET COLLISIONS When fleet collisions occur, the driver's immediate supervisor, the employee's Division Head, the Patrol Division Head, and the Assistant Chief Police are notified. The law enforcement agency having jurisdiction is notified and makes the collision report. If the collision occurs within the Round Rock City limits, either the Patrol Division Head or a Texas Department of Public Safety Trooper makes the collision report. The Department employee involved in the collision makes reports as instructed by his /her supervisor. officers do not have to conceal their off duty handgun while they are in the Police Department building or they are on the property around the Police Department Building. 7.01.004 WEAPON QUALIFICATION AND PROFICIENCY Personnel authorized by the Department to carry handguns qualify with all handguns they carry (both on and off duty) at least once annually. More frequent qualification is required as personnel are notified by the Round Rock Police Department Firearms Training Officer, who is designated by the Chief of Police. Personnel who carry other authorized weapons on or off duty demonstrate proficiency with those weapons at least once annually under conditions set forth by the Round Rock Police Department Firearms Training Officer or his designee. The Round Rock Police Department Firearms Training Officer or his designee inspects all weapons used by Department personnel when they qualify or demonstrate proficiency. Restrictions are placed on the future use of any handgun or other weapon which for any reason is deemed to be unsafe or ineffective. Whenever an employee's handgun or other weapon is found to be unsafe or ineffective, or the employee has otherwise failed to qualify or demonstrate proficiency, the employee's Division Head is notified by the Round Rock Police Department Firearms Training Officer. The Division Head arranges for duty not requiring the use of the handgun or other weapon and takes other action as appropriate in accordance with law, regulation, or policy and procedure. In cases of handgun /weapon malfunction or need for repair, the Division Head and the Firearms Training Officer give written authority for the officer to carry another handgun or weapon while the approved handgun /weapon is being repaired. Personnel authorized to carry the Nova Spirit "Police Special" Stun Gun successfully complete a Department approved training program for use of the Stun Gun prior to carrying the Stun Gun. Personnel carry other authorized weapons on duty at times and in the manner specified by their Division Head. Authorized personnel carry the Nova Spirit "Police Special" Stun Gun with the written approval of their Division Head and the Assistant Chief of Police. Personnel comply with section 7.01.004 of the policy and proceedure manual before seeking authorization to carry the Stun Gun. 7.01.003 OFF DUTY WEAPONS The carrying of handguns is regulated by law and all personnel comply with applicable laws. The official off duty handgun is one which is carried by specific personnel as an aid in taking enforcement action while off duty in certain emergency situations. (See policy and procedure on OFF DUTY ENFORCEMENT for additional information.) Licensed peace officers, except as otherwise directed, carry a handgun while off duty. (See policy and procedure on OFF DUTY ENFORCEMENT for additional information.) Officers receive the written approval of their Division Head and the Assistant Chief of Police prior to carrying any off duty handgun. Requests specify the make, model, and caliber of the handgun. Personnel carry other weapons in addition to or in lieu of their off duty handgun if the weapon can be legally carried and the employee requests and receives written permission from their Division Head and the Assistant Chief of Police. Officers may choose to not carry an off duty handgun, but should still have a handgun reasonably available in case of an emergency situation requiring a police response. Off duty officers carry their approved off duty handgun concealed unless they are carrying their off duty handgun on a gun belt approved by their Division Head and the Assistant Chief of Police and their Department badge is clearly displayed. Off duty 7.01.005 AMMUNITION The Department furnishes the qualification ammunition for all officially approved duty handguns /weapons. Ammunition for qualification with off duty handguns /weapons (as defined in 7.01.003) and other weapons (as defined in 7.01.002) is provided by the officer qualifying with that handgun /weapon. 7.01.006 MODIFICATIONS AND REPAIR Handguns, weapons, and ammunition approved for use by an officer of this Department are modified or repaired only as approved in writing by the officer's Division Head, the Department Firearms Training Officer, and the Assistant Chief of Police. Trigger shoes are not approved for use on any handgun or other weapon carried or used by any officer in this Department. 7.01.007 DISCHARGE OF FIREARMS Any discharge of a firearm by an employee, except in legal and ordinary circumstances such as hunting or weapons qualification, is immediately reported to the appropriate shift supervisor on duty, the employee's Division Head, the Assistant Chief of Police, and the Chief bf Police. A written report is made by the person discharging the firearm and that report is immediately forwarded to the employee's Division Head. See policy and procedure on FORCE AND DEADLY FORCE for additional information. 7.01.008 MAINTENANCE AND SAFETY All firearms and other weapons carried or used by personnel (on or off duty) are maintained in good working order and are used only when completely assembled and clean. Ammunition carried for use is of recent manufacture. Common sense safety precautions are followed and all firing regulations are carefully adhered to as applicable. 7.02.005 OTHER USE OF FORCE AND DEADLY FORCE (ANIMALS) Force or deadly force is sometimes required against animals and is used for defense when the officer believes that other ' reasonable alternatives will not suffice. Deadly force may be used, upon approval of a supervisor, to take an injured animal's life when no reasonable alternative exists. 7.02.006 OTHER USE OF FORCE AND DEADLY FORCE (STUN GUN) The Department recognizes the effectiveness of certain non - lethal weapons and authorizes personnel to carry and use those weapons after proficiency is demonstrated and authorization granted (See policy and procedures 7.01.003 and 7.01.004 for additional information). The Department recognizes the effectiveness of the Nova Spirit "Police Special" Stun Gun as manufactured by Nova Technologies and authorizes personnel to carry that weapon upon conforming with policy and procedures relating to the Stun Gun found in Chapter Seven of the Policy and Procedure Manual. Personnel understand that use of the Stun Gun is considered to be "use of force" and all policy and procedure regarding the use of force and deadly force apply to the use of the Stun Gun. The Stun Gun ire less- than - lethal electronic shocking device that is not likely to cause injury when used as a self- defense or restraint tool. The use of the Stun Gun does constitute use of force and use of the Stun Gun is limited to those situations where use of force is justified and reasonable. The use of the Stun Gun to subdue a suspect who is resisting is approved for, but not limited to, the following situations: - self- defense of the officer - defense of a third party - when lesser methods of control have failed - when circumstances warrant immediate use. 7.02.006 (continued) The Stun Gun is not approved for use in the following situations: — for horseplay or practical jokes — for demonstrations without the prior approval of a supervisor — to harass, annoy, or unduly influence a suspect or prisoner regardless of the circumstances. Use of the Stun Gun in the following areas is limited to life or death emergencies: — the head, neck, or face of a suspect — the groin — the breasts of a female — any area of the body on a known pregnant female. Personnel using the Stun Gun write a detailed report outlining the circumstances that led to the use of the Stun Gun and the effect of the use of the Stun Gun. The report is forwarded to the employee's Division Head within twenty —four (24) hours of the use of the Stun Gun. CITY OF ROUND ROCK POLICE DEPARTMENT 2008 ENTERPRISE - ROUND ROCK, TEXAS 78664 AREA CODE 512-244-1n1 "TO PROTECT and SERVE" All personnel who wish to carry the Nova stun gun are required to first complete an 8 hour training course. This course must be given by a certified Nova stun gun instructor. The course will, at a minimum, cover the following: 1. Care and Maintenance 2. Proper operation 3. Practical and safe applications MINIMUM TRAINING STANDARD ( STUN GUN ) ref:7.01.004 Upon completion of this course the student must submit the original certificate of satisfactory training,signed by the course instructor, along with an "OTHER WEAPON " usage request form to their division head for consideration. (rev -1/90) REQUEST FOR APPROVAL TO RIDE WITH ROUND ROCK POLICE UNIT INCLUDING LIABILITY RELEASE BY RIDER LAST NAME FIRST NAME MIDDLE NAME D.O.B.___ RACE___ SEX____ D/L # STATE (warrant check wand involvement info)Performed by: Results of warrant check: PHONE # OCCUPATION in case of emerg call PHONE # ASSIGNED WITH: (1) I understand and agree that while accompanying any Police Officer during his law enforcement rounds, I am to be only an UNARMED, lay observer and bystander with no active role whatever and that I will have and am given no duties, rights, powers or authority whatever other than those conferred 'by law upon any other person in like or similar circumstances as may arise from time to time;(EXCEPTION FROM THIS SECTION IS GIVEN TO COMMISSIONED TEXAS POLICE OFFICERS) (2) I realize and agree that while participating in the rider program, I will not be an agent, servant or employee of the city of Round Rock and therefore will not be covered by the city of Round Rock for any workers compensation, death or disability benefits; (3) I realize that as an inherent of this program, I will at unpredictable times be placed in both foreseeable and unforeseeable positions of considerable danger and agree that neither the city nor any of its officers or employees shall be obligated to take any steps or action to protect my person or provide a means of withdrawal or retreat for me, and release them of any duty to do so; (4) I agree that any information that I may gain, through participation in the program will be used by me only for my personal education purposes except where I am summoned as a witness in any administrative or court proceeding; (5) I understand that my participation in the above named program is a privilege subject to revocation at any time by the Round Rock Police Department. Officer Signature of Supervisor approving request Date and time * * * *XW * *****)K: %i ***** *** * * * ** :W.W * * ** * *** * **** ;W :'X.:K:t:•k%k ;*'X.'X•W *W****'k** *W ** In consideration of being allowed to accompany Round Rock Police Officers on official patrol and otherwise participate in the civilian rider program: I, the undersigned, binding my heirs, executors, administrators and assigns do hereby release,and agree not to hold liable, the city of Round Rock, its officers, agents, and employees and especially Police Officer from any and all actions, causes of action, claims, demands, costs or damages arising from or resulting from property damage, personal injuries or death sustained by me or my property while participating in the rider program. I further agree, binding my heirs, excutors, administrators and assigns, to indemnify, hold and save harmless the city of Round Rock, its agents, officers, and employees, and especially the above named Police Officer, from any liability, action, claim, damage, award or judgement incurred or suffered by the above city or individuals as a result of any act or ommission by me or caused in whole or in part by me while participating in the rider program whether or not also caused in part by a person indemnified hereunder. In addition, I make the following representations and acknowledgements upon which I intend the city to rely: Witness (rev 1/90) Emp # Start time End time Date Signature of person requesting to ride (re:5.02.004) r Li The new NOVA SPIRIT is based on the same electronic pulse technology as the NOVA XR -5000 nonlethal device. After several years of research and development the XR -5000 was introduced in 1982. The XR -5000 and the NOVA SPIRIT "POLICE SPECIAL" are currently in use by over 400 progressive local, state and federal law enforcement agencies and correctional facilities worldwide. Benefits of the "NOVA SPIRIT" include. * Nonlethal technology * Failsafe mechanisms insure nonlethal per- formance levels * Reduced liability risks * Incapacitates violent individuals in seconds * New long life non - rechargeable lithium battery * Sufficient power for over 200 takedowns prior to battery replacement * Reduced injuries to officer, assailant or .- adversary * Ergonomically designed shape * Low profile * Proven medically safe * Proven effective * Two year warranty' * Training available * NOVA "POLICE SPECIAL" features include: — Serialized —Black color exclusive — Slip resistant grip — Filled case to provide additional insulation and structural strength for heavy duty use — Higher performance specifications Use of the consumer unit for law enforcement invali- dates the warranty Covered under United States Patent No. 4,162,515 XR -5000 is a registered trademark of Nova Tech- nologies, Inc. NOVA is a registered trademark of Nova Technologies, Inc. Nova Technologies, Inc., the developer and manufacturer of the NOVA XR- 5000-' Nonlethal Electronic Defense Device, known internationally as the "Stun Gun," is pleased to introduce the new NOVA SPIRIT. The NOVA SPIRIT is available in two models, the consumer unit and the "POLICE SPECIAL." NOVA SPIRIT CONSUMER UNIT NOVA SPIRIT "POLICE SPECIAL" (ONLY AVAILABLE IN BLACK) For further information and the name of the distributor in your area, contact' NOVA TECHNOLOGIES, INC. PHONE' 512 2207 BRAKER LANE 800 - 777 -STUN AUSTIN, TEXAS 78758 TELEX: 215811 NOVA FAX. 512-832-0707 NOVA TECHNOLOGIES. INC 2207 BRAKER LANE AUSTIN. TEXAS 78758 Texas NOVA • ELECTRONIC PULSE TECHNOLOGY PRODUCTS • °Texts 1Kestl sw EnTOreenieneltrid Cilminal ;�iistice Monthly Newspepen Law Enforcement Monthly Vol 1, No - Prnq no nw.m.,.ou P„uen -oco 1 October, 1989 i 8161 -NONE 511-844 -11) 800- 777 -STUN TELEX 215811 NOVA FAX 512- 832 -0707 Austin Police Officers to carry stun guns again Device to be tested in police practice Associated Press Austin - Austin police will likely become the first in Texas to again carry stun guns and officers plan to practice using the resuamt devices on each other. "T hcv'rc unix:I levablc - l can't say enough good about them;' said Ol fn. cr Gene Parker, who tested a new version of the dcvicc, which is made by an Austin firin. on his beat this spring. Pollee Chief Jim Everett says he plans to approve the use 01 an updated stun gun. The depart- ment three years ago found an earlier stun gun unreliable Officers will have to buy their own S 150 stun gun, since the equipment is optional. Those who do will enlist in a l0 -hour training program next week, which will include officers using stun guns on each other Officers who base been on the receiving end of stun guns Nova Spirit "Police Special" during training session describe the pain as intense but short - lived. "1t hurt when n was ap- plied to my skin, but it quit hurting when a was taken away.' said Scn- for Sgt Robert Pulliam, who added that the shock on his leg brought him to his knees Complaints about earlier stun guns used in thc early to mid - 1980's ranged from inadequate battery power to jolts that were either too weak or too strong Everett said he is not aware of any other Texas cities that have renewed the use 01 stun guns. Travis County sherd l\ deputies used similar dcviccs in thc past but have given them up. Richard Abena, execu- tive director of the Texas Civil Liberties Union, said he would withhold his judgement until he learns more about thc new low• amperage dcvicc, which is about 6 inches long with a lithium batter) at one end and two electrodes on the other. Everest's approval of the Nova Spirit Police Special - manu- factured in Austin by Nova Tech- nologies - followed what he called the "very positive" test program in which officers used the dcvicc 37 times. DATE: January 23, 1990 SUBJECT: City Council Meeting, January 25, 1990 ITEM: 12G. Consider a resolution amending the Police policy and procedure manual. STAFF RESOURCE PERSON: Wes Wolff STAFF RECOMMENDATION: REF: PROPOSED CHANGES IN THE ROUND ROCK POLICE DEPT., POLICY AND'PROCEDURE MANUAL" (1) Chapter 7 - Use of Force - Authorizes personnel to carry the Nova Spirit "Police Special" Sun Gun. Statistics conclusively show the Stun Device has been successful in controlling violent, combative and resistive behavior without injury of the police officer or the offending subject. (2) Proposed changes in Chapter 5, Sec. 5.02.004 VOLUNTEER RIDERS. You will find attached proposed changes in the Department's Police and Procedure Manual. All changes and additions were presented to the City Attorney's Office and were approved.