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CHARLOTTESVILLE POLICE DEPARTMENT

Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 14-04


City of Charlottesville Police Department
Date: July 17, 2019
Statement of Commitment
VLEPSC Number: Manual Number: 100.00
Effective Date: July 17, 2019
Authorization: Chief R.M. Brackney Follow-up: Annually

I. Our Statement of Commitment

The role of a police officer is critical in protecting the constitutional rights of all citizens,
ensuring the safety and well-being of the community, preserving peace, and exemplifying
civic leadership. In order to accomplish such an important responsibility police officers
must be carefully selected, well trained, well equipped, carefully supervised, supported
by the community they serve, and held accountable for the critical tasks that they are
entrusted to perform.

The Charlottesville Police Department is honored to accept the responsibility of serving


and safeguarding those who live, work, and visit our community. Understanding the
importance of our role as civic leader, peacekeeper, and guardian of the Constitution of
the United States of America each of us commit to the following guiding principles.

• We commit to the preservation of the rule of law.


• We commit to respect the Constitutional rights and civil liberties of all those who
live, work, and visit our city.
• We commit to professional, ethical, respectful, and Constitutional policing
practices.
• We commit to honoring and supporting those officers who uphold the standards
of professionalism and adhere to their oath of office.
• We commit to open, frequent, candid, and relevant communication and dialogue
with our employees and the citizens we serve.
• We commit to collaborating with the United States Department of Justice,
Community Relations Section, and other such agencies to bring relevant training
and information regarding police and community relations to members of our
community.

GO 100.00 – Preamble 1
Rev: 06/20/2019
• We commit to transparency in our citizen complaint process, our detention
reporting practices, our response to resistance, vehicle pursuit incidents, and the
policies and procedures that guide the tasks that we perform.
• We commit to a strategic effort to increase minority representation within the
police department’s ranks, and partnering with the community and its many
resources to accomplish this task.
• We commit to ensuring that our officers receive the finest available training with
regard to best practices in policing, to include training in Cultural Awareness,
Strategies for dealing with youth, Crisis Intervention, Constitutional Law, Citizen
Engagement, Community Policing, officer and citizen safety, and other topics that
from time to time arise and will bring value to both our department and our
community.
• We commit to the balanced, thoughtful acquisition and constitutionally based use
of any and all tactical equipment that is in the possession of the Charlottesville
Police Department, and further commit to the implementation of and adherence to
strict policies and procedures that govern such use.
• We commit to “Service Beyond the Call.”

GO 100.00 – Preamble 2
Rev: 06/20/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 31-99


ORGANIZATION OF DEPARTMENT
Date: November 14, 2019
DIRECTIVES – General
VLEPSC Number: ADM.09.01 and ADM.09.02 Manual Number: 180.10
Effective Date: 11/14/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

Professional law enforcement administration and the management of liability exposure


require a Manual, which governs the activities of a police department. A Manual of
policies, rules, regulations and procedures guides the day-to-day legal and ethical
functioning of a police department. To that end, the Charlottesville Police Department’s
activities will be reflected in this Manual.

II. PURPOSE
This directive establishes the Manual of the Charlottesville Police Department, states its
authority, and standardizes terms used therein.

III. DEFINITIONS
A. Gender – the word “he” or any other word importing the masculine gender shall
extend and be applied to females as well as males.
B. Policy - A policy is a statement of the Department’s philosophy on a given issue.
A policy consists of principles, values, rules and regulations that guide the
performance of Department employees. Only the Chief of police determines
Department policy.
C. Procedures - A procedure defines a method of performing an operation or the
manner of proceeding on a course of action. It differs from policy in that it directs
action in a particular situation to perform a specific task within the guidelines of
policy. Procedure is synonymous with Standard Operating Procedure and may be
abbreviated by the use of the acronym SOP. It is the responsibility of Department
supervisors and superior officers to maintain the Department’s standard operating
procedure. A collection of Department standard operating procedures are embodied
in this Manual.
D. General Orders - General Orders contain the policies, procedures, rules/regulations
and guidelines of the Department. General Order Numbers originate from, and are
GO 180.10 – Organization of Department Directives 1
Revised: 11/14/2019
recorded by the Accreditation Manager. General Orders will only be issued by the
Chief of Police.
E. Memoranda - Memoranda are not part of this Manual. There are two types of
memoranda:
1. General Memoranda - provides useful, specific information to officers not
amounting to a formal order. Department members, commanders and City
departments may issue this type of memorandum.
2. Instructive Memoranda - when issued to all personnel constitutes directives
that affect specific behavior for a specific event or period of time, and are usually
self-canceling. The Chief of Police, Division Captains and Commanding Officers
may only issue this type of memoranda.
F. Terminology - within the context of any directive the use of the word:
1. “shall” or “will” requires an action that is mandatory and unequivocal
2. “should” expresses an obligation or necessity
3. “may” or “can” indicates an action or behavior that is optional

IV. PROCEDURE
A. Distribution of the Manual
1. The Accreditation and Compliance Officer will publish the Department
Manual on the City of Charlottesville Sharepoint site. All members of the
police department will have access to the on-line Department Manual and are
encouraged to print hard copies of General Orders for their convenience. The
Accreditation and Compliance Officer shall maintain the master
manual in the Accreditation Office.

B. Newly hired sworn officers of the Department shall be provided a CD-ROM


containing the current version of the Department Manual of Policy and Procedure
and shall sign a receipt for their copy upon issuance.
C. It is the responsibility of every member of the police department to read and
regularly review the Manual of Policies and Procedures.
D. Amendments/Changes to the Manual
1. The Chief of Police or their appointed designee will approve any and all
changes to the Department manual.

E. Amendment Procedure
1. All amendments shall be submitted in writing with justification to the Chief of
Police or their appointed designee through official channels. Supervisors and
superior officers may review the recommendation and comment appropriately.
2. If the amendment receives preliminary approval by the Chief of Police or their
appointed designee it will be forwarded to the Accreditation and Compliance
Officer for any research needed and drafted into the proper format. The draft
GO 180.10 – Organization of Department Directives 2
Revised: 11/14/2019
amendment shall then be sent to the Chief of Police or their appointed designee
for review and recommendation and returned to the Accreditation and
Compliance Officer with the recommendations appropriately recorded. In some
cases the Chief of Police may direct the Accreditation and Compliance Officer to
consult with the City Attorney’s office before publishing changes to an existing
policy or approval of a new policy. This is done to ensure the Charlottesville
Police Departments policies and procedures are within full compliance of Federal,
State, and local laws and ordinances.
3. The Accreditation and Compliance Officer shall be responsible for the final
preparation and distribution of all approved General Orders.
4. The Chief of Police or their appointed designee through channels, will notify a
member if their proposed amendment is not approved.
F. Revisions and directives shall be disseminated as follows:
1. Copies of new or revised directives will be posted to the department’s
Sharepoint site and distributed via email notification.
2. Members shall read the new or revised order and are encouraged to print out a
hard copy to their local printer for their convenience.
3. The Accreditation and Compliance Officer shall provide copies of the new or
revised orders to each employee via email distribution and by adding them to the
Departments Sharepoint site. Division Commanders shall ensure that those under
their command are briefed on the contents of the order.
G. Review of General Orders
1. The Accreditation and Compliance Officer should review, maintain and revise
the agencies directives as needed. The purpose of the review is to determine if the
directives should be canceled, revised or continued in their present form. Those
directives that have been reviewed, but not changed, should have a date of review
noted in the master copy of the Manual. A hard copy of the original policies and
procedures will be maintained in the office of the Accreditation and Compliance
Officer.

GO 180.10 – Organization of Department Directives 3


Revised: 11/14/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 32-99


COMMAND DIRECTIVES
Date: July 19, 2019
Standard Operating Procedures
VLEPSC Number: ADM.09.01 Manual Number: 180.15
Replaces: Effective Date: July 19, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
The development and implementation of Command Standard Operating Procedure,
henceforth referred to as SOP, by various functioning component parts of the Department
is authorized with the understanding that such SOP shall always be subordinate to the
Department Manual. Command Standard Operating Procedure will be considered as
instruction for specific command task performance and will not be supplemental to the
Department Manual.

II. PURPOSE
The purpose of this directive is to allow the various functioning component commands of
the Department to establish Command Standard Operating Procedures that are specific to
their particular Command activity, function or mission.

III. DEFINITIONS
A. Standard Operating Procedure (SOP) - established or prescribed methods to be
routinely followed by Command personnel for the performance of designated
operations or in designated situations within their specific command.
B. Command Standard Operating Procedure Manual - contains Command directives that
establish and/or prescribe instructions to be routinely followed by individuals who are
specifically responsible for the performance of designated Command tasks.

IV. PROCEDURE

Component Commanders will initiate appropriate SOP for their Command and maintain
a Command SOP Manual.
A. The Command SOP Manual shall be written in accordance with the Standard
Operation Procedures Format directive in the Department Manual (Section 180.20.)

GO 180.15 – Command Directives – Standard Operating Procedures 1


Rev: 06/20/2019
B. Working Draft proposals – review and comment

1. The Component Commander may designate staff accountability to identify


command operations or situations that would benefit by having established or
prescribed methods to be routinely followed.
2. A working draft of each proposal should be made available to the supervisors
and officers within the Command for their review and comment.
3. The working draft should also be made available for review and comment to
other persons in the Department who may be indirectly affected by the proposed
Command SOP.
4. All persons who receive the working draft of a proposed Command directive
should be given a due date for providing constructive written comments,
suggestions or concerns to the proposal.
C. The completed draft should be submitted to the Accreditation Manager for review and
comment on possible VLEPSC compliance concerns
D. The draft proposal shall be written in accordance with Command Standard
Operational Procedure format and presented to the appropriate Division Commander
for his/her review, comment and approval.
E. Upon the approval of a Command directive, the component Commander will:
1. Place a copy of the approved directive into the Command SOP Manual.
a. Command directives shall be chronologically numbered by year;
b. if amended, the date shall be entered into the heading area of the
form;
c. if applicable, the VLEPSC number shall be entered into the
appropriate form heading area; and
d. the directive shall be forwarded to the Accreditation Manager for
placement placed onto the SharePoint website with the
Department’s Policies and Procedures Manual to ensure that all
members of the police department have immediate access.
2. Ensure that appropriate members of his or her command have access to the
approved SOP, and ensure they have read and are aware of the contents thereof.
F. Component Commanders shall ensure an annual review of their Command directives.
When necessary the directives will be amended, revised or deleted.
G. The Accreditation Manager shall be provided with up-to-date copies of effective
component directives and place them onto SharePoint to maintain a master
Department Command SOP file.
H. Component Commanders may assign the accountability of command directive
preparation to an appropriate member of the Command; however, the Component
Commander shall maintain the responsibility for the contents of the directive.

GO 180.15 – Command Directives – Standard Operating Procedures 2


Rev: 06/20/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 33-99


COMMAND DIRECTIVES
Date: November 5, 2019
Format and Placement
VLEPSC Number: ADM .09.01, ADM.09.02 Manual Number: 180.20
Effective Date: 11/05/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
All Command Standard Operating Procedure directives developed and implemented in
the Department shall be published in accordance with policy and written in the standard
prescribed format.

II. PURPOSE
The purpose of this directive is to standardize the format and placement in which drafted,
published and located with all Department Commands. The Department wide
standardization is necessary to ensure that all directives provide clear, concise procedural
instructions and that they can be easily identified and found within Department
Commands.

III. PROCEDURE
A. All SOP will be published on standard 8 1/2 X 11 inch white bond paper. The first
page or cover sheet shall be on the Department Command Directive form. The
preparation of the directive shall be as follows:
1. A size 12 pica, Times New Roman font style will be used to prepare the
document;
2. the required information shall be entered on the form “drop screen” that is
initially present when accessing the Command Directive form on Microsoft
Word File;
3. the Command shall be entered in capitals onto the form drop screen;
4. the subject of the directive shall be entered in capital letters and will contain
the topic that the directive is written on;
5. the effective date is the date the directive is approved. All dates shall be
entered month, day, year, e.g., 1/20/99, January 20, 1999; and
6. the Command Memorandum or Order Numbers shall be recorded
chronologically with the year of issuance added, e.g. (1-99, 2-99, etc.). If

GO 180.20 – Command Directives – Format and Placement 1


REV: 11/05/2019
applicable, the VLEPSC designated number shall be entered accordingly.
Contact the Accreditation Office to determine if VLEPSC standards apply.
7. The Establishing Supervisor and Approving Division Commander shall place
their signature in the appropriate area of a master form which, shall be placed
into the Command Directive Manual. The Establishing supervisor is always
identified as the Department component commander who is responsible for
submitting or revising the command directive.

B. The purpose of a Command Directive


1. A standard operating procedure is a simply written guideline on how to
perform a task or series of tasks. There are many ways to write a SOP. When
written in an outline form, the SOP can provide a simple, effective reference
guide for members of a command to perform designated tasks properly. In
addition, well written easily understood SOP provides instruction to members
on the job and provides supervisors with a means of ensuring that similar tasks
are being performed in a similar manner by all employees, thus setting a
uniform standard within the command.

C. Outline Form
1. The initial form drop screen will ask if a policy topic or definition topic is
requested. Although, a definition area may sometimes be needed on
command directives, a policy area should not be used.
2. The “purpose” of the directive should be written as the clear intent of the
command directive.
3. The “procedure” sections of the directive lists the tasks to be performed and
breaks that task into easily understood components.
4. An outline format, similar to that found on Department General Orders, shall
be used when writing the narrative section of the directive.

D. Location of Command Directives


1. Command directives shall be placed onto the departments Sharepoint site so it
is accessible to all personnel at all times. An email notification shall be sent
out to all personnel notifying them of the existence of any new Command
Directive or changes in any existing Command Directive.

2. Members of the Department should frequently check Sharepoint for new


Command Directives. A hard copy of an approved Command Directive with
the approving Commanders initials on the Directive shall be given to the
Accreditation Manager for permanent filing.

GO 180.20 – Command Directives – Format and Placement 2


REV: 11/05/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 001-11


Subject: Forms Management Program Date: July 19, 2019
VLEPSC Number: NA Manual Number: 190.00
Amends: Effective Date: July 19, 2019
Authorization: Chief R.M Brackney Follow-up Date: Annually

I. POLICY
It shall be the policy of the Charlottesville Police Department to have formal procedures
for the development, revision, use, and maintenance of official police department forms.

II. PURPOSE
To establish the policies and procedures for revising current report forms, developing
new report forms, and controlling the use of report forms.

III. PROCEDURES

A. REPORT FORM DEVELOPMENT AND REVISION


1. Guiding Principles
a. The basis for developing new forms/revising existing forms shall be:
i. Purpose and use of form based upon justifiable need;
ii. eliminate duplication and redundancy;
iii. eliminate or update unnecessary, outdated or obsolete forms;
iv. improve the appearance and functional efficiency of forms;
v. coordinate with information processing procedures; and
vi. mandated information reporting change.

2. Responsibility for Form Development and Revision


a. The Accreditation Manager or designee shall be responsible for
coordinating the process of developing or revising all report forms.

General Order 190.00 1


Rev: 07/19/2019
b. The following personnel shall be involved in the development and/or
review of new or modified forms:
i. Personnel most likely to use the forms;
ii. Supervisory officers; and
iii. Command Staff.

3. Approval for New and Revised Forms

a. All new and/or revised report forms must be reviewed and approved
by the Chief of Police or their designee.

B. FORMS MANAGEMENT

1. Responsibility

a. The Accreditation Manager or designee shall be responsible for


maintaining on-line copies of department forms.

b. The Accreditation Manager or designee shall be responsible for


maintaining electronic file design for all other forms to include
professionally designed and produced via a copy or printer shop.

c. The Information Management Services Supervisor or designee shall be


responsible for maintaining an appropriate supply of applicable hard
copy forms.

2. Forms Control Number System

a. All forms generated by the police department shall contain an assigned


forms control number (FCN).

i. All FCN’s will begin with CPD and be followed by the


assigned number (e.g., CPD-12).

ii. The FCN and revision date will be placed in footer in the
bottom center of each page.

b. Replenishment of forms supplies for general distribution and inventory


shall be the responsibility of the Administration Quartermaster or their
designee.

c. Forms that are created and ordered from printing companies will be
ordered, stored, and distributed by the Administration Quartermaster
or their designee.

General Order 190.00 2


Rev: 07/19/2019
d. In addition to hard copy forms, commonly used forms shall be housed
electronically and made accessible by the Accreditation Manager on
the City’s computer network. Such electronic forms shall be amended
in conjunction with their hard copy version.

3. Review of Department Forms

a. Supervisory Officers and Command Staff will conduct periodic


reviews of department report forms for the purpose of recommending
revisions, eliminations, or creation of report forms.

b. Recommendations from form users should be routed through the chain


of command to the Accreditation Manager.

c. The Accreditation Manager or their designee will redesign forms with


input from end users and Supervisors and staff through Command
Staff before submitting to the Chief of Police or his designee for
authorization.

General Order 190.00 3


Rev: 07/19/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 61-99


DEPARTMENT GOALS AND OBJECTIVES Date: November 21, 2019
VLEPSC Number: ADM.03.01, ADM.04.01 Manual Number: 200.00
Effective Date: 11/21/2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

The scope of the police function is defined by its goals. As a result, the police function
must be broadly interpreted to include many tasks other than the enforcement of laws.
The goals of the Charlottesville Police Department and each employee thereof includes
the protection of life, individual liberties and personal property; the preservation of
peace; the prevention of crime and disorder; the detection and arrest of violators of the
law; and the enforcement of federal and state laws and city ordinances within
Departmental jurisdiction.

Department goals and objectives shall be reviewed on an annual basis and, if updated,
will be made available to all agency personnel.

By establishing what we commit to do, how we intend to do it and having a mechanism


of measuring our results – performance becomes clear for the department and the
community.

II. PURPOSE
This directive sets forth a general statement of Department goals and defines its
objectives to guide Charlottesville Police Department employees in their law enforcement
activities.

III. DEFINITIONS

Gender—the word “he,” or any other word importing the masculine gender, shall extend
and be applied to females as well as males.

GO 200.00 – Department Goals and Objectives 1


Rev: 11/21/2019
IV. PROCEDURE
A. The Department’s Mission Statement
It is the mission of the Charlottesville Police Department to serve, protect and improve
the quality of life for those who reside, work, and visit in our community.

In accomplishing its mission the Department acknowledges the importance of the


following values in both individual employees and overall operation.

• We believe that it is our responsibility to protect the constitutional rights of all


persons, and that we are accountable to the community for this.

• We believe that crime is not only a police problem but a social problem impacting
all aspects of the community and we are committed to working with the
community to address these issues.

• We accept our leadership role in providing for a safe community through


innovative approaches in the suppression of crime and the prevention of public
disorder.

• We are committed to maintaining the highest standards of ethical conduct and


integrity.

• We are committed to professionalism in our operations and are dedicated to


providing comprehensive personal service to all of our people.

B. The Department’s Vision


It is the vision of the Charlottesville Police Department to form partnerships that
enhance the lives of our citizens and build a lasting trust between the community
and their police department.

C. Police Department Goals and Objectives


1. Prevention of Crime
Crime is a social phenomenon and crime prevention should be the concern of
every person in the community.
The Department is responsible however, for interacting with the community to
generate mutual understanding so that there may be public support for crime
prevention. Community involvement is essential to facilitate a free flow of
information between the public and the Department to assist in the identification
of problem areas and to inform the public of crime statistics and trends.
Additionally, knowledge of the community is necessary so that each Department
employee may be instilled with a sense of concern for the crime problems and law
enforcement needs in his or her assigned area of responsibility.

GO 200.00 – Department Goals and Objectives 2


Rev: 11/21/2019
In many ways, crime prevention is a more worthwhile function than after-the-fact
detection and apprehension. In addition to suppressing crime through visible,
aggressive patrol, officers can accomplish long term crime prevention objectives
by informing citizens of ways to protect themselves and their property from
criminal acts by encouraging their cooperation with the criminal justice agencies
and with crime prevention programs in both the schools and the community.
2. Deterrence of Crime
While there are certain crimes that cannot be deterred, crimes committed against
property and against innocent victims in public places are reduced by police
patrol. Street crime is reduced by the potential criminal’s fear of immediate
apprehension or by the increased likelihood of his detection. The deterrence of
crime requires the investigation of behavior that reasonably appears to be
criminally directed.
In deploying patrol forces to deter crime and to inspire public confidence in its
ability to ensure a peaceful environment, the department must strike a balance
between the desirable deterrent effect of visible patrol and any undesirable
appearance of oppression.
3. Apprehension of Offenders
The administration of criminal justice consists of the identification, arrest,
prosecution, punishment, and rehabilitation of a law violator, and it has as its
objective the voluntary compliance with the law as an alternative to punishment.
Once a crime has been committed, it is the duty of the Department to initiate the
criminal justice process by identifying and arresting the perpetrator, obtaining
evidence, and cooperating in the prosecution of the case.
4. Recovery and Return of Property
The actual costs of crime are difficult to measure. There cannot be a dollar value
assigned to the bodily injuries, disrupted lives, and human misery which are it’s
products.
However, it is possible to observe the steadily mounting costs of stolen property.
The monetary loss as well as the other costs of crime must ultimately be borne by
its victims. To minimize the losses due to crime, the Department must make
every reasonable effort to recover lost or stolen property, to identify its owner,
and ensure its return. The final disposition of found, recovered and evidentiary
property should be accomplished within six months after legal requirements have
been satisfied.

5. Maintenance of Order
Another broadly interpreted function of the police might best be defined as that of
a manager of social order; a definition which may include such activities as
preventing or arbitrating neighborhood disputes and family arguments, providing
traffic escorts and direction, assisting ill or injured persons in need of emergency
help, etc.

GO 200.00 – Department Goals and Objectives 3


Rev: 11/21/2019
D. Patrol Function Goals
1. The goals of patrol are essentially the same as those described for the Department
as a whole. The patrol function, through the patrol officer, is the most important
element in society’s efforts to suppress crime. Because the patrol officer is the
heart of the police organization and is depended upon to attain desired
departmental goals, the patrol officer must be a highly trained professional,
competent to fill the many roles required by the community. All other elements
of the department exist to assist the patrol officer in carrying out the objectives of
the Patrol Bureau.
2. Patrol Objectives
The Patrol Bureau exists to provide twenty-four hour a day police protection to
the citizens of Charlottesville; to prevent the occurrence of street crimes through
visible preventive patrol; to respond rapidly to all requests for emergency police
service; to improve the criminal apprehension rate by conducting thorough
preliminary on-the-scene investigations of all reported crimes and follow-up
investigations where appropriate; to reduce traffic congestion and accident
hazards through systematic enforcement of traffic laws and ordinances; to respond
to motor vehicle accidents, to aid victims and to investigate the circumstances of
the accident; to assist citizens in dealing with legal, medical or social problems
through direct crisis intervention and/or making correct referrals to agencies
equipped to deal with such problems; and to improve police/community relations
through increasing the quality and quantity of contacts between citizens and the
police.
a. Response to Calls
The preliminary investigation of complaints and response to requests
for service should be given priority according to the seriousness of the
situation and the availability of resources. Follow-up investigation of
these incidents should be conducted, as required, according to the same
criteria. The following is a suggested list of priorities for guidance in
responding to calls:
i. life and death emergencies;
ii. violent felonies in progress;
iii. violent misdemeanors in progress ;
iv. other felonies in progress;
v. other misdemeanors in progress;
vi. non-criminal calls relating to injury, present danger or
property damage;
vii. other felonies not in progress;
viii. other misdemeanors not in progress; and
ix. miscellaneous service calls not involving injury, present
danger or property damages.

GO 200.00 – Department Goals and Objectives 4


Rev: 11/21/2019
b. Preventive Patrol
Although the patrol officer’s work is often dictated by requests for
service, a considerable portion of the officer’s workday is normally
available for preventive patrol. In order to make productive use of the
available time, officers should plan their patrol to focus on specific
crime and traffic problems within their sector or area of assignment.

c. Patrol Members
The key to the prevention of street crime is aggressive, preventive
patrol. To this end, officers are encouraged to make frequent contact
with persons in their sectors, to utilize information provided at roll call,
and maintain an awareness of known criminals and their activities.

d. Knowledge of Area
It is essential that patrol officers know the physical characteristics of
their areas of responsibility as well as the current crime problems in
those areas. Additionally, they should become acquainted with
residents and business people within the districts, to get to know their
habits and idiosyncrasies and to investigate any unusual conduct.
Effective patrol officers should be skilled in the detection of criminal
activities and eager to conduct their own investigations and then relay
information to others within the Department.

e. Preventive Action
Patrol officers should be conscious of and alert for conditions which
are conducive to crime, and should take the necessary preventive
measures whether this be advising a store keeper of crime hazards,
mediating a family dispute which could escalate into an assault or
homicide, or getting an intoxicated person off the street.

E. Standard of Conduct Objectives


1. Integrity
The public demands that the integrity of its law enforcement officers is above
reproach, and the dishonesty of a single officer may impair public confidence and
cast suspicion upon the entire department. Succumbing to even minor temptation
can ultimately destroy an individual’s effectiveness and may contribute to the
corruption of countless others. An officer must scrupulously avoid any conduct
that might compromise the integrity of himself, his fellow officers, or the
department.
Therefore, all members of the police department must possess the following six
pillars of character:
a. trustworthiness;

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Rev: 11/21/2019
b. responsibility;
c. caring;
d. respect;
e. fairness; and
f. citizenship.
2. Courtesy
Effective law enforcement depends upon a high degree of cooperation between
the department and the public it serves. The practice of courtesy in all public
contacts encourages understanding and appreciation, while discourtesy breeds
contempt and resistance. The majority of the public are law abiding citizens who
rightfully expect fair and courteous treatment by department employees. While
the urgency of a situation might preclude the ordinary social amenities, practice of
courtesy by an officer is entirely consistent with the firmness and impartiality that
characterizes a professional police officer.
3. Service Attitude
Departmental employees should recognize that service to citizens and visitors to
the community is a major objective of the police, and that this service can be
rendered by all divisions and all employees. Personnel should try to assist
citizens who are victims of crime, those who need emergency help, or those who
need assistance or who would otherwise be inconvenienced by our failure to act.
This kind of service can range from giving simple directions and advice to
travelers, to providing victims of crime with reassurance and support.
Often, because there are no other public or private agencies available, the citizens
rely upon the Department for assistance and advice in the many routine and
emergency situations which develop. For this reason and because there is
frequently a potential for crime, the Department regularly responds to incidents
where it is not contemplated that an arrest will be made.
4. Citizen Requests for Information
The citizens of our community rely on the Department for law enforcement
related and non-law enforcement related information. It is the employee’s
responsibility to assist citizens with all legitimate requests for information and
assistance.
When an employee does not know the correct answer to a citizen inquiry, he will
take the name and telephones numbers of the inquirer and forward the inquiry to
the supervisor. The supervisor will then assume the responsibility of obtaining
the correct information and notifying the citizen.
No inquiries should be referred to the City Council, the Office of the City
Manager, Chief of Police, Deputy Chief or Division Commanders unless that
office is the proper office for the citizen to contact.

GO 200.00 – Department Goals and Objectives 6


Rev: 11/21/2019
5. Use of Discretion
Officers are encouraged to use discretion in the performance of their assigned
task, taking into consideration; the conditions present at the time, the constraints
of policy and of existing statutes, laws, and/or ordinances pertaining to the
situation, and any alternatives that may be available to resolve the situation.
F. Community Relations
Community relations are based upon the principle that in a democratic society the
police are an integral and indivisible element of the public they serve. Community
relations are enhanced by positive interaction between the people and the police.
The department must strive to establish a climate in which the officer may perform
his duties with the acceptance, understanding and approval of the public.
Additionally, the willing participation of the people in enforcing the law is essential
for the preservation of peace in the community.
In dealing with people, each officer should attempt to make his contact one which
inspires respect for himself as an individual and professional, and one which
generates the cooperation and approval of the public. While an officer is entitled to
his/her personal feelings, those should not be permitted to enter into public contact.
However, since an officer’s feelings may be subconsciously manifested, it is
incumbent upon him/her to strive for the elimination of attitudes that might impair his
impartiality and effectiveness.
The Charlottesville Police Department is committed to establishing close ties with
and responding to the needs of the community. Any policy, procedure, or practices
that contribute unnecessarily to community tensions and complaints will be reviewed
for changes.
1. Community of Resources
We, as public service employees, have an obligation to the citizens both
collectively and individually. Ideally we would be able to satisfy each obligation
equally, but in reality this is not always possible. Requests from individual
citizens for special services such as increased patrol, the use of radar, house
checks, etc., should be carefully evaluated in terms of total departmental
commitments before any promises are made. If such a service is promised, it is
incumbent upon the officer making the promise to take immediate steps to ensure
the request for service is being processed, and to qualify the promise by informing
the citizen that other demands may make it impossible to comply with the request.
2. Work Environment
It is the policy of the Government of the City of Charlottesville, and of this
Department, to provide a work environment which does not subject employees to
harassment or discrimination on the basis of race, sex, age, ethnic background,
and political or religious affiliation. Further, it is an inherent responsibility of
management, supervisory personnel and employees at every level to ensure
compliance with this policy.

GO 200.00 – Department Goals and Objectives 7


Rev: 11/21/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 43-99


AUTHORITY TO ESTABLISH THE DEPARTMENT –
General Authority Date: June 19, 2018

VLEPSC Number: ADM.02.01 Manual Number: 310.00


Effective Date: 06/19/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
The Charlottesville Police Department is authorized and governed by the City of
Charlottesville Charter, codified through ordinances of March 15, 1999 (Supplement #17,
Update #1) in Article I, Section 2-3, (1) and Section 14, Number 20 and the Code of
Virginia as defined in 15.2-1700, 15.2-1701, 15.2-1704 and other relevant sections.

II. PURPOSE
The purpose of this policy is to state the source of authority for this Department.

III. PROCEDURE
A. The authority vested in the Department by the City Charter and the Code of Virginia
shall be recognized and followed.
1. The Police Department is defined by Section 2.3, (1) and Section 14, Number 20
as follows:
a. Section 2-3, (1)
The official safety program of the city shall be carried into effect by the
following organizations, officers or departments, which are hereby recognized
as an integral part of the official safety program for the purposes of the
Virginia Line of Duty Act:
(1) The police department and all of its sworn personnel.
b. Section 14 Number 20 – Additional and incidental powers; jurisdiction
beyond corporate limits.
To pass all bylaws, rules and ordinances, not repugnant to the constitution and
laws of the state, which they may deem necessary for the good order and
government of the city, the management of its property, the conduct of its
affairs, the peace, comfort, convenience, order, morals, health, and protection

GO 310.00 – Authority to Establish the Department 1


REV: 06/19/2018
of its citizens or their property including authority to keep a city police force;
and to do such other things, and pass such other laws as may be necessary or
proper to carry into full effect any power, authority, capacity, or jurisdiction,
which is, or shall be granted to, or vested in said city, or officers thereof, or
which may be necessarily incident to a municipal corporation; and to enable
the authorities in said city more effectually to enforce the provisions of this
section, and any other powers conferred upon them by this Charter, their
jurisdiction, civil and criminal, is hereby declared to extend one mile beyond
the corporate limits of said city.
2. The preservation of peace and good order as defined in the Code of Virginia in
15.2-1700.
a. 15.2-1700 – Preservation of Peace and Good Order
Any locality may provide for the protection of its inhabitants and property and
for the preservation of peace and good order therein.
3. The organization of police forces as defined in the Code of Virginia in 15.2-1701.
a. 15.2-1701 – Organization of Police Forces
Any locality may, by ordinance, provide for the organization of its authorized
police forces. Such forces shall include a chief of police, and such officers
and other personnel as appropriate.
4. The police powers and duties of a police force as defined in the Code of Virginia
in 15.2-1704.
a. 15.2-1704 – Powers and Duties of Police Force

The police force of a locality is hereby invested with all the power and authority
which formerly belonged to the office of constable at common law and is
responsible for the prevention and detection of crime, the apprehension of
criminals, the safeguard of life and property, the preservation of peace and the
enforcement of state and local laws, regulations, and ordinances.

A police officer has no authority in civil matters, except (i) to execute and serve
temporary detention and emergency custody orders and any other powers granted
to law-enforcement officers in § 16.1-340, 16.1-340.1, 37.2-808, or 37.2-809, (ii)
to serve an order of protection pursuant to §§ 16.1-253.1, 16.1-253.4, and 16.1-
279.1, (iii) to execute all warrants or summons as may be placed in his hands by
any magistrate serving the locality and to make due return thereof, and (iv) to
deliver, serve, execute, and enforce orders of isolation and quarantine issued
pursuant to §§ 32.1-48.09, 32.1-48.012, and 32.1-48.014 and to deliver, serve,
execute, and enforce an emergency custody order issued pursuant to § 32.1-48.02.
A town police officer, after receiving training under subdivision 8 of § 9.1-102,
may, with the concurrence of the local sheriff, also serve civil papers, and make
return thereof, only when the town is the plaintiff and the defendant can be found
within the corporate limits of the town.

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REV: 06/19/2018
B. Other Relevant Sections
1. 15.2-1724 – Police and other officers may be sent beyond territorial limits.
2. 15.2-1725 – Extending police power of localities over lands lying beyond
boundaries thereof; jurisdiction of courts.
3. 15.2-1725.1. Concurrent jurisdiction; limitations.
4. 15.2-1726 – Agreements for consolidation of police departments or for
cooperation in furnishing police services.
5. 15.2-1727 – Reciprocal agreements with localities outside the Commonwealth
6. 15.2-1728 – Mutual aid agreements between police departments and federal
authorities.
7. 15.2-1730 – Calling upon law-enforcement officers of counties, cities, or towns
for assistance.

GO 310.00 – Authority to Establish the Department 3


REV: 06/19/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 44-99


ORGANIZATION OF DEPARTMENT –
ADMINISTRATIVE AND SUPERVISORY POSITIONS Date: July 24, 2019

VLEPSC Number: ADM.07.01, ADM.07.02, ADM.07.03,


Manual Number: 320.00
ADM.07.04
Effective Date: July 24, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

The Department is organized into functional commands as illustrated by the


Organizational Chart. The responsibilities of supervisory and superior officers are
relative to their assignment.

II. PURPOSE
The purpose of this directive is to define responsibilities and functions of the Department
supervisors and superior officers, and to clarify the chain of command within the agency.
The information and structure described provides a means for planning the police task,
for executing it, and for ensuring that the desired results are obtained. The enumerated
duties and responsibilities of each rank are general in nature. To totally delineate each
position is not feasible.

III. PROCEDURE
A. CHIEF OF POLICE
1. Selection
The Chief of police is appointed by, and directly responsible to, the City Manager.
1. General Powers and Duties of the Chief of Police (City Code Ch. 20, Sec. 20-3)
a. The Chief of Police shall be the chief executive of the police
department, but shall always be subject to the orders and regulations of the
city manager and the city council. They shall be under the control of the
city manager and the city council for the purpose of enforcing peace and
order and executing the laws of the state and ordinances of the city. It
shall be the duty of the police force to respect and obey the orders of the
chief not in conflict with this chapter.

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 1


Revised: 06/20/2019
b. The Chief of Police shall be responsible for the good order of the city
and for general good conduct of the members and officers of the police
force. They shall cause to be served all processes directed to him by a
magistrate or the judge of the district court and all orders of the city
manager.
2. Authority of the Chief of Police
a. The chief of police shall have the authority to promulgate rules and
regulations for the conduct of the members of the police department.
b. Such rules and regulations shall be subject to the approval of the city
manager and shall be in conformity with the laws of the state, the Charter
and the provisions of the Charlottesville City Code.
3. Responsibility
The Chief of Police is responsible for the enforcement of all applicable
laws and ordinances within the city.
It shall be the responsibility of the Chief of Police to ensure that the
mission, vision and values of the Department are advanced. Additionally,
the Chief of Police is responsible for the implementation and monitoring
of the Department’s Strategic Plan and ensure that subordinate members
under their control are familiar with the plan’s goals and objectives.
Furthermore, the Chief of Police shall ensure that every member of the
public and Department are treated with the utmost dignity, respect and
professionalism.
In addition, the Chief of Police is responsible for:
a. Planning, directing, coordinating, controlling and staffing all
activities of the Department;
b. enforcement of the Department’s rules and regulations; and
c. completing and submitting all reports as required by law or
requested by the City Manager.

B. EXECUTIVE STAFF
The Department’s Executive Staff consists of the Chief of Police, and the Division
Commanders. The Department’s Executive Staff personnel assists the Chief of Police
by recommending Department policy and ensures that all component parts of the
Department coordinate their activities in order to promote a greater efficiency in
accomplishing the objectives of the Department.

C. COMMAND STAFF
The Departments Command Staff consists of the Chief of Police, Division
Commanders, and Lieutenants. The Departments Command Staff personnel assists

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 2


Revised: 06/20/2019
the Chief of Police in ensuring that all component parts of the Department
coordinate their activities in order to promote a greater efficiency in accomplishing
the objectives of the Department.

D. COMMANDING OFFICERS
1. Commanding Officers may consist of a Captain, a Lieutenant, Sergeant or
their designees. Subject to direction from a higher command, a commanding
officer has direct control over all employees within their command.
2. Responsibilities of Commanding Officers:
It shall be the responsibility of all Commanding Officers to ensure that the
mission, vision and values of the Department are advanced. Additionally, the
Commanding Officers are responsible for the implementation and monitoring
of the Department’s Strategic Plan and ensures that subordinate members
under their control are familiar with the plan’s goals and objectives.
Furthermore, the Commanding Officers shall ensure that every member of the
public and Department are treated with the utmost dignity, respect, and
professionalism.
In addition to the general and individual responsibilities of all employees, a
commanding officer is responsible for:
a. directing and controlling personnel under their command to assure the
proper performance of duties and adherence to rules, regulations, policies
and procedures and providing for continuation of command and/or
supervision in their absence;
b. developing and maintaining high morale and loyalty to the Department
and the promotion of harmony and cooperation with other divisions,
bureaus, units and sections of the Department; and
c. maintaining discipline within their command and investigating certain
complaints assigned to them by the Professional Standards Unit regarding
personnel within or under their command.

E. ACTING CHIEF OF POLICE


1. In the absence of the Chief of Police an “Acting Chief of Police” shall be
designated by the Chief in conformation with this directive. Such Assignment will
remain in effect during the absence of the Chief of Police or for the time specified
by the Chief.
2. The person assuming Command shall have all the power and responsibility of
the Chief of Police, except during the following instances, unless specifically
authorized by the Chief of Police:
a. Selection and appointment of new personnel;
b. dismissals;

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 3


Revised: 06/20/2019
c. promotions;
d. demotions; and
e. modification of the rules, regulations, procedures, or department
policies in non-emergency instances.

F. DIVISION COMMANDERS
It shall be the responsibility of the Division Commanders to ensure that the
mission, vision, and values of the Department are advanced. Additionally, the
Division Commanders are responsible for the implementation and monitoring of
the Department’s Strategic Plan and ensures that subordinate members under their
control are familiar with the plan’s goals and objectives.
Furthermore, the Division Commanders shall ensure that every member of the
public and Department are treated with the utmost dignity, respect, and
professionalism.
1. The Division Commanders shall:
a. Hold the rank of Captain;
b. be the commanding officers of the Field Operations Division,
Criminal Investigation’s Division, Support Operation’s Division, and the
Administration Division;
c. report directly to the Chief of Police; and
d. shall be designated as part of the Chief’s Executive Staff.
2. The Division Commander or their designee shall supervise and be responsible
for all police functions and designated responsibilities assigned or implied to their
appropriate Division.
3. Duties of the Division Commander
a. Directs and supervises the activities of all personnel in the Division;
b. plans and organizes the activities and operations of their Division;
c. determines the training needs of personnel within the Division and
recommends training needs to the Department’s Training Officer that
helps to enable the Department to accomplish its stated objectives;
d. establishes and maintains liaison with other divisions, law enforcement
agencies, the courts, social service agencies, other City departments, etc.;
e. keeps the Chief of Police and the Department’s Executive Staff
informed on problems faced by officers in the field and nature of crime
problems in the City; and
f. assist the Chief of Police in the day-to-day operations of the
Department and may be designated by the Chief of Police as the Acting

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 4


Revised: 06/20/2019
Chief of Police during the absence of the Chief of Police or the time
period specified by the Chief of Police.

G. LIEUTENANTS – Bureau Commander


It shall be the responsibility of the Lieutenant - Bureau Commander to ensure
that the mission, vision, and values of the Department are advanced.
Additionally, the Lieutenant is responsible for the implementation, monitoring
of the Department’s Strategic Plan, and ensures that subordinate members
under their control are familiar with the plan’s goals and objectives.
Furthermore, the Lieutenant – Bureau Commander shall ensure that every
member of the public and Department are treated with the utmost dignity,
respect, and professionalism.
1. A Lieutenant in command of a bureau reports directly to a Division
Commander. The Bureau Commander supervises and is responsible for all police
functions that are either assigned or implied to the command.
2. Duties of a Bureau Commander
a. Shall be designated as part of the Chiefs Command Staff;
b. directs and supervises the activities of all personnel in the Bureau;
c. plans and organizes the activities and operations of the Bureau;
d. approves duty hours, shifts, vacations, and other personnel matters;
e. determines training needs of personnel within the Bureau and provides
training on matters relating to law enforcement functions;
f. investigates citizen complaints against police officers and/or personnel
assigned to his or her Bureau and investigates to determine the cause(s) of
recurring personnel problems;
g. establishes and maintains liaison with other Department commands,
law enforcement agencies, the courts, social service agencies, and other
City departments, etc;
h. Keeps the police administration informed on problems faced by
officers in the field and the nature of the crime problem in the city;
i. Reviews all reports by subordinates for proper preparation and
accuracy; and
j. investigates cases of police misconduct as assigned by the Professional
Standards Unit.

H. LIEUTENANT/SERGEANT – Shift, Unit or Section Commander

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 5


Revised: 06/20/2019
The Lieutenant, Sergeant or their designee shall be responsible for all police
activities during the shift or all activities of a specific functional Section of the
Police Department.
It shall be the responsibility of the Lieutenant or Sergeant of a shift, unit or
section to ensure that the mission, vision and values of the Department are
advanced. Additionally, the Lieutenant or Sergeant is responsible for the
implementation and monitoring of the Department’s Strategic Plan and ensures
that subordinate members under their control are familiar with the plan’s goals
and objectives.
Furthermore, the Lieutenant or Sergeant of a shift, unit or section shall ensure
that every member of the public and Department are treated with the utmost
dignity, respect and professionalism.
1. Duties of a Shift or Section Commander
a. Plans, organizes, directs and supervises the activities of all personnel
on the Shift or in the Section;
b. reviews all reports by subordinate personnel for proper preparation,
investigation assignment and report status;
c. approves duty hours, shifts, vacations, and other personnel matters;
d. provides training on matters relating to law enforcement functions;
e. investigates citizen complaints against police officers and other
personnel assigned to the command and citizen complaints concerning
recurring problems;
f. establishes and maintains liaison with other Department commands,
the courts, other City agencies, social service, etc.;
g. keeps police administration informed on the changing nature of
problems being faced by officers in the field; and
h. investigates cases of police misconduct as assigned by the Professional
Standards Unit

I. SUPERVISORY OFFICERS
It shall be the responsibility of the Supervisory Officers to ensure that the mission,
vision and values of the Department are advanced. Additionally, the Supervisory
Officers are responsible for the implementation and monitoring of the
Department’s Strategic Plan and ensures that subordinate members under their
control are familiar with the plan’s goals and objectives.
Furthermore, the Supervisory Officers shall ensure that every member of the public
and Department are treated with the utmost dignity, respect and professionalism.
1. Duties of a Sergeant

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Revised: 06/20/2019
a. Is in charge of one or more persons or a program. A Sergeant is
accountable for the performance of employees under his or her
supervision;
b. plans and supervises the activities of all personnel under their
command;
c. assists in establishing procedures, policies and priorities;
d. regularly conducts training for all personnel under their command.
Observes and inspects the operations and evaluates performance of
subordinates;
e. supervises the collection and recording of evidence at the scene of
major crimes/accidents;
f. reviews reports written by subordinates for accuracy, completeness
and, where required, assigns status of report to further investigation;
g. inspects and investigates all incidents of damage or neglect to
Department vehicles and equipment;
h. assists subordinates in the preparation and presentation of court cases;
i. maintains public relations with the community; and
j. investigates cases of police misconduct as assigned by the Professional
Standards Unit.

2. DETECTIVE SERGEANT
a. Supervise and direct the activities of detectives;
b. review reports to determine that proper procedures and investigations
are being followed;
c. render assistance to other departments and follows up on case
assignments;
d. determine and recommend/implement in-service training needs for the
Investigation Bureau personnel and recommend training for members of
patrol;
e. assist in establishing procedures, policies and priorities;
f. maintains good relations with the community and is involved in crime
prevention efforts;
g. compiles and coordinates data relating to arrests and contacts for
Department and court use; and
h. investigates cases of police misconduct as assigned by Professional
Standards Unit.

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 7


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3. CORPORAL
a. Assists Sergeants in providing general supervision in their respective
Division. May be required to assume all the daily duties of a Sergeant
during the absence of the normal assigned Sergeant or Supervisor.
Corporals will be automatically appointed as Field Training Officers
upon promotion to the rank of Corporal.

GO 320.00 – Organization of Dept. – Admin. & Supervisory Positions 8


Revised: 06/20/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 96-99


DEPARTMENT STAFFING Date: July 26, 2019
VLEPSC Number: OPR.01.07 Manual Number: 330.00
Effective Date: July 26, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE
The purpose of this General Order is to specify the personnel staffing of the
Department, to provide proper and efficient coverage and informed and
professional services to the public while fulfilling the Department’s mission,
goals and objectives.
II. POLICY
It shall be the policy of the Charlottesville Police Department to provide police
protection and service to the City of Charlottesville twenty-four hours a day. The
Field Operations Division shall have primary responsibility for such twenty-four
hour police coverage. Police Department personnel will be assigned to meet
staffing levels necessary to achieve Department goals and objectives. An effort
will be made to accommodate individual officer’s requests, however the primary
objective will be the accomplishment of the Department’s mission.

III. PROCEDURE
A. Field Operations Division
1. Assignment to Division/Bureau/Section/Unit/Sector
a. The Field Operations Division shall consist of patrol officers,
supervisors, animal control officer, and telephone Reporting Unit.
The number of which shall be determined by the Chief of Police.
The Field Operations Division Commander shall maintain the man
power of the Division among the various shifts in such a manner as
to provide adequate police patrol coverage throughout the City on
a twenty-four hour basis.
b. Officers who are in field training will be assigned to the Patrol
Bureau of the Field Operations Division unless otherwise dictated
by the Chief of Police.

GO 330.00- Department Staffing 1


Revised: 07/13/2019
c. The reassignment of an officer from one Division to another or
within the Divisions or shifts will be at the discretion of the Chief
of Police based on requests, vacancies and the needs of the
Department. The Chief of Police will make these assignments in
consultation with the affected Division Commanders.
d. Members of the Department who are assigned to the Patrol
Bureau will be distributed among three ten hour shifts.
i. Midnight - Shift 1
ii. Daylight - Shift 2
iii. Evening - Shift 3
e. The Field Operations Division Commander will determine the
number of personnel assigned to each shift.
f. The Shift Commander, in consultation with the Shift
Supervisors, will assign the officers on their shift to a district or
work area. The assignments will be based on requests from
officers, the need for expertise or special training and other needs
of the shift.
g. Each shift will provide continuous coverage during their shift
changes.
i. All officers reporting for duty will be briefed on any
crime trends, major activities and any other pertinent
information from the prior day’s activity before relieving the
on-duty officers.

h. The City of Charlottesville is divided geographically into


districts. Officers are assigned to districts to perform their
assigned duties.
i. The Field Operations Division Commander and Shift
Commanders shall monitor the number of calls for service,
response times and other factors as may be determined by
the Chief of Police to ensure that existing district boundaries
establish reasonable workloads and acceptable standards of
responsibility for each patrol officer.
ii. District boundaries will be periodically reviewed and
revised to ensure that patrol officers are distributed
throughout the City at all hours.
iii. Officers assigned to a district shall proactively patrol
that primary area of responsibility and should remain in that
area unless calls for service require them to leave that area
or as directed by the shift supervision.
iv.

GO 330.00- Department Staffing 2


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B. Criminal Investigations Division
1. The Criminal Investigations Division consists of the Criminal
Investigations Bureau (CIB) and the Forensic Unit. The CIB consists of the
following units: Major Case, Special Victims, Property and White Collar,
Intel and Technical Support, and Narcotics. The Forensic Unit is staffed by
both sworn and civilian personnel. The Chief of Police shall determine
appropriate staffing levels for the Investigations Division. The CIB
Commander is responsible for scheduling of staff assigned to the CIB and the
Forensic Unit based on the needs of the Department and in consultation with
the Investigations Division Commander
C. Support Operations Division
1. The Support Operations Division consists of the Training Bureau,
Hiring and Retention Bureau, Information Management Services, Traffic
Unit, Sensitive Data Specialist and the Business Application Specialist.
The Chief of Police shall determine the number of employees assigned to
these areas. The Support Operations Division Commander shall assign
and approve staffing and scheduling of the Division’s
Bureau’s/Units/Sections.
2. Members of the Training Bureau, Hiring and Retention Bureau,
Information Management Services will have his/her shift schedule
determined by their appropriate Bureau Commander based on the needs of
the Department and in consultation with the Support Operations Division
Commander. Bureau Commanders shall ensure that scheduling,
deployment and case assignment methods are delivered timely, efficient
and effective service is provided to citizens while also ensuring that work
hours and workloads are fairly distributed among all employees. Members
of the Department who are assigned to the Traffic Unit within the Support
Operations Division will have their shift schedule determined by their Unit
Supervisor based on the needs of the Department and in consultation with
the Support Operations Division Commander.
3. Members of the Information and Management Services Unit, will
provide coverage normally during standard business hours to handle
incoming requests for information in a timely and effective manner. In
addition, Information and Management Services shall maintain adequate
staffing amongst their various shifts to provide coverage on a twenty-four
hour basis.
D. Administration Division
1. The Administration Division consists of the Logistical Support Unit,
Quartermaster, Accreditation and Compliance Section, Budget Analyst
and Accounts Payable and Receivable. Members of the Administration
Division will have his/her shift schedule determined by the Administration
Bureau Commander based on the needs of the Department and in
consultation with the Administration Division Commander. The Bureau

GO 330.00- Department Staffing 3


Revised: 07/13/2019
Commander shall ensure that scheduling is based on the needs of the
department while also ensuring that work hours and workloads are fairly
distributed among all employees.

E. Assignment of Days Off


1. Regular Days Off
a. The Commanders of all organizational levels of the
Department shall assign regular days off to the members of the
Charlottesville Police Department under their command.
b. Each Commander must determine which days of the week are
open for assignment as regular days off for personnel under his/her
direct supervision.
c. All changes will be based on the needs of the Department,
personnel changes and/or individual request.
2. Temporary Days Off
a. Assigned days off may be temporarily changed by the
individuals supervisor and/or Commander of their
Division/Section/Unit/Shift.
b. All changes will be based on the needs of the Department and
individual requests.
F. Emergency Assignments
1. Hold Over
a. In an emergency situation, any or all personnel on duty, on any
shift, may be held over to continue working on the following shift.
2. Call Out
a. In an emergency situation, any or all personnel who are off
duty may be called to work.

F. Late Openings and Office Closures Due to Inclement Weather and Holidays

1. For the purpose of inclement weather closings and observed holidays


ONLY, the following personnel are designated as essential for the
immediate operation of the department:

a. All scheduled Field Operations personnel


b. All scheduled Information and Management Services
personnel

2. All other department employees are assigned a status of non-essential


status and will not have to report for duty.

GO 330.00- Department Staffing 4


Revised: 07/13/2019
a. Upon declaration of the late opening or closure of City offices
by the City Manager, non-essential employees shall be
allowed late opening or office closure leave time in the
amount designated by the City manager to be used during that
same work day only.
b. All personnel designated as essential must report to work as
scheduled and will be credited with compensatory leave time
or overtime at double time and a half for the hours worked
during the late opening or closure.

3. Notwithstanding these designations, the Chief of Police reserves the


right to call in any and all personnel deemed operationally necessary to
carry out our appointed mission.

G. Personnel Shortage Assignments

1. Hold Over
a. When a personnel shortage is known to exist for a shift, which
is about to begin duty, an on duty supervisor will request that an
officer currently on duty hold over to work the following shift. If
no officer volunteers, the personnel shortage callout procedure will
be followed.
2. Call Out
a. When a personnel shortage exists and no one from the on duty
shift volunteers to hold over, a supervisor from the oncoming shift
will be required to call an off duty officer assigned to the shift
which is experiencing the shortage of manpower.
b. If no one from the affected shift can be contacted, the
supervisor will call out any available off duty officer.
3. Considerations
a. When an officer is held over or called out to work, an effort
will be made to allow that officer to make arrangements to handle
personal matters which may be pending.
b. Employees may not work anymore than sixteen (16) hours of
continuous service on or off duty in a twenty-four (24) hour period
without prior approval from the on duty Shift Commander or
supervisor in charge.
c. Exceptions may be made by a supervisor in charge of an
extended operation that lasts more than sixteen hours. It shall be
the approving supervisor’s responsibility to monitor the employee
for fitness for duty and rotate them out of service if necessary (GO
512.01.IV.B.1).

GO 330.00- Department Staffing 5


Revised: 07/13/2019
4. The Chief of Police may temporarily appoint an officer or supervisor
into a higher ranking capacity in order to meet operational needs
throughout the department. Such appointment may come with additional
compensation in accordance with the City of Charlottesville’s
compensation plan. Rank of the appointed position will be displayed on
the uniform shirt collar with medal insignia (e.g. chevrons, bars etc.)

GO 330.00- Department Staffing 6


Revised: 07/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 01-19


CONTINUITY OF OPERATIONS Date: November 13, 2019
VLEPSC Number: Non-Standard Manual Number: 331.00
Effective Date: Nov. 13, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department recognizes the potential for the City of
Charlottesville to experience a critical incident or crisis event that would require
the full operational availability of all its members to ensure the continuation of
police services to the city and as well as effectively manage the incident or crisis.
It is the policy of the Charlottesville Police Department to ensure a plan for the
continuity of operations during such an event.
II. PURPOSE
The purpose of this General Order is to establish an internal effort within the
Charlottesville Police Department Divisions to ensure the capability exists to
continue essential department functions while maintaining critical services across
a wide range of potential emergencies.

A limited number of the enclosed City of Charlottesville Police Department


General Orders have been redacted. The redactions ensure that that Police
Department’s operational and tactical responses are withheld for community
and Officer Safety (e.g., bank alarm response, response to an active threat, and
Tactical Operations).

GO 331.00 – Continuity of Operations


New: 11/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 45-99


ORGANIZATION OF DEPARTMENT COMMANDS Date: May 4, 2020
VLEPSC Number: ADM.07.02, ADM.07.03, ADM.07.04 Manual Number: 340.00
Effective Date: 04/04/20
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of the Charlottesville Police Department to organize its command structure
to support the effective and efficient accomplishments of Departmental responsibilities and
functions.
II. PURPOSE
The purpose of this directive is to describe the organization of the Charlottesville Police
Department and to assign responsibilities, functions and duties.
III. PROCEDURE
The Department is composed of the following parts; The Office of the Chief of Police, the
Field Operations Division, the Support Operations Division, The Administration Division
and the Criminal Investigations Division. Each component is assigned a specific law
enforcement role, i.e. line or staff functions. The organizational structure is established to
designate how work is to be divided among the various components of the Department.
Specifically, the Department’s organization is as follows:
A. OFFICE OF THE CHIEF OF POLICE
The Office of the Chief of Police consists of the Chief of Police, the Executive Assistant
to the Chief of Police (non-sworn position), the Office of Professional Standards, the
Public Information Officer (non-sworn position) and the Chaplain.
1. The Office of Professional Standards
The Office of Professional Standards is a component of the Office of the Chief of
Police. The Office of Professional Standards reports directly to the
to the Chief of Police. The main functions of the Office of Professional Standards
is to facilitate the recording, registering, and controlling of the investigations of
alleged or suspected misconduct within the Charlottesville Police Department.
The Office of Professional Standards is responsible for the following:

a.) conducting internal investigations as assigned by the Chief of Police

GO 340.00 – Organization of Department Commands 1


Rev: 04/04/2020
b.) oversight of the departments disciplinary process to ensure fairness and
objectivity;
c.) maintaining the confidentiality of internal investigations and records; and
plan, research and implement special projects at the direction of the Chief of
Police;
d.) provide analysis research in problem areas;
e.) provide program and policy analysis of ongoing departmental programs and
practices;
f.) prepare other departmental documents as directed by the Chief of Police;
g.) responsible to adhering to GO 517.01 Internal Investigations and Citizen
Complaints; and
h.) coordinates the Departments awards and recognitions program.

2. The Public Information Officer (PIO)


The Public Information Officer (PIO) is a non-sworn employee who reports
directly to the Chief of Police. The PIO is also the point of contact within the
department to handle all official responses to third party requests for
information or public documents made under the Virginia Freedom of
Information Act (VFOIA). The PIO is responsible for the following:

a.) responsible for arranging and coordinating department press conferences;


b.) responsible for creating and coordinating press releases;
c.) responsible for releasing the daily bulletin as authorized by the Chief of
Police;
d.) managing and routinely updating the departments social media sites;
e.) responsible for adhering to the policy and guidelines listed in GO 523.25-
Media Relations;
f.) responsible for collecting copies of all records responsive to a VFOIA
request;
g.) previewing the responsive documents to determine whether any or all may
be exempt from being disclosed under VFOIA;
h.) preparation of a written response to the request that complies with the
requirements of Code of Virginia §2.2-3704(B); and
i.) responsible for adhering to the policy and guidelines listed in GO 523.20-
Handling Requests for Information Under the VFOIA.

3. The Executive Assistant to the Chief of Police


The Executive Assistant to the Chief of Police is a non-sworn employee who
reports directly to the Chief of Police. The Executive Assistant to the
Chief of Police handles a variety of assignments which include but are not
limited to the following:

a.) plans, organizes, and provides administrative activities such as clerical

GO 340.00 – Organization of Department Commands 2


Rev: 04/04/2020
assistance, transportation and the purchase of supplies and equipment;
b.) assists the Chief of Police with the planning and scheduling of the Chief’s
daily agenda and meetings;
c.) plans, organizes and facilitates department meetings as directed by the Chief
of Police;
d.) answers and directs all phone calls that go through the Office of the Chief
of Police to the appropriate location while also assisting citizens with
inquiries;
e.) manages and controls all access to personnel files for the Department; and
f.) assists the Chief of Police with any and all other daily activity assigned.

4. The Chaplain
The Chaplains are non-sworn volunteers who are ordained or licensed ministers.
The Chaplains are appointed by the Chief of Police and they report directly to
the Chief of Police. The Chaplains must adhere to the policy and guidelines listed
in GO 340.15 – Police Chaplains Program

B. FIELD OPERATIONS DIVISION


The Field Operations Division Commander reports directly to the Chief of Police. The
Field Operations Division provides the major line element of the Charlottesville Police
Department and is charged with the following responsibilities:
1. Patrol Bureau
There are three uniformed patrol shifts in the Patrol Bureau. The uniformed patrol
shift responsibilities include:
a.) provide twenty-four hour police patrol;
b.) respond to all ECC calls for service;
c.) proactively patrol the city for violations;
d.) support and supervision of community service officers assigned to the
division;
e.) regulation of traffic and investigation of accidents;
f.) enforcement of parking ordinances;
g.) providing school crossing guards at school crossings if required;
h.) enforcement of animal laws and ordinances;
i.) all police line operations up to the point where a specialized component must
take over due to the complexity or nature of the incident;
j.) aggressive patrol and crime prevention;
k.) preliminary investigation of most crimes and complete investigation of
others;
l.) preparation of reports relating to crimes or incidents; and
m.) providing a variety of non-criminal services to the public.

GO 340.00 – Organization of Department Commands 3


Rev: 04/04/2020
2. K-9 Team
The K-9 Team is assigned to the Patrol Bureau and are distributed amongst the
three patrol shifts according to operational needs. The K-9 Team is required to
maintain a flexible work schedule so that the team may respond to any situation
where it may be best utilized by department personnel. The primary objectives in
the implementation of the canine and officer is to:

a.) reduce crime and the fear of crime by high visibility patrol;
b.) to provide a support function to patrol by utilizing the special aspects of a
canine, such as but not limited to:
• building searches;
• field searches;
• drug sniffing searches;
• crowd control;
• suspect apprehension;
• tracking;
• explosives detection; and
d.) provide the department with a community relations aspect.

3. Traffic Unit
The Traffic Unit provides specialized support in the areas of traffic enforcement,
traffic control and accident investigation. The Traffic Units responsibilities
include but are not limited to:

a.) assisting in the investigation of traffic accidents which cause serious


injury or death;
b.) conducting follow-up hit and run investigations;
c.) reviewing accident investigation reports;
d.) maintaining traffic accident statistics;
e.) conducting selective enforcement activities;
f.) developing traffic safety programs;
g.) working with other jurisdictions on common traffic problems;
h.) acting as a liaison with City traffic engineers;
i.) resolving citizen complaints concerning traffic problems;
j.) providing traffic control for special events; and
k.) provide motor escorts as needed
The traffic officers may utilize motorcycles on a year round basis when the
weather is appropriate and safe for their usage. Officers utilizing the motor

GO 340.00 – Organization of Department Commands 4


Rev: 04/04/2020
cycles must have a Class M endorsement on their Virginia driver’s license
as well as have successfully completed a department approved motorcycle
training course. The primary objective of the motorcycle usage is for the
reduction of traffic deaths and injuries by the detection and apprehension of
traffic violators through the proactive use of radar, laser and other selective
enforcement techniques. The secondary objective is to address complaints
received from the department and citizens of specific locations of violations.
The motorcycle operators responsibilities include:

a.) investigating complaints of excessive vehicular speed;


b.) proactively enforce traffic violations throughout city utilizing the benefits
of motorcycle patrol;
 the motorcycles ability to remain hidden the motorcycles ability to
safely execute U-turns;
 the motorcycles ability to be highly mobile;
c.) providing motorcycle escorts as directed;
d.) perform accident reconstruction;
e.) conduct follow-up investigations of hit and run reports; and
f.) assist other law enforcement agencies with dignitary motorcades.

Community Service Officers (Parking Enforcement) – These officers are sworn


only to enforce parking ordinances and direct traffic. They are not authorized to
perform general law enforcement duties. These Community Service Officers are
responsible for but not limited to:

a.) patrolling assigned areas of the City to check for parking violations;
b.) issuing citations for parking violations;
c.) aiding citizens who have questions concerning parking ordinances;
d.) directing traffic as assigned;
e.) fill in as required for school crossing posts; and
f.) notifying the registered owners of all police ordered towed vehicles
where the towed vehicle is stored and the need to retrieve the vehicle.

School Crossing Guard Section - The School Crossing Guard Section is under
the direct supervision of the Traffic Unit Supervisor. The members of this
section are sworn in to direct traffic and do not become involved in general law
enforcement activities, except to provide information to the traffic officers on
violations observed. This section is responsible for but not limited to:

a.) control vehicular traffic at designated school crossings;


b.) cross pedestrians traffic at designated school crossings;

GO 340.00 – Organization of Department Commands 5


Rev: 04/04/2020
c.) report violations by drivers or pedestrians; and
d.) direct traffic at other assigned locations when necessary or assigned.
4. Telephone Reporting Unit
Telephone Reporting Unit is a component of the uniformed patrol shift.
Members working this position shall be assigned to the second or third shift and
be assigned to the supervision of a shift sergeant. The Telephone Reporting
Unit will perform a variety of functions that will permit uniformed officers to
remain in the field as much as possible. These functions include but are not
limited to:

a.) taking reports by telephone and in person at the police department;


b.) processing arrested persons for the court;
c.) processing prisoners;
d.) handling information and other non-emergency calls by phone or at the
police department lobby;
e.) fingerprinting of police department applicants; and
f.) perform any designated administrative function at the Police Department
that would otherwise prevent a patrol officer from being available “in
the field.”

5. Community Service Officer(s) (Patrol)


The Community Service Officer(s) (CSO) assigned to the Patrol Bureau are a
non-sworn employees who are assigned to the second shift of the Patrol Bureau.
The patrol CSO’s are utilized in various areas of the city which consists of large
populated areas such as shopping malls. The CSO’s primary mission is to provide
information and directions to our citizens and visitors/tourists who visit the City
of Charlottesville. The responsibilities of the CSO Officers also include but are
not limited to:
a.) being a visible presence in their assigned areas;
b.) monitoring parking situations and issuing parking tickets when applicable;
c.) monitoring the daily activities in their area of assignment and notifying the
Emergency Communications Center of any situation that would require a
police officer or other emergency personnel to respond; and
d.) conduct traffic direction when needed.
6. Animal Control Officer (ACO)
The Animal Control Officer (ACO) is a non-sworn employee. The ACO is
responsible for:

a.) enforcement of state and local laws regarding animals within the city;
b.) maintaining animal control equipment belonging to the city;

GO 340.00 – Organization of Department Commands 6


Rev: 04/04/2020
c.) preparing reports and maintaining records on animal control actions; and
d.) fill in as required for school crossing guards and directing traffic as needed.
7. School Resource Officers (SRO)
The School Resource Officers (SRO) are tasked with maintaining a close liaison
with the youth, parents and schools of the City of Charlottesville. The
responsibilities of the SRO’s include but are not limited to:

a.) assisting classroom teachers in teaching specific lessons on crime


awareness, drug resistance and legal subjects;
b.) arranging field trips, guest speakers, and demonstrations on specific topics
relating to law enforcement and criminal justice;
c.) assisting students with resource support for school or behavior issues, and
personal issues;
d.) advising the school administration on matters pertaining to the handling of
juveniles , police procedures and the criminal and juvenile justice systems;
e.) keeping records of all school and police activities involving the school
resource officer;
f.) keeping police administration advised of program needs; and
g.) providing necessary security to create a safe learning environment.

8. Crisis Negotiations Team (CNT)


The Crisis Negotiation Team is made up of sworn officers who are assigned to
various areas of the department. When activated, they fall under the direct
command of the Crisis Negotiations Team Leader who reports directly to the
Field Operations Division Commander. All members of the team receive
specialized and ongoing training. This teams responsibilities include but are not
limited to:

a.) to establish communications with barricaded, suicidal or armed subjects;


b.) to control and conduct all communication with a subject;
c.) gain intelligence for support of other units;
d.) to effect the surrender of the subject through negotiations; and
e.) to adhere by the policy and guidelines in GO 538.03-Crisis Negotiations
Team.

9. Crisis Intervention Program Coordinator


The Crisis Intervention Program Coordinator is a non-sworn member who assists
officers of the department in receiving specialized training in crisis intervention.
The purpose of the Crisis Intervention Program Coordinator is to help guide
officers with interactions between law enforcement and those living with mental
illness and those who are in crisis. It is designed to improve the way law
enforcement and the community respond to people experiencing a mental health
crisis. The Crisis Intervention Program Coordinator assists officers by:

GO 340.00 – Organization of Department Commands 7


Rev: 04/04/2020
a.) identifying members of the community who are affected by a mental
illness and assist in directing them to the proper services needed;
b.) developing working relationships with mental health professionals and/or
other related organizations as a resource to assist in facilitating the needs of
a community member affected by a mental illness; and
c.) regularly attending monthly review meetings to inform the Department
of the identity of community members who suffer from mental
illness in a collaborative effort to assist those citizens who may be in the
need of services.

C. SUPPORT OPERATIONS DIVISION


The Support Operations Division Commander reports directly to the Chief of Police.
The Division provides the operational support for the police department. The Division
components are as follows:
1. Hiring/Retention Bureau
The Hiring/Retention Bureau is a component of the Support Operations Division.
The responsibilities for this Bureau are but not limited to:

a.) coordinating the recruitment of personnel;


b.) coordinating with the Quartermaster to ensure new employees receive their
required issued gear;
c.) coordinates new employees initial orientation training and administrates
the HR function of hiring for the department;
d.) coordinates the enrollment of police officer recruits at the regional training
academy;
e.) conducts back ground investigations on all perspective employees of the
Charlottesville Police Department;
f.) manages the departments electronic access system (key fobs); and
g.) manages the issuance of departmental identification cards.

2. Training Bureau
The Training Bureau is a component of the Support Operations Division. The
responsibilities of this bureau are as follows:

a.) analyzes training issues and pertinent statistics and prepares reports
and/or recommendations for departmental requirements and plans;
b.) oversees completion of mandatory retraining of all sworn and non-sworn
personnel at approved training sites;
c.) maintains records of names of attendees, dates of attendance, test scores,
lesson plans, certificates, and other data required by state law or
departmental policy;
d.) participates in planning and development of in-house training programs

GO 340.00 – Organization of Department Commands 8


Rev: 04/04/2020
and selects qualified instructors and schedules training sessions;
e.) investigates or conducts research on the availability of specialized training
programs for departmental personnel. Distributes brochures and/or notices
of programs of interest to the command staff;
f.) coordinates travel and lodging arrangements for visiting instructors; and
g.) coordinates registration, lodging and travel for employees.

3. Logistical Support Unit


The Logistical Support Unit is a component of the Administration Division. The
Logistical Support Unit responsibilities include but are not limited to:

a.) management of the Departments camera systems (body worn


camera’s and MVR system), and the departments radios;
b.) conducting vehicle equipment and safety inspection for all vehicles
assigned to the department;
c.) maintenance of comprehensive records for the inspection,
maintenance, assignment, and reported damage of all department
vehicles;
d.) coordination of routine maintenance and repair of departmental
vehicles;
e.) making recommendations on all matters pertaining to the entire fleet;
and
f.) other related duties as assigned.

4. Information Management Services

Information Management Services is a component of the Support Operations


Division and is made up of non-sworn employees to include one supervisor. The
responsibilities of the Information Management Services include but are
not limited to:
a.) providing the public reception function for the department;
b.) maintaining records of warrants, accidents, crime, arrests, and other
incidents;
c.) answer the police business telephone lines and sending and receiving
teletype messages for the department;
d.) maintaining court liaison and providing proper records to the court as
needed;
e.) inputting and maintaining data for the submission of incident based
reporting reports; and
f.) disseminating official reports and records.
5. The Accreditation and Compliance Manager
The Accreditation and Compliance Manager position is held by a sworn officer
and is responsible for the following:

GO 340.00 – Organization of Department Commands 9


Rev: 04/04/2020
a.) writing and maintenance of departmental policies and procedures as
directed by the Chief of Police;
b.) ensures that department policies and procedures are updated as
needed;
c.) maintains all the original signed policies and procedures to include
changed, updated, and rescinded policies;
d.) is responsible for distributing policies that have been changed or
updated to all department personnel;
e.) oversees and coordinates the administration of the departments
accreditation process to ensure compliance with the Virginia Law
Enforcement Professional Standards Commission (VLEPSC)
Standards;
f.) ensures the maintenance of accreditation standard folders containing
documented proof of compliance with established standards;
g.) responsible to prepare for and manage accreditation on-site
assessments for re- accreditation;
h.) responsible to ensure that all department policies comply with the
VLEPSC Standards; and
i.) controls and maintains all the departmental documents on Sharepoint
and makes the appropriate changes as needed.

6. Business Application Specialist


The Business Application Specialist is a non-sworn employee who serves as the
Computer Software Administrator for the Department. The responsibilities of the
Business Application Specialist include but are not limited to:

a.) manages Enterprise Resource Planning (ERP) applications implementation


for the department, including testing, systems configuration, process
documentation, reporting and user training;
b.) oversees systems operations to ensure that the organization's processing
and reporting requirements are met;
c.) identifies issues through ongoing systems monitoring and the evaluation of
user requests and complaints;
d.) determines whether problems result from a configuration, programming, or
user error and corrects where possible. Refers to or consults with
programmers or systems analysts to resolve more complex issues;
e.) tests new applications and system updates. Identifies and reports on
potential processing problems or issues and refers to a programmer or a
systems analyst as appropriate. Tests and validates changes in processing,
configuration, and/or systems; and documents new procedures and trains
staff where required;
f.) proposes, evaluates and/or tests proposed configuration or related systems
changes. Effecting significant changes in configuration requiring detailed
knowledge of the organization's processing and reporting requirements,
ERP system operations, configuration paths, testing and reporting
procedures;

GO 340.00 – Organization of Department Commands 10


Rev: 04/04/2020
g.) develops training materials and trains users and new employees on
applying procedures and completing transactions. Documents
procedures for distribution to users; develops manuals and workbooks to
illustrate transactions by example and through step-by-step exercises; and
h.) keeps abreast of systems updates by attending conferences, through vender
training, and in consultation with IT professionals and consultants.

6. Sensitive Data Specialist

The Sensitive Data Specialist is responsible for collecting data by reviewing


police incidents and cases to determine whether an investigative detention was
conducted in accordance with Federal and state law and department policy. The
data is used to produce a monthly report detailing the Department's investigative
detention activity and to report conduct that is outside of law or policy. The
Sensitive Data Specialist reports directly to the Administration Division
Lieutenant. The responsibilities of the Sensitive Data Analyst include but are not
limited to:

a.) reviews temporary investigative detention reports;


b.) reviews case reports;
c.) reviews incidents reports;
d.) reviews body worn camera video to verify detention reports;
e.) makes referrals to appropriate division commanders for follow up
reporting;
f.) completes monthly report for the Chief of Police documenting all
temporary investigative detentions;
g.) collects and documents any other sensitive data that may be required
by the division Captain; and
h.) performs other duties as assigned.

7. SWAT (Special Weapons and Tactics) Team


The SWAT Team has a direct Commander appointed by the Chief of Police who
reports directly to the Chief of Police. All members of this unit receive
specialized and ongoing training. This Team is responsible for:

a.) dignitary protection details;


b.) high risk arrest and search warrant service;
c.) building searches that involve high risk, i.e. armed suspects;
d.) resolving incidents involving hostages, barricaded and
potentially armed suspects;
e.) marksman observers; and
f.) other circumstances as assigned by the SWAT Commander;
that require a technically skilled and trained team such as search and

GO 340.00 – Organization of Department Commands 11


Rev: 04/04/2020
rescue, planned arrests, riots, etc.

D. CRIMINAL INVESTIGATIONS DIVISION


The Criminal Investigations Division Commander reports directly to the Chief of
Police. The Criminal Investigations Division provides for the investigations of criminal
Cases and the collection and the preservation of evidence.

1. Investigations Bureau
The Investigations Bureau is responsible for the investigation of all assigned
criminal cases. The Bureau is divided into five specialized case sections. Those
sections include Major Case Section, Property Crimes Section, Special Victim’s
Section, Narcotics Section, and the Financial Crimes Section. The Investigations
Bureau responsibilities include but are not limited to:

a.) investigate major crimes which occur in the City of Charlottesville;


b.) cause to be collected, identified and preserved any necessary physical
evidence related to investigations;
c.) prepare cases and present them to the Commonwealth Attorney for
formal charging and prosecution of offenders;
d.) locate, identify, recover, and arrange for the return of recovered stolen
property to its rightful owner;
e.) assist other Divisions of the department with investigations; and
f.) share with other Divisions crime trends, crime alerts, and wanted and/or
dangerous offender information.

2. Forensic Unit
The Forensic Unit is a direct component of the Investigations Bureau. The
Department has sworn officers who are certified Evidence Technicians that are
staffed in various Divisions of the Department who are called upon to perform
evidence duties on an as needed basis. The Unit’s responsibilities consist of but
are not limited to:

a.) providing 24 hour availability of evidence technicians;


b.) respond to serious crime scenes and process the scene for physical
evidence;
c.) collect, preserve and identify evidence found;
d.) properly store all evidence;
e.) present evidence in court as required;
f.) supervise the reclassification of evidence to property; and
g.) maintain the departments fingerprint files.
3. Intelligence Analyst
The Intelligence Analysis position is a component of the Criminal Investigations
Division. This position is held by a non-sworn employee. The duties of the
Intelligence Analyst includes but is not limited to:

GO 340.00 – Organization of Department Commands 12


Rev: 04/04/2020
a.) utilizing a set of systematic, analytical processes directed at providing
timely and pertinent information relative to crime patterns and trend
correlations to assist operational and administrative personnel in planning
the deployment of resources for the prevention and suppression of
criminal activities; and
b.) aiding in the investigative process, apprehensions, and the clearance of
cases. The Intelligence Analysis supports a number of department
functions, including patrol deployment, special operations and tactical
units, investigations, planning and research, crime prevention and
management.

E. ADMINISTRATION DIVISION
The Administration Division Commander reports directly to the Chief of Police. The
Administration Division provides for the administration function of the department.
The Division is comprised of the following components:

1. The Budget Analyst


The Budget Analyst is a non-sworn employee who also serves as the
Administration Division Commander and is directly responsible for the
following:

a.) the departments financial planning;


b.) managing of the departments expense’s and capital budgets; and
c.) management of grants.
2. The Accounts Payable and Accounts Receivable Coordinator
The Accounts Payable and Accounts Receivable Coordinator is a non-sworn
employee who reports directly to the Budget Analyst and is responsible for the
following:

a.) managing and processing the departments bi-weekly payroll;


b.) managing of the departments credit cards;
c.) management and tracking of all accounts payable and receivable;
d.) monitoring of all budget expenditures in accordance with the city’s
policies and procedures; and
e.) providing a variety of administrative and support services related to the
efficient operation of the police department.

3. The Quartermaster Section


The Quartermaster Section is made up of 2 non-sworn positions who report
Directly to the Logistical Support Unit Supervisor. The Quartermaster
duties include but are not limited to the following:

GO 340.00 – Organization of Department Commands 13


Rev: 04/04/2020
a.) procurement management;
b.) managing the maintenance requirements of the department;
c.) issuance of department uniforms, uniform items, equipment and
supplies;
d.) storing and controlling department equipment and supplies;
e.) service, management and issuance of department cell phones; and
f.) other related duties as assigned.

G. INTERDIVISIONAL COMMAND
When personnel from two or more Bureaus, Units or Sections are involved in a joint
operation, the operation shall be under command of the Bureau, Unit or Section
which would normally have the responsibility. In cases where responsibility is not
clear the Chief of Police will assign the responsibility and command.

GO 340.00 – Organization of Department Commands 14


Rev: 04/04/2020
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 62-99


POLICE CHAPLAIN'S PROGRAM Date: July 29, 2019
VLEPSC Number: Non-Standard Manual Number: 340.15
Effective Date: July 29, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of the Charlottesville Police Department to provide citizens and
department employees with the support services of a police chaplain's program.
Accordingly, we are committed to the most efficient and appropriate application of this
program through strictly administering and governing its operations and procedures.
Chaplains serve many public safety and military organizations. Chaplains’ programs
embody the very nature of public service with the acknowledgment of an organization's
belief in a "greater good" and its dedication to "sacrifice and servant-hood" to others. In
the Charlottesville Police Department, the chaplain's program is a reflection of these
ideals and mirrors the "excellence in service" that Charlottesville Police Officers strive to
attain.
Most importantly, the Charlottesville Police Department is committed to providing a
highly effective and professional chaplain's program that is beneficial and respectful to
all people, regardless of any person's beliefs or religious orientation.

II. PURPOSE
A. This order defines those specific services that may be offered by our police chaplain's
program, establishes operational parameters for the program, sets guidelines for the
appointment of chaplains, and provides department regulations for the performance of
their duties and services.
B. The Charlottesville Police Department chaplain's program is designed to address
counseling/spiritual issues and needs of:
1. Department members and their families;
2. citizens at the scenes of incidents where:
a. Police are involved; and

GO 340.15 – Police Chaplain’s Program 1


Rev: 01/03/2017
b. a citizen requests or expresses a need for pastoral care or the services
of a minister.

III. PROCEDURE
A. Appointment and Qualifications
1. Department chaplains shall be appointed by, and are accountable to the Chief of
Police. The Chief may select a Chaplain’s Board to advise him and to oversee the
program.
2. Chaplain applicants are subject to a background investigation prior to
appointment.
3. Chaplains must be residents of our community.
4. Chaplains must be ordained or licensed ministers in good standing in a recognized
religious denomination or group.
5. Chaplains must be skilled in ministry and pastoral care; selection of chaplains will
be based on their experience in spiritual leadership or teaching.
6. Chaplains must demonstrate a commitment to ministering to police officers and
their families.
7. Chaplains must become familiar with and accept the policies and procedures of
the program.
8. Chaplains must possess a valid Virginia driver's license.
9. There is no designated number of chaplains who will be involved in this program.
10. The Chief of Police shall designate a senior chaplain.
a. They are responsible to inform the Chief of Police of community or
department needs for additional police chaplains.
b. They shall also assist with training and supervision of other police
chaplains.
c. The Chief of Police may, at their discretion, re-designate the position.
B. Equipment
1. All chaplains shall be issued:
a. One full "class A" or dress uniform;
b. one black windbreaker with "CHAPLAIN" displayed on the back; no
patches or badge,
c. one black winter jacket with "CHAPLAIN" displayed on the back; no
patches or badge,
d. one black, Gore-Tex, summer weight vest with "CHAPLAIN"
displayed on the back; no patches or badge;

GO 340.15 – Police Chaplain’s Program 2


Rev: 01/03/2017
e. one black, reversible rain coat with "CHAPLAIN" displayed on the
back; no patches or badge;
f. ballistic vest;
g. gloves (black and orange);
h. black baseball hat with "CHAPLAIN" printed on the front;
i. nylon pants belt;
j. police radio;
k. police radio charger;
l. nylon police radio holder (for belt);
m. mini-flashlight;
n. mini-flashlight charger;
o. mini-flashlight nylon holder (for a belt);
p. department pager;
q. nylon pager case (for belt);
r. rubber gloves;
s. a nylon rubber glove holder (for belt);
t. a soft-sided briefcase;
u. a pocket badge;
v. an ID card/wallet;
w. a formal "jacket" badge;
x. a removable, shirt pocket patch which displays "CHAPLAIN" with a
cross or other appropriate symbol; and
y. police department business cards.
2. Chaplains are authorized to carry their ID and badge at all times for identification
purposes; the badge shall not be used to enforce laws, administer police duties, or
authorize/permit use or possession of weapons.
3. Chaplains will be assigned a number for on-air identification.
4. Chaplains may wear the formal "jacket" badge on the breast pocket of a suit coat
when the "class A" or dress uniform is not being worn.
5. The "class A" or dress uniform may be worn, at the chaplain's discretion, to
department events or at public appearances.
a. Chaplains will be provided with and instructed in the department's
uniform display policy.

GO 340.15 – Police Chaplain’s Program 3


Rev: 01/03/2017
b. When wearing the uniform, exceptions to this policy are granted to
chaplains in the display of weapons and adherence to departmental
grooming requirements.
c. When responding to scenes and accompanying officers on calls for
service, chaplains are encouraged to wear their ballistic vest and utilize
their issued equipment. The nylon belt can be worn equipped with gloves,
a radio, a mini-flashlight, and a pager. The belt can be quickly removed
and secured in a patrol vehicle when the absence of police equipment or
identification is beneficial to the chaplain's effectiveness or performance.
C. Operational Guidelines for Chaplains
1. Behavioral Standards
a. Police chaplains will operate with an absolute privilege of privacy and
confidentiality in their interactions with department members and citizens.
Police supervisors, city administrators, media representatives, and the
general public shall not request or discuss information from these
interactions.
b. Police chaplains shall not release any other police-related information
to the news media, insurance agencies, or attorneys regarding cases in
which they are involved. If approached by any third party for information,
chaplains shall refer them to the Shift Commander and notify supervision
of the contact.
c. At the scene of any conflict or emergency, the Chaplain will comply
with direct instructions of Charlottesville police officers in matters
pertaining to police procedure and safety. It is important that chaplains
retain flexibility and autonomy in many situations however, even those
involving high levels of danger and crisis. Police Officers shall therefore
use considerable discretion and only make direct commands or requests of
chaplains in instances where there are clear safety risks or the department
policy conflicts. In the event that a chaplain's operational needs are in
conflict with an officer’s orders or opinions, the chaplain shall
immediately contact the Shift Commander for review of the situation.
d. Police chaplains shall not publicly criticize department policies or the
actions of any law enforcement officer, department member, or fellow
chaplain. Complaints, grievances, or criticisms from chaplains shall be
personally and immediately directed to the Chief of Police or the
Chaplains’ Oversight Board.
e. Police Chaplains are strongly encouraged to attend briefings and to
ride once a week with patrol units in order to keep in touch with the
pressures and problems confronting officers on patrol.
i. Chaplains must notify the Patrol Shift Commander and make
arrangements with them for such an assignment.

GO 340.15 – Police Chaplain’s Program 4


Rev: 01/03/2017
ii. The Patrol Shift Commander shall attempt to rotate chaplains
with assigned officers.
iii. The Commander shall make all reasonable arrangements to
pickup and return the requesting chaplain for the ride-along. All
possible efforts should be made to afford convenience to the
chaplain and encourage this program.
iv. Chaplains shall keep a log of their ride-alongs and report
regularly to the Chief the hours spent in the field, the times of the
ride-alongs, and the names of the officers with whom the Chaplain
rides.
2. Utilization
a. The police chaplain can be an extremely beneficial tool in critical
incident response, management, and debriefing. A chaplain should be
notified of all "critical incidents" in the department.
b. A roster of active police chaplains and this list of "notification
scenarios" will be posted in the shift supervisor's office and in the
Emergency Communications Center (ECC).
c. The shift supervisor(s) should notify a department chaplain of the
following "notification scenarios":
i. Hostage situations, including vehicular and barricaded
suspects;
ii. injury or hospitalization of any department members;
iii. deployment of the SWAT team. Factors to effect this
notification would include:

(a) Perceived hostage or "standoff" scenarios where a chaplain


may be utilized;

(b) perceived presence of family or children who may need


support subsequent to SWAT activity; and

(c) perceived risk of deadly force.

iv. assignment of death notification to patrol officers or


supervisors;
v. death or serious illness of an officer's family member;
vi. use of Force involving serious bodily injury to an officer or
a suspect;
vii. motor vehicle accidents involving fatalities;
viii. suicides;

GO 340.15 – Police Chaplain’s Program 5


Rev: 01/03/2017
ix. department vehicular accidents involving injury to any
party;
x. incarceration of a department member;
xi. administrative suspension of a department member;
xii. line-of-duty deaths of any Virginia police officer;
xiii. incidents involving community religious leaders;
xiv. graduations from the police academy;
xv. orientation of new police officers;
xvi. retirement of department members;
xvii. resignation of department members;
xviii. promotion of department members;
xix. presentation of meritorious awards to department members;
and
xx. officers at the scene should be consulted before notification
is made.
d. Police chaplains should be utilized in assisting police personnel with
situations such as:
i. Critical situations where, based upon situational
information, the officer believes the presence of an ordained
minister may provide a positive influence;
ii. fraudulent investigations or incidents involving religious
fraud or misconduct of religious officials;
iii. personal situations for department members in the areas of
stress management, substance abuse, family member crises,
divorce, etc.;
iv. special occasions and ceremonial functions such as recruit
graduations, officer retirements, award ceremonies, dedication of
buildings, etc.
v. review boards or other committees;
vi. matters of a religious nature involving the police
department in general and actual performance of law enforcement
duties in the community; (With matters such as these, chaplains
will serve as advisors to the Chief of Police and the command
staff.)
vii. matters pertaining to the moral, spiritual, and religious
welfare of police personnel in liaison with local ministerial
organizations; and

GO 340.15 – Police Chaplain’s Program 6


Rev: 01/03/2017
viii. planned, scheduled training to police personnel. Training
may include orientation as a new employee, academy training, roll
call training, spouse orientation, etc.
D. Training
1. All police chaplains will receive an initial orientation at the Police Department.
The senior chaplain will conduct training classes with assistance from the training
coordinator. The following topics will be discussed:
a. Duties and responsibilities;
b. police procedures;
c. practices relevant to chaplain functions;
d. department organization;
e. police stress; and
f. community resources, etc.
2. To provide maximum exposure to the many aspects and positions in the
department, chaplains will also complete an initial eight-hour field orientation.
During this period, the Shift Commanders will ensure that chaplains are rotated
among several different patrol units and through the emergency communications
center. Prior to the field orientation, a summary of the requirements and a
compliance sheet will be forwarded to the shift commanders by the training
coordinator. Once the field orientation has been completed, the completed sheet
will be forwarded to the training coordinator and the accreditation office.
3. Through the approval of the Chief of Police, chaplains may be trained in certain
areas of law enforcement expertise to better serve the police department and the
community. This training is not meant to supplant department personnel with
responsibilities in these areas. The training should however make chaplains more
available to provide resources in situations that require at least an exposure to
advanced tactics and training. Some areas of additional training include:
a. Basic Hostage negotiation;
b. critical Incident response and debriefing;
c. a basic introduction to SWAT teams and their usage;
d. basic defensive tactics; and
e. blood-borne pathogens.
4. The department shall pay for all chaplains' yearly membership dues in the
International Conference of Police Chaplains (ICPC).
5. In addition to ICPC conferences and events, chaplains are strongly encouraged to
attend all local, regional, and state chaplains' training classes or seminars.
a. The training coordinator shall immediately notify the senior chaplain
of all training opportunities that are sent to their office.

GO 340.15 – Police Chaplain’s Program 7


Rev: 01/03/2017
b. The senior chaplain shall forward a training request to the training
coordinator for attendance of any training function.
E. Reporting
1. Chaplains shall keep a continuous log of each ride-along, recording the starting
time, the duration of the ride, and the name of the officer with whom the Chaplain
rides.
2. Chaplains shall keep a log of hours spent visiting in the Police Department
3. Chaplains shall keep a log of hours spent counseling police officers.
4. Chaplains shall keep a log of hours spent teaching in any in-service event or at the
academy.
5. Chaplains shall keep a log of hours-spent serving in any ceremonial capacity.
6. Chaplains shall prepare a brief memo to the Chief of Police whenever they are
called upon for assistance by the department. The memo shall summarize the
incident and note all background information, applicable case numbers, actions,
suspects, and officers.
7. Information kept in these various logs will accompany the regular reporting
process to the Chief or the Chaplain’s Oversight Board.
8. Chaplains must submit documentation of all training received to the training
coordinator.
F. Removal from the Program
1. Failure to abide by established policies or procedures, failure to practice good
professional ethics, failure to honor an officer's authority or violation of any
member's privacy may result in removal from the program.
2. The senior chaplain shall continually review the progress and performance of all
department chaplains. At any time, they may recommend termination or
suspension of a police chaplain to the Chief of Police.
3. The Chief of Police may terminate a participant in this program at their discretion
at any time.

GO 340.15 – Police Chaplain’s Program 8


Rev: 01/03/2017
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 115-00


PLANNING AND RESEARCH Date: July 29, 2019
VLEPSC Number: ADM.10.01 Manual Number: 341.11
Effective Date: July 29, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
The Charlottesville Police Department conducts a variety of planning activities in areas
such as crime analysis, information systems, budgeting, manpower allocation, grant
management, community demographics, and patrol operations. The department's staff
officers under the direction of the Chief of Police are responsible for these planning
activities and procedures.

II. PURPOSE
The purpose of this directive is to explain how the department's planning and research
functions are performed, to whom each of these functions and responsibilities are
assigned, and ultimately, how the planning and research managerial structures and
relationships interact.

III. PROCEDURE
A. General overview
Planning and research activities are essential to effectively managing the
Charlottesville Police Department. Increasing demands for law enforcement services
and cost-effective management require that all operations are carefully researched and
future programs are adequately planned.
B. Planning and research functions are performed under the direct supervision of the
Chief of Police and include, but are not limited to, the following types of activities:
1. Long-range (5-year) planning is assigned to the Office of the Chief of Police.
Additionally, the Chief will routinely conduct multi-year planning with the
supervisory, command staff. This planning should include, but is not limited to,
Department needs in the areas such as budget, equipment, manpower, training,
community relations, and crime suppression strategies.
2. Operation planning is conducted by the Chief of Police, and Division
Commanders. In addition to operational plans for events and activities, they

341.11 – Planning & Research 1


Rev: 07/30/2019
develop and maintain standard operational procedures, design preventative patrol
activities, and publish policies and procedures known as General Orders. These
orders are reviewed as scheduled for the purposes of deletion and revision.
3. The development of manpower allocation alternatives is a function of the Chief of
Police, and the Division Commanders.
4. The Support Operations Division Commander will analyze traffic accidents and
enforcement patterns. The Traffic Unit supervisor will provide any applicable
data to the Commander for this planning study.
5. Budgeting is a responsibility of the Chief of Police, coordinated by the Budget
Analyst and developed with input from the staff.
6. The gathering of Incident Based Reporting statistical information for
departmental purposes is a function of the Support Operations Division
Commander.
7. Systems analysis is a function shared by the Chief of Police and the Support
Operations Division Commander. They will periodically review the Department’s
information management systems and attempt to introduce state-of-the-art law
enforcement application systems whenever possible.
8. All supervisory staff will conduct "contingency planning" for their individual
command operations. This planning should cover issues such as command
substitution, crisis management, and system failure.
9. The Budget Analyst is responsible for coordinating the department's efforts to
obtain monetary and property grants. The Chief of Police may also assign
members of any department component to tasks related to grant acquisition,
research, and management.
C. All Division, Bureau and Unit Commanders will perform planning and research
activities as part of their normal staff duties. All planning and research reports will be
made directly to the Chief of Police.
D. The Division Commanders will analyze field operation activities to ensure adequate
resources are being applied and enforcement measures are being taken. The analysis
of field operations shall include the collection of "calls for service" data from the
Computer-Aided Dispatch (CAD) system and the Departments Records Management
System. The extracted data should include, but not be limited to, the following:
1. Time of day;
2. day of the week;
3. month;
4. year;
5. shift;
6. district; and
7. neighborhood (e.g. tract or beat).

341.11 – Planning & Research 2


Rev: 07/30/2019
E. The Support Operations Division Commander will produce statistical reports of
patrol, investigative, and special operations activities. These reports shall be
forwarded to the shift commanders and the Investigations Bureau commander.
F. The Chief of Police will ensure the department's goals and objectives for its
operations are well planned and documented in order to provide for adequate
staffing/operational funding for future years. Multi-year consideration shall include:
1. Anticipated workload and population trends;
2. anticipated personnel levels; and
3. anticipated capital improvements and equipment needs.

341.11 – Planning & Research 3


Rev: 07/30/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-11


Subject: Credit Card Usage and Cash Reimbursement Date: December 09, 2019
VLEPSC Number: Manual Number: 344.00
Effective Date: 12/09/2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of the Charlottesville Police Department to manage department credit card
usage and employee cash reimbursement in a responsible manner and in compliance with
all city policies and applicable laws. The use of these credit cards and reimbursable cash
purchases are only for official city expenses that meet a public purpose.
II. PURPOSE
The purpose of this order is to establish procedures for employee use of City of
Charlottesville credit cards, tracking various expenditures and reimbursement of
employee’s cash expenditure for approved expenses.
III. DEFINITIONS
A. Credit card- various City of Charlottesville credit cards issued to departments.
B. Cash expenditure- cash, personal check, or personal credit card usage by department
member for official business.
IV. PROCEDURE
A. General Conditions for Credit Card Usage:
1. Credit cards may not be used without expressed advanced permission of a
supervisor unless assigned to the employee.
2. The single purchase limit set by the department is $2,500. Purchases cannot
be divided into multiple purchases to overcome this limitation.
3. Except in an emergency situation, no purchase over $500 should be made
without Budget approval.
4. Credit card and purchase limits are established based on need and with
appropriate approvals from the Division Commander and Chief.
5. Cash advances through cash-back, bank tellers, automated teller machines,
etc. are strictly prohibited.

General Order 344.00


Revised 12/09/2019
1
6. Itemized and signed receipts must be collected and submitted for all
purchases, whether in person, or via internet or telephone.
a. The Purchaser shall clearly print their name on all credit card receipts
and print the business purpose for the purchase on each credit card receipt.
b. In the event a receipt is lost or missing the employee must contact the
merchant to obtain a copy of the receipt.
1) If the employee is unable to obtain a copy of the receipt, the
employee must submit a Credit Card Lost Receipt Report, Form CPD
007 (located in Department Forms on Sharepoint) with an explanation
of the charge and reason the receipt is missing.
7. The City of Charlottesville is Federally and State Tax Exempt and employees
are responsible for ensuring taxes are not automatically applied to purchases with
a few exceptions:
a. The cardholder may have to pay taxes for out of state transactions,
meals, lodging and entertainment taxes, and excise taxes (i.e. tires, fuel,
firearms, etc.).
b. If sales tax charged is incurred and was avoidable, it is the
responsibility of the cardholder to obtain a credit from the vendor or issue
a reimbursement to the City.
8. Gasoline or fuel products are not allowed to be purchased for personal
vehicles.
9. Meal purchases for trainings and travels are limited to $35 per day, unless
adjusted in advance using the General Services Agency (GSA) publication on per
diem rates for government employees.
a. The acceptable gratuity is 15% with an allowable maximum of 20%.
b. All per diem rates include gratuity.
NOTE: When making meal purchases with certain merchants the cardholder may
be required to collect and return both copies of the receipts; the one with the
signature and tip and the one with itemization.
10. For department-wide, division or program specific meetings, meal receipts
shall include the business propose and list of attendees on all meal receipts.
11. Alcohol may not be purchased with a city credit card or any other city funds.
12. Credit card receipts are due to Fiscal staff by the close of business every
Friday.
13. The City Credit Card Use Policy 200-08 also governs the use of the credit
cards.
B. Procedure for Non-Assigned Credit Card Use:
1. To obtain a credit card for use an employee must utilize a department
Purchase Requisition Form (located in Department Forms on Sharepoint).

General Order 344.00


Revised 12/09/2019
2
2. A supervisor must review the requested purchase considering the particular
need, budgetary impact and overall operational needs before signing off on
request.
3. Once approved and signed by a supervisor the employee is to take the form to
the appropriate staff identified below:
a. Credit cards for training purposes are issued by Fiscal staff upon
confirmation of receipt of an approved training request.
b. Credit cards for all other purposes may be issued by the administrative
division commander or designee.
4. Employees may then utilize the credit card for the approved purchases per
Section IV.A of this policy.
5. Employees must complete a Credit Card Use Report attaching all itemized
receipts in chronological order to the said report.
a. If the credit card is to be used for several days it is recommended this
be done several times a day, or at the end of each day.
6. Employee is then to return the credit card, receipts and report to a supervisor
for review and approval the next business after return to city.
7. The employee will then promptly return the credit card, report and receipts to
the issuing Fiscal staff and not more than 24 hours after receipt of supervisor
approval.
C. Procedure for Meal Credit Cards for Academy Students
The Charlottesville Police Department may provide each employee who resides at
CSCJTA while assigned to attend basic training a city credit card to be used for the
purchase of breakfast, lunch and dinner. CPD may provide each employee who
commutes daily to CSCJTA while assigned to attend basic training a city credit card to be
used for the purchase of lunch only. All purchases are restricted to a fifteen mile radius
of CSCJTA. Employee utilization of the assigned credit card must comply with Section
IV.A of this policy in addition to the following:
1. For employees residing at CSCJTA, the use of the credit card is authorized based
on a four-day a week, ten-hour day class schedule. This amount may be increased
when training temporarily extends to five days per week. As detailed in the
schedule below, the first working day of the week excludes breakfast and the last
working day of the week excludes dinner.
a. Day 1: Lunch ($14) and Dinner ($16) only ($30/day max)
b. Day 2: Breakfast, Lunch and Dinner ($35/day max)
c. Day 3: Breakfast, Lunch and Dinner ($35/day max)
d. Day 4: Breakfast ($5) and Lunch ($14) only ($20/day max)
2. For employees commuting daily to CSCJTA, the use of the credit card is
authorized for a four-day a week, ten-hour day class schedule and is for the
purchase of lunch only. This amount may be increased when training temporarily
General Order 344.00
Revised 12/09/2019
3
extends to five days per week. The daily lunch per diem is $14 and is inclusive of
the cost of meals tax and tip.
3. Credit cards are only to be used during days that training is scheduled. Use of
credit cards on non-training days (weekends, holidays, etc.) is prohibited.
4. Only food items may be purchased with the card.
5. The officer may not purchase food for any other person, including family
members, with the credit card.
6. Failure to comply with the department or City’s credit card policies may result in
the loss of the use of the card and any meal provisions as well as disciplinary
action.
D. Use of Personal Funds or Vehicle for Work Related Causes:
1. Employees are highly discouraged from using personal funds for any work
related expenses and should only do so with prior approval or in exigent
circumstances.
2. In the event an employee does expend personal funds they should seek
reimbursement as soon as possible and not more than 48 business hours after
expenditure.
3. Employees shall complete an expense reimbursement form, attach the receipt
and submit the documentation through the appropriate chain of command for
approval.
4. The use of an employee’s personal vehicle is discouraged and must be
approved in advanced by a commander.
a. To obtain reimbursement for the approved mileage, the employee shall
complete an expense reimbursement form and route through the
appropriate chain of command for approval. Mileage reimbursements are
processed at the City's approved reimbursement rate.
E. Credit Card Disputes with Retail Providers:
1. If items purchased with the credit card are found defective or the repair or services
faulty, the assigned credit cardholder has the responsibility to ensure the item is
returned to the merchant for replacement or to receive a credit on the purchase.
2. Cash refunds will not be permitted. The card must be credited and a copy of
the credit receipt must be submitted to Fiscal staff.
3. If the merchant refuses to replace or correct the faulty item, then the purchase of
this item will be considered to be in dispute.
a. Disputed charges must be reported within 60 days to Fiscal staff in
accordance with credit card issuer’s instructions.
b. The Department of Finance may be contacted for the necessary
information as required by the credit card issuer to properly dispute
charges.
F. Review and Approval of Purchases:
General Order 344.00
Revised 12/09/2019
4
1. All credit card transactions are to be reviewed/audited by Fiscal staff for
compliance with the department’s Credit Card Usage Policy 344.00 and the
City’s Credit Card Usage policy.
a. If any purchases are improper, whether by the item, over per diem
rates, excessive tipping, etc., the employee will be provided written
notification outlining the corrective action required.
b. In the event the explanation does not warrant the charge the employees
will reimburse the city by cash, check or money order within 48 hours
of notice.
2. Upon completion of the review/audit, Fiscal staff will who will promptly
process the credit card charges in SAP, obtain the appropriate Division
signatures and forward each credit card packet to Finance by the given
deadline to avoid any bank imposed late fees.

H. Lost or Stolen Credit Cards


1. Should any cardholder lose or have the credit card in their possession stolen, it is
the responsibility of that cardholder to immediately notify Fiscal staff for follow
up with the Finance Office.
I. Violations
1. Violations of City or Police Department credit card policy may result in
reimbursement of charges outside of established guidelines and may result in
the department member being subject to disciplinary action and/or criminal
prosecution.

General Order 344.00


Revised 12/09/2019
5
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 116-00


RECEIPT AND DISBURSEMENT OF CASH Date: August 1, 2019, 2019
VLEPSC Number: ADM.15.03 Manual Number: 344.05
Effective Date: August 1, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to accept appropriate fee
payments from private citizens or businesses, to maintain control over the disbursement
of Investigative Fund monies used by the members of the agency, ensure that all
dispersed investigative funds are used for authorized purposes and to reimburse members
of the Department for approved out-of-pocket incurred expense.
II. PURPOSE
The purpose of this policy is to establish a documentation procedure for the handling of
fee payments to the Department, describe accounting procedures for the control of
Department Investigative funds, designate who may receive or disburse cash or debit
appropriate funds in the Department and establish an appropriate cash documentation
procedure to address the City of Charlottesville’s accounting procedures.
III. DEFINITIONS
Investigative Fund - Monies appropriated to be spent in connection with the confidential
aspects of criminal investigations.
Fund Custodial - Member(s) of the Department authorized to receive or dispense cash
receipts from an established cash fund, e.g. petty cash, Investigative Fund, etc.
IV. PROCEDURE
A. Only employee positions listed herein may receive or disburse cash, or debit
appropriated fund accounts. Documentation will be issued for each transaction, using
the City of Charlottesville’s record keeping and receipt procedure that includes, but is
not limited to a ledger that identifies initial balance, credits (cash income received),
debits (cash disbursed), and the balance on hand. In addition, the ledger shall reflect
a quarterly accounting of cash activities on a fiscal year basis beginning in the month
of July.

GO 344.05 – Dept. Receipt and Disbursement of Cash 1


Rev: 08/01/2019
B. Authorization of Funds
The Chief of Police, Field Operations Division Commander, Support Operations
Division Commander, and Criminal Investigations Division Commander may
authorize Department cash disbursements according to City of Charlottesville
policy and are listed in the City of Charlottesville’s Payment Authorization File.
C. Cash Disbursements
The Criminal Investigations Division Commander or their designee are authorized
and shall be held strictly accountable for the proper disbursement of cash funds for
legitimate Department purposes. All disbursement of funds shall be in accordance
with City of Charlottesville and Department procedures.

D. Fund accounting
1. The designated fund custodian shall make all withdrawals from the Fund and
shall be accompanied by a signed and dated invoice.
2. The Fund Custodian shall maintain a written ledger documenting the issuance
and/or return of money as well as the quarterly audits. Quarterly audits of the
funds are required and may be done by the Fund Custodian or an independent
source.
3. Persons authorized to receive or disburse cash funds in this directive are
subjected to an independent semi-annual audit during the months of June and
December by the City’s Finance Department. However, staff review of funds
may be conducted at any time on an unannounced basis.

E. Overview of the City of Charlottesville Accounting of Department’s Cash Activities


1. The City of Charlottesville maintains an integrated financial reporting system.
A detailed chart of accounts is available in the Finance Department.
2. Receipts are prepared and maintained in the Treasurer’s office for all monies
received. Cash is posted on a daily basis to the City’s general ledger. When cash
(other than evidence or non-evidentiary property) is initially received by a
member of the Police Department, a cash receipt form shall be prepared to
accompany the money, which shall be turned over to the City Treasurer.
3. All City of Charlottesville Departments establish a list of authorized
signatures for expenditures, as well as a dollar limit.
4. Appropriate documentation (e.g. receipts, invoices, etc.) are required for all
requests for payment. These are initiated by the appropriate city department and
forwarded to the Finance Department for auditing and processing. All requests
for funds are maintained on file in Finance and are subject to review during the
City’s annual audit.

GO 344.05 – Dept. Receipt and Disbursement of Cash 2


Rev: 08/01/2019
5. The City Treasurer and the Director of Finance jointly sign all checks to
disburse funds. The City Treasurer is authorized to collect and be custodian of all
City funds.
6. Financial Reports are available in SAP to each City department or agency,
which details their budget, expenditures to date, unexpended balances and any
revenues.
7. State law requires an annual, independent audit of all of the funds and account
groups of the City. This audit is performed by an outside CPA firm, which is
hired through bidding/procurement process every 3-5 years.

GO 344.05 – Dept. Receipt and Disbursement of Cash 3


Rev: 08/01/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 57-99


SELECTION AND HIRING Date: May 26, 2020
VLEPSC Number: PER.01.01, PER.01.02, PER.01.03.
Manual Number: 400.40
PER.01.04, PER.01.05, PER.03.05
Effective Date: 05/26/2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to be in full compliance with city,
state, and federal laws, which mandates equal opportunity and forbids discrimination in the
selection and hiring process, and to select and hire the most highly qualified sworn and
non-sworn employees possible.
II. PURPOSE
The purpose of this general order is to assign hiring and vetting responsibilities and apply
the best practices in the selection and hiring of the most qualified employees for the City
of Charlottesville Police Department. Placing emphasis on selecting the most qualified
applicants should yield lower rates of personnel turnover, fewer disciplinary problems,
higher morale, better community relations and more effective services to the community.
III. DEFINITIONS
A. Family member: for the purpose of this policy a family member is defined a spouse,
child, spouse's child, child-in-law, brother, sister, mother, father, grandparents,
grandchild, step-brother, step-sister, step-parents, parents-in-law, brother-in-law,
sister-in-law, aunt, uncle, niece, nephew, guardian, ward, or god-son or daughter.
B. Experimental: means infrequent use of a drug to satisfy a curiosity about its effects. It
also means the infrequent recreational use of a drug, or the infrequent use of
prescription drugs not prescribed to the individual but for the purpose consistent with
the drugs intended use.
C. Non-experimental: involves the use of a drug with sufficient frequency that it
constitutes habitual use or drug dependency.
IV. PROCEDURE
A. Procedures for Selection of Qualified Sworn Personnel
1. The Hiring Bureau shall coordinate and manage police department responsibilities
for employment of all personnel related to the hiring process. The Hiring Bureau shall
ensure that the Department is in compliance with city, state, and federal laws

GO 400.40 – Selection and Hiring 1


Revised: 05/26/2020
mandating equal opportunity and forbidding discrimination in the selection and
hiring process.
2. The qualifications for selection of sworn positions shall meet or exceed the
minimum state qualifications that are set forth in 15.2-1705, Code of Virginia.
3. Individuals who wish to be considered for employment as a police officer shall
meet the following minimum qualifications:
a. Police Officer candidates must be a United States citizen, or a permanent
resident alien who, in accordance with the requirements of the U.S. Citizenship
and Immigration Services (USCIS), is eligible and has applied for citizenship.
Each non-citizen is required to prove that USCIS accepted their application for
citizenship prior to the date the Police Officer written test was taken;
i. an Application for Waiver of Minimum Qualifications must be obtained
and approved by the Department of Criminal Justice Services (DCJS).

b. be at least 20 years of age to apply and 21 years of age by police academy


graduation;

c. have a high school diploma or have passed the General Educational


Development exam;

d. possess or be able to obtain a Virginia Driver’s license by date of


employment;

e. must not have been convicted of driving under the influence (DUI) within the
past three (3) years;

f. must reside in Virginia prior to the completion of the training academy or before
being sworn as a police officer; and

g. successfully complete all pre-employment examinations, tests, and a


background investigation to include:

i. submit a fully completed and honestly reported Personal History


Statement (PHS);
ii. pass a written police officer selection test;

iii. pass the physical agility fitness test;

iv. undergo and pass an in-depth background investigation, which includes


a fingerprint-based criminal history records inquiry into both the Central
Criminal Records Exchange and the Federal Bureau of Investigation;

v. pass the pre-employment polygraph examination;

GO 400.40 – Selection and Hiring 2


Revised: 05/26/2020
vi. pass a psychological screening test and interview;

vii. pass a medical examination to meet police officer standards


administered by a licensed physician contracted by the City of
Charlottesville; and

viii. pass the pre-employment drug screening test.

4. The following will be considered as automatic disqualifiers for individuals


seeking employment as a police officer:

a. Criminal Activity
i. been convicted of a felony or domestic violence;
ii. been convicted of a crime of moral turpitude, such as lying under
oath or falsifying any official documents;
iii. been convicted of any crime, which carries a penalty of prohibiting
the ownership, possession, or control of a firearm;
iv. misdemeanor conviction of any crime involving sex offenses
and/or required to be registered on the Sex Offender Registry at
any age;
v. currently a member of, or in the past been associated with, or
supported in any fashion, any criminal gang, extremist-racist or
Anti-Semitic group, or any group that has stated a desire to
overthrow the United States Government; and/or
vi. under criminal investigation or have criminal charges pending.

b. Drug Use (To include Sworn and Non-Sworn Personnel)


i. pattern of illegal use or misuse of prescription
medication in three (3) years;

ii. illegal use of marijuana or derivative within one (1) year or less from
the date of written application;

iii. illegal use of club drugs, such as, but not limited to: Ketamine, GHB,
Rohypnol, or MDMA (ecstasy) with three (3) years or less from the date
of written application;

iv. illegal use of steroids within three (3) years or less from the date of
written applications;

GO 400.40 – Selection and Hiring 3


Revised: 05/26/2020
v. illegal use of aerosols, sometimes referred to as huffing (paint) or
whippits (nitrous oxide) or used Khat within three (3) years prior to date
of written application;

vi. illegal use of psilocybin (magic mushrooms) or mescaline (peyote),


within three (3) year or less from the date of written application;

viiii. any experimental use of any Schedule I, II, III, or IV drug within the
last five (5) years not covered above.

5. The following will be considered as lifetime applicant disqualifiers for Police


Recruit:

a. two (2) or more Criminal Traffic DUI convictions in Virginia or


similar offense in another state in an applicant’s lifetime;

b. illicit use or possession of any controlled or dangerous substance after


being employed in any criminal justice or law enforcement capacity;

c. as an adult: dealing, manufacturing, cultivation, supplying,


transporting, distributing, or selling any controlled, illegal or dangerous
substance other than marijuana.

*Exceptions for dealing marijuana will be evaluated on a case-by-case basis.


Factors to be considered include the applicant’s age, lapse of time since the
last incident, and other mitigating factors.

6. A candidates driving record will be reviewed and the following will be


considered as disqualifiers for Police Recruit:

a. any criminal traffic DUI or hit & run conviction in Virginia or similar
offense in another state within three (3) years;

b. suspension or revocation of driver’s license for criminal traffic


offenses within three (3) years;

c. an attempt to elude conviction when the candidate is over 21 years of


age; and/or

d. three (3) or more of one or any combination of the following traffic


violations within twelve (12) months of the application:

i. speeding 15 mph or more above posted speed limit;

GO 400.40 – Selection and Hiring 4


Revised: 05/26/2020
ii. reckless driving.

7. If the candidate served in any capacity of military service the following


will be considered disqualifiers for Police Recruit:

a. receiving a dishonorable discharge;

b. recieveing an undesireable discharge; or

c. a bad conduct discharge.

i. other discharges will be assessed on a case-by-case basis.

8. A review of the candidates financial records and credit history will be


conducted. The following will be considered disqualifiers for Police Recruit:

a. failure to pay income tax, child support, property taxes;

b. convicted or been involved in illegal financial practices such as


embezzlement, employee theft, check fraud, income tax evasion, expense
account fraud, filing deceptive loan statements, and any other intentional
financial breaches of trust.

*Credit history will be evaluated on a case by case basis. Factors to be


considered include employment history and applicant’s commitment to
resolve unpaid financial obligations.

9. The following miscellaneous situations will be considered as disqualifiers for


Police Recruit:

a. any previous revocation or denial of certification as Police Officer or a


suspension of current certified status that will render them disqualified;

b. any body art, tattoo, or other modification (such as branding or gauges)


that falls outside of department policy, and is considered offensive.

B. Procedures for Hiring Sworn Personnel

1. Obtain permission from city government to fill a vacancy.


2. Post public announcement of open position(s).
3. Open an application process with a specified closing deadline.
4. The Hiring Bureau will review application packets to ensure applicants meet

GO 400.40 – Selection and Hiring 5


Revised: 05/26/2020
the minimum qualifications and notify the selected individuals they have
advanced to the Testing and Orientation Process portion (TOP).
5. The criteria used to distinguish favorable candidates will include any
combination of the following:

a. any college degree is favorable, a Bachelor’s is preferable;


b. any military service with an honorable discharge;
c. any police certification, Virginia is preferable;
d. any fluency in languages other than English, Spanish is preferable; and
e. any other criteria deemed appropriate.

6. The “TOP” applicants will be provided a hiring packet consisting of a


personal history statement, an authorization of release of personal information,
a medical waiver for the physical agility test, an applicant release waiver for the
physical agility test, and a list of disqualifiers and other associated forms with
a requested return date.

C. Procedures for selected candidates in the Testing and Orientation Process (TOP)
will consist of the following:

1. A review of candidates Personal History Statement for completeness;


2. Completing a validated police officer selection test; and
3. Completing the fitness and agility test.
4. The TOP will be administered by the Hiring Bureau using volunteer Department
members to provide an opportunity for a diversified applicant review process.
5. Applicants who do not pass any of the above phases are notified they cannot
move forward in the process and may reapply in the next process.

6. Applicants who pass the above phases will be advanced in the hiring process
by the Hiring Bureau to undergo a criminal history and driver’s history review.

7. The Hiring Bureau may use volunteer Department members to provide for a
diversified review of candidates in selecting candidates to move forward in the
process to the formal panel interview.

a. The Interview Panel Board may consist of the following:


i. Field Operations Division Commander or designee;
ii. One Department Uniform Patrol Commander;
iii. One Department Uniform Patrol Supervisor;
iv. One Sworn Police Officer; and

GO 400.40 – Selection and Hiring 6


Revised: 05/26/2020
v. One Civilian.
8. Once the interview process is complete, the Hiring Bureau will utilize the
scoring results of the panel interviews, preliminary background information,
and written tests results to determine candidates who will be selected to proceed
into a background investigation.

9. A photograph and name of each candidate will be distributed by the Hiring


Bureau to department members for the sole purpose to obtain any information
officers may know of candidates.

10. Candidates selected to move into the background investigation phase will be
given ride-along forms and encouraged to ride-along with the Police Officers
to observe police work closely to gauge their desire further.

11. The Hiring Bureau will then begin the initial background investigation by
assigning a background investigator. The background investigation will
consist of the following:

a. a one-on-one interview with the applicant to follow up on the candidates


submitted Personal History Statement.

i. The investigator shall make a copy of the Personal History Statement


for note taking purposes;

ii. The original copy of the Personal History Statement shall not be
marked or altered under any circumstances.

b. requesting and reviewing of letters of reference from past and present:


i. employers;
ii. associates/friends; and
iii. landlords.
c. conducting wanted checks;
d. conducting criminal history checks;
e. conducting public database searches;
f. conducting tax record checks;
g. conducting neighborhood visitation to include interviewing of neighbors;
h. conducting open social media checks;
i. conducting other related interviews of individuals discovered during the
investigation who may have knowledge of the candidate.

12. If during the background investigation any ethical or moral situations


surface that call into the question the candidates ability to hold the public’s

GO 400.40 – Selection and Hiring 7


Revised: 05/26/2020
trust and respect to carry out the duties of an officer may likely disqualify the
candidate. Examples include, but are not limited to anger issues, alcoholism,
neglect or abuse of animals, etc.

13. At any point if a candidate is disqualified, the background will be


stopped and the candidate will be notified and their file will be retained.

14. At the end of the background investigation, all successful candidates will have
a summary memo written by the back ground investigator that conatins a brief
overview of the candidate that includes:

a. personal information (family, education);


b. residence history;
c. employment history;
d. driving history;
e. criminal & civil history;
f. credit history;
g. areas of concern; and
h. a conclusion.

D. Procedures for hiring order of candidates for Police Recruit.


1. The Executive Command Staff will utilize the scoring process of the panel
interviews, combined with the results of the background investigation
presented by the investigator or Hiring Bureau designee; and any other criteria
deemed appropriate, to list in numerical order the priority of the candidates to
be hired.

a. This listing will be noted on the exterior of the personnel file and
signed/initialed by one of the Excutive Commanders or appointed
designee.
b. This will be used as the order for hiring unless superseded and modified
by the Chief of Police.

c. This list will be held for up to twelve (12) months from the day it is
created which is the day of the last interview.

d. If an opening becomes available the Hiring Bureau will check with the
candidate to see if they still are seeking employment with the
Charlottesville Police Department, if so their background will be
updated and the Chief of Police or their appointed designee will review

GO 400.40 – Selection and Hiring 8


Revised: 05/26/2020
and approve or disapprove.

E. Conditional and employment offers for sworn positions

1. Upon completion of the background investigation, all files will be reviewed


by the Hiring Bureau Sergeant and Commander. A recommendation for each
candidate will be made and sent (along with the file) to the Chief of Police.
NO conditional offer of employment will occur without the approval of the
Chief of Police or appointed designee.

2. Applicants may be offered a “conditional” offer of employment based upon


successfully passing portions of the selection process.

3. Portions not yet completed will be the conditions of employment.


a. this offer may occur at any time after the interview board as directed by
the Chief of Police or appointed designee.

b. If the “conditional” offer is accepted, and the uncompleted portions are


successfully passed, an offer for employment is made.

c. Any offers for employment will only be made by members assigned to


the Hiring Bureau and upon approval from the Chief of Police or
appointed designee.

4. The Hiring Bureau will document in the employee’s background file any
salary or other tangible benefits given at the time of hire over the normal
starting level for the position.

F. Psychological, Polygraph, Medical and Drug Testing


1. Once the background investigation is completed, candidates must
successfully complete all pre-employment examinations and tests to
proceed in the hiring process. These steps may not necessarily be
completed in the order listed below.

a. Polygraph Exam: The selected candidates will be assigned to be


scheduled for polygraph exam at the department’s expense.

b. If the polygraph is failed, i.e. there are signs of deception, the file will
be reviewed and further investigation will be completed by a
Background Investigator to determine if the candidate should proceed
further in the process.

c. Psychological Exam: If the polygraph is passed the candidate will be


scheduled for a psychological exam. This exam will be followed up by

GO 400.40 – Selection and Hiring 9


Revised: 05/26/2020
an interview with a licensed psychologist experienced in police
employment at the department’s expense.

d. If the psychological exam is failed, i.e. there are signs of mental illness,
incompatible personality traits, or recommendations not to hire from
the pychologist, the file will be reviewed and further investigation will
be completed by a background investigator to determine if the
candidate should proceed further in the process.

e. Medical Exam and Drug Testing: If the psychological exam is


passed the candidate will be scheduled for a medical exam and drug
testing at the department’s expense.

f. If the medical exam or drug test is failed, i.e. incompatible injuries or


health concerns, or indicators of recent illegal drug use, the file will
be reviewed and further investigation will be completed by a
background investigator to determine if the candidate should proceed
further in the process.

G. Responsibility for newly hired Police Recruits

1. The Hiring Bureau will be responsible coordinating pre-employment


training, paperwork, and issuance of equipment and uniforms for new
police recruits and pre-certified officers.

2. The Training Bureau Supervisor will be assigned supervisory


responsibilities of the police recruits during their attendance at the
regional training academy with responsibility for monitoring progress and
responding to issues or concerns raised by the recruits and/or the academy
officials.

3. Any unusual incidents that are reported or noticed will be reported to the
Training Bureau Commander and the Support Operations Division
Commander for review.

4. Upon graduation from the regional police academy, the Training Bureau
will assist in coordinating the new officer being sworn in by the Clerk of
the Charlottesville Circuit Court.

5. The Field Training Commander will be assigned supervisory


responsibilities of the police recruits once they graduate from the regional
police academy until their release from the Field Training Program.

H. Procedures for Hiring NON-Sworn Personnel


1. The procedures for all other employees shall consist of some of the
criteria for sworn officers minus certain phases. The following

GO 400.40 – Selection and Hiring 10


Revised: 05/26/2020
procedures will be followed:
a. Obtain permission from city government to fill a vacancy;
b. post public announcement of open position(s); and
c. open application process with a specified closing deadline.
2. The Hiring Bureau will review application packets to ensure applicants
meet minimum qualifications and notify selected applicants of their
progress in the process.

3. Applicants who wish to be considered for employment as a non-sworn


employee must meet the following minimum qualifications:

a. Candidates must be a United States citizen, or a permanent resident


alien who, in accordance with the requirements of the U.S.
Citizenship and Immigration Services (USCIS), is eligible and has
applied for citizenship;

b. each non-citizen is required to prove that USCIS accepted his or


her application;

c. be at least 18 years of age to apply;


d. have a high school diploma or have passed the General Educational
Development exam;

e. possess or be able to obtain a Virginia Driver’s license by date of


employment if applicable to position seeking;

f. must not have been convicted of driving under the influence (DUI)
within the past three (3) years if applicable to the position;

g. successfully complete of all pre-employment examinations, tests,


and a background evaluation:

h. submit a fully completed and honestly reported Background


Questionnaire or Personal History Statement if applicable for the
civilian position;

i. undergo and pass an in-depth background investigation, which


includes a fingerprint-based criminal history records inquiry into
both the Central Records Exchange and the Federal Bureau of
Investigation; and

j. pass the pre-employment drug screening.

GO 400.40 – Selection and Hiring 11


Revised: 05/26/2020
4. Automatic Applicant Disqualifiers for Non-Sworn Candidates:

a. failure to submit a fully complete, honestly reported background


questionnaire or notorized Personal History Statement;

b. have been convicted of a felony or domestic violence;

c. plead guilty or no contest to a felony or any offense that would be


a felony in Virginia;

d. been convicted of a crime of moral turpitude, such as lying under


oath or falsifying any officical documents;

e. currently be a member of, or in the past been associated with, or


supported in any fashion, any criminal gang, extremist-racist or
anti-Semitic group, or any group that has stated a desire to
overthrow the United States Government;

f. misdemeanor conviction of any crime involving sex offenses


and/or required to be registered on the Sex Offender Registry at
any age;

g. convicted or been involved in illegal financial practices such as


embezzlement, employee theft, check fraud, income tax evasion,
expense account fraud, filing deceptive loan statements, and any
other intentional financial breaches of trust; and

h. under criminal investigation or have criminal charges pending.

5. Application Review Committee


a. The Division filling the vacancy will have a committee review
the applications and resumes forwarded from the Department of
Human Resources to determine top candidates selected for panel
interviews.

b. The Application Review Committee may consist of the


following members:
i. Bureau Commander or designee from the Division with
vacancy;
ii. a supervisor from the Division with vacancy; and

GO 400.40 – Selection and Hiring 12


Revised: 05/26/2020
c. an employee from the Division with vacancy as deemed
necessary.

6. Once the top candidates have been selected for Interviews, the
Division will be responsible for forwarding the names of the
candidates; interview questions, and the names of the panelist to the
Hiring Bureau.

7. The Hiring Bureau will assist with scheduling the interviews and
notifiying the Applicants.

8. The Interview Panel may consist of the following members:


a. Chief of Police or designee;
b. Division Commander;
c. Supervisor from the Division with vacancy;
d. Employee from Division with vacancy; and
e. Other panelist as deemed necessary for the position.

9. Once the interview process is complete, the Commander will utilize the
scoring process of the interview and list in numerical order the top
candidates who will proceed to the background investigation.

F. Background Investigation
1. The Hiring Bureau or Division filling the vacancy will assign an officer
to conduct the background investigation.

2. The Hiring Bureau or assigned officer will then begin the initial
Background investigation utilizing the signed consent form from the
chosen candidates. The initial process is:
a. The Background Investigator will review the applicants
Personal History Statement or background questionnaire for
completeness and conduct an initial interview with the
applicant for follow-up questions related to information
contained or omitted in the documents;

b. The Investigator shall make a copy of the Personal History


Statement or background questionnaire for note taking
purposes; and

c. the original copy of the Personal History Statement or


Background Questionaire shall not be marked or altered
under any circumstances.

GO 400.40 – Selection and Hiring 13


Revised: 05/26/2020
d. letters of reference will be reviewed from past and
present:
i. employers;
ii. associates/friends; and
iii. landlords.

e. wanted checks will be conducted;


f. criminal histories checks will be conducted;
g. public database searches;
h. tax record checks;
i. neighborhood canvas will be conducted if desired by
investigating officer;
j. open social Media check;
k. other interviews of individuals reference the
applicant;
l. a full background will not be completed on each candidate
unless they move further along in the process;
k. during the background investigation if any other ethical or
moral situations surface that call into the question the
candidates ability to hold the public’s trust and respect to
carry out assigned duties may likely disqualify the
candidate. Examples include, but are not limited to anger
issues, alcoholism, neglect or abuse of animals, etc.

G. Listing of successful candidates for non-sworn position


1. The Division Commander will utilize the scoring process of the interview,
combined with the results of the background investigation and list in
numerical order the priority of candidates to be hired subject to the
approval of the Chief of Police.

3. The Hiring Bureau will document in the employee’s background file any
salary or other tangible benefits given at the time of hire over the normal
starting level for the position.

H. Responsibilities of Hiring Sworn and Non-sworn Personnel.


1. Specific selection responsibilities of the Hiring Bureau include, but are
not limited to:
a. Formulating, directing and coordinating pre/post-hiring process of
personnel at the direction of the Chief of Police or designee;
b. contacting the City’s Department of Human Resources to arrange for
the posting of public recruitment announcements as well as notice to
applicants on their application disposition;
c. administering testing, establishing and maintaining eligibility lists for

GO 400.40 – Selection and Hiring 14


Revised: 05/26/2020
the positions, making offers, removal of names from the established list
and purging names from the eligible lists in NEOGOV when
appropriate;

d. facilitating employment forms, applicant correspondence, interviews,


psychological testing, polygraph exam, background investigation,
physical exam, fitness and agility testing and setting up post-
employment orientation training sessions as required;

e. coordinating the required City of Charlottesville pre-employment


medical, polygraph and psychological screenings as required;

f. the Hiring Bureau shall ensure by continuing supervision and


inspection, that all elements of the selection process are administered,
scored, evaluated and interpreted in a fair and uniform manner;

g. oversee that the testing, examinations, interviews and investigation


phases used in the selection process are conducted; and

h. any and all test results pertaining to each applicant shall be recorded
and maintained as part of their Department’s personnel records for a
be maintained in a secure area by the Hiring Bureau with access
restricted to those persons legally entitled to review such files.

i. Specific selection responsibilities of the Chief of Police shall include,


but are not limited to:
i. making recommendations to the City Manager on the
establishment or deletion of positions within the Department;
ii. directing the Department’s Hiring Bureau in the recruitment and
selection, examination components, procedures, etc., of
applicants for all employees;
iii. the selection and appointment of qualified applicants; and
iv. hold an exit interview for any resigning employees.

I. Selected Candidates
1. All new hires will be scheduled by the Hiring Bureau or the following as
soon as possible:
a. Quartermaster appointment for uniform and equipment issue;
b. Human Resources new employee orientation;
i. Information Technology new employee orientation;
ii. assigned Bureau orientation; and
iii. familiarization of facilities.
2. All sworn officers will be scheduled by the Hiring Bureau or the

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following in- house training as soon as possible:

a. Initial cultural diversity training;


b. initial blood borne pathogens training; and
c. initial biased based policing training.
3. All sworn officers will be issued an electronic copy of all the up to date
General Orders as well as be given 24 hour computer accress to log in to the
department software program.
4. All newly sworn non-certified officers will be registered for the next
academy class for basic training.

J. Re-hiring of Officers
1. The department recognizes the benefits of re-hiring officers from past
employment due to the knowledge they possess of the city and department
as well as experience from specialized training and assignments.

2. If the department has a vacancy, an officer who has resigned in good


standing, and has been out of employment with the City of Charlottesville
Police Department less than twelve (12) months, may, with the Chief’s
approval, submit a notice to the Hiring Bureau who will begin the process
of re-hiring.

3. Any officer who has resigned and been out of employment with the City of
Charlottesville Police Department more than twelve (12) months must
reapply as any other individual and go through the entire hiring process.
This situation is not considered a re-hire.

4. Any officer submitted for rehire will have to pass portions of a background
containing at least but not limited to the following:
a. past employment reference checks;
b. social media screening;
c. drivers history review;
d. criminal history review;
e. physical agility test;
f. medical screening; and
g. drug screening.
5. If successfully rehired, the officer will receive:
a. The same pay as when they separated; and

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b. the same seniority as when they separated;
6. Any officer re-employed within 180 days after termination shall have
all previous benefits restored, including balance of leave unpaid, as
well as the salary provided above. Former service credits shall be
restored/adjusted by the length of the absence.

7. The Hiring Bureau will document in the employee’s background file


any salary or other tangible benefits given at the time of hire over the
normal starting level for the position.
K. Nepotism
1. At no point in the hiring process may a department member oversee,
provide direction or engage in any phase of reviewing, interviewing or
grading candidates that are a family member as described herein. Said
personnel, with the sole exception of the Chief of Police, shall recuse
themselves from all selection and hiring actions so long as a family
member is involved.

L. Determination of Seniority
1. The determination of seniority for both sworn and unsworn hires will
be established by:
a. Date of hire; and
b. Numerical rank of the interview scores.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 52-99


Rules and Regulations- Code of Conduct Guidelines Date: October 7, 2019
VLEPSC Number: ADM.01.01, ADM.0102, PER.02.01,
Manual Number: 400.00
PER.02.02, PER.02.03, PER.09.01
Effective Date: Oct. 7, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to establish a basis of conduct for all members of the
Charlottesville Police Department. It is recognized that rules, regulations, policies and
procedures cannot be prescribed for every specific action or circumstance encountered by
Department members. In emergencies, or situations not addressed in this order, the
individual is expected to use their own discretion governed by sound judgment. The
Charlottesville Police Department is authorized and governed by the City of Charlottesville
Charter, codified through ordinances of March 15, 1999 (Supplement #17, Update #1) in
Article I, Section 2-3, (1) and Section 14, Number 20 and the Code of Virginia as defined
in 15.2-1700, 15.2-1701, 15.2-1704 and other relevant sections.

II. POLICY
It is the policy of the Charlottesville Police Department to ensure that the performance of
its members is characterized by lawful police actions that are carried out in an exemplary
fashion. To this end, the Charlottesville Police Department expects its personnel to
maintain the highest standards of appearance and conduct at all times, while on duty or off
duty.
Violations of the Code of Conduct, General Orders, Executive Orders, City of
Charlottesville’s Personnel Rules, City of Charlottesville’s Ordinances, and/or laws of the
Commonwealth of Virginia or the United States of America shall result in disciplinary or
personnel action as defined in this policy. The disciplinary action taken will depend on the
severity of the offense, the record of the offender, and the seriousness of the consequences
of the violation. If employee misconduct results in dismissal, the employee will be
provided with a statement citing the reasons for dismissal and the effective date of the
dismissal

III. DEFINITIONS
A. COMPLIANCE WITH RULES - Members of the Department are required to comply
with any rule that corresponds with their level of authority and responsibility.

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B. HARASSMENT - A course of action or conduct composed of a series of aggravated
acts, over a period of time, however short, which indicates a continuity of purpose
directed at a specific person or group of persons which serves no legitimate purpose.
C. RULES OF CONDUCT - The governing rules of conduct for the ethical, legal, and
moral conduct of all members of the Charlottesville Police Department.
D. MEMBERS OF THE DEPARTMENT - The term "Member of the Department" is
inclusive of both sworn and non-sworn personnel whether full-time, part-time, grant-
funded or contractual.
E. SWORN OFFICERS - The term “Sworn Officer” is inclusive of all sworn police
positions within the Charlottesville Police Department.
F. DISCIPLINARY ACTIONS - May include a written reprimand, suspension, demotion,
or termination.
G. PERSONNEL ACTIONS - May include probation, counseling, training, demotion or
termination.
H. APPROPRIATE CITY OFFICIAL – For the purpose of this directive, the term
“appropriate City Official” shall mean an individual’s immediate supervisor, any
other supervisor or superior officer within the individual’s chain of command, or the
City Director or Human Resources.

IV. PENALTIES
A. COUNSEL - A verbal statement, followed in written form and acknowledged by the
employee, made to the employee intending to improve job performance or job related
behavior. Counseling is not a disciplinary action and is not able to be grieved.
B. REPRIMAND - A written disciplinary statement by a supervisor made to their
employee concerning the employee’s job performance or job related behavior. Each
such reprimand shall be confirmed by memorandum from the person imposing the
reprimand on the employee, with a copy of the memorandum being placed in the
employee’s personnel file in the Office of the Chief of Police, the Office of
Professional Standards, and delivered to the employee. This memorandum shall
provide reasons for the reprimand and specific examples of violations, infractions,
and performance issues or personal conduct. The reprimand shall become a
permanent part of the employee’s personnel, and Professional Standards files, if
applicable. The employee may attach written correspondence for inclusion in the
record within seven (7) calendar days of receipt of a written reprimand. Reprimands
are subject to the grievance process.
C. SUSPENSION - The temporary removal of an employee from duty and pay status for
cause. All disciplinary suspensions are without pay and are for a specified period of
time. Suspensions are subject to the grievance process.
D. DEMOTION - The placement of an employee in a position in a lower class for which
a lower maximum rate of pay is authorized. As a disciplinary measure, the Chief of
Police may recommend that an employee be demoted to a lower classification.
Disciplinary demotions are subject to the grievance process.

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E. TERMINATION - The removal of an employee from city service. Once it has been
determined that an employee’s conduct/behavior warrants separation, the Chief of
Police shall recommend to the City Manager that the employee be
terminated/dismissed. The employee shall be informed in writing of the charges and
shall be given the opportunity for a pre-disciplinary/pre-termination conference.

V. RESPONSIBILITIES
A. It shall be the responsibility of each member of the Charlottesville Police Department
to comply with the Rules of Conduct as defined within this document. All employees
of the Department shall become thoroughly familiar with these rules and regulations
and the contents of the Manual, and all employees will be expected to conform and
abide by them. Lack of knowledge shall not constitute a defense to any disciplinary
action.
B. The positive public image, which the City of Charlottesville strives to develop with
citizens, is fashioned by our adherence to high standards of personal conduct. Police
officers yield considerable power over the public in order to provide our services.
The Department’s enforcement responsibilities and activities result in our members
being the most visible form of government representing the City of Charlottesville.
Police powers are carefully balanced and circumscribed by federal, state, and local
laws, and, ultimately, by the U.S. Constitution and Bill of Rights. Police powers to
arrest, seize property, and lawfully interfere with the lives of citizens must be
accomplished with public trust. We regard this trust as vital to our success and we
must protect this confidence through exemplary performance at all times.

VI. LAW ENFORCEMENT CODE OF ETHICS


All sworn officers are required to swear to an oath of office upon becoming a member of
the Charlottesville Police Department and shall be provided with a copy of the Code of
Ethics at the time of their new officer orientation, thoroughly read the Code of Ethics and
sign a copy of the document. The signed copy shall be placed into the new members
Department personnel file. This oath includes a pledge to lead their lives in accordance
with the Law Enforcement Code of Ethics. Charlottesville Police Officers shall manage
their affairs in such a manner as to maintain a high degree of integrity in their public and
private lives, as required by the Law Enforcement Code of Ethics:
"As a law enforcement officer, my fundamental duty is to serve mankind; to
safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disorder; and
to respect the constitutional rights of all men to liberty, equality, and justice.
I will keep my private life unsullied as an example to all; maintain courageous calm in
the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful
of the welfare of others. Honest in thought and deed in both my personal and official
life, I will be exemplary in obeying the law of the land and the regulations of my
Department. Whatever I see or hear of a confidential nature that is confided to me in
my official capacity will be kept ever secret, unless revelation is necessary in the
performance of duty.

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I will never act officiously or permit personal feelings, prejudice, animosities, or
friendships to influence my decisions with no compromise for crime and with
relentless prosecution of criminals. I will enforce the law courteously and
appropriately without fear or favor, malice, or ill will, never employing unnecessary
force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a
public trust, to be held so long as I am true to the ethics of police service. I will
constantly strive to achieve these objectives and ideals, dedicating myself before God
to my chosen profession--law enforcement."

VII. RULES OF CONDUCT


 01 VIOLATION OF RULES – Department members shall not commit any acts or omit
any acts that constitute a violation of any of the rules, regulations, directives, or
orders of the Department, whether stated in this rule or elsewhere.
(This section makes it a disciplinary offense for a member to violate any rule of the
Department. Thus, by inclusion of this section, the Department avoids the
cumbersome process of specifying in every rule that “violation of the rule subjects
the violator to disciplinary action.” It is necessary to be specific when drafting
charges; thus, it would not be sufficient to charge an employee with a violation of
 1 alone. The particular offense committed and the specific rule violated must
always be specified.)
 02 AUTHORITY OF ORDERS/INSUBORDINATION – Members of the Department
will obey all lawful orders issued to them by supervisors of a higher rank. This
includes orders relayed from a supervisor by an employee of the same or lesser
rank. Unjustified bypassing of rank in the chain of command or the non-exigent
circumvention of the chain of command may constitute insubordination.
(Failure to obey a lawful order is a clear case of misconduct. The only question
that may arise is whether the order is lawful or is in conflict with another order.
This situation is addressed in  4.)
 03 ISSUING LAWFUL ORDERS – Department supervisors will not knowingly or
willfully issue any order in violation of a law, ordinance, rule or order of the United
States, Commonwealth of Virginia, City of Charlottesville or the Charlottesville
Police Department.
 04 CONFLICTING OR ILLEGAL ORDERS
A. Employees, who are given an otherwise proper order that is in conflict with a
previous order, rule, regulation or directive, shall respectfully inform the
supervisor issuing the order of the conflict. If the supervisor issuing the order
does not alter or retract the conflicting order, the order shall stand. Under
these circumstances, the responsibility for the conflict shall be upon the
supervisor. Employees shall obey the conflicting order and shall not be held
responsible for disobedience of the order, rule, regulation or directive
previously issued. At the first opportunity the employee may report in writing

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the full facts of the incident to the Chief of Police through the chain of
command.
B. Employees shall not obey any order which they know or should know would
require them to commit any illegal act. If in doubt as to the legality of an
order, the employee shall request the issuing supervisor to clarify the order or
to confer with higher authority.
(This section provides procedures for an employee to follow if they are given
an order that conflicts with other orders or is issued an order that the
employee considers being illegal. If an employee receives conflicting orders,
the employee must notify their supervisor so that the conflict may be resolved.
Failure to do so may render the employee liable for disobedience of both the
order and this section. An employee who receives an order that they
reasonably believes would require them to commit an illegal act must at least
question that order, and refuse to obey it if not satisfied as to its legality. An
employee may not be disciplined for questioning the legality of an order.)
 05 IMMORAL OR UNBECOMING CONDUCT – Department members shall
maintain a level of moral conduct in their personal and business affairs which is in
keeping with the highest standards of the law enforcement profession. Members
shall not participate in any incident involving moral turpitude that impairs their
ability to perform as law enforcement employees or cause the Department to be
brought into disrepute. Members shall conduct themselves at all times, both on and
off duty, in such a manner as to reflect favorably on the Department. Conduct
unbecoming shall include that which brings the Department into disrepute or
reflects discredit upon the employee as a member of the Department, or that which
impairs the operation or efficiency of the Department or employee.
(It is difficult to define with any exactness what immoral conduct is. An acceptable
standard must be established against which to judge the morality of the conduct.
First, there is the “highest standard of the law enforcement profession”. This
phrase may have meaning through the officer’s oath of office, the Law Enforcement
Code of Ethics, or his/her status as an officer of the court. Second, the concept of
“moral turpitude” is well established in the law and has a fairly precise meaning.
Third, impairment of ability to perform as a law enforcement employee refers to the
individual’s loss of respect among the community or other employees to the point
that the notorious nature of the individual’s personal character overshadows the
authority of their office so that they can no longer effectively exercise that authority.
Fourth, causing the Department to be brought into disrepute refers to the same
situation as the third factor above, with the exception or addition that the
individual’s conduct reflects adversely on the Department as a whole, where, for
example, the individual’s conduct is generalized by the community to involve the
entire Department, and thus interferes with every employee’s effectiveness. It is
important to note that when an employee is charged with conduct which interferes
with the effectiveness or the reputation of the employee or the Department, it is
necessary to prove, as one of the elements of the offense that damage has, in fact,
been done to the effectiveness or reputation of the Department or the employee.
Rules on “conduct unbecoming” are extremely controversial today. In some cases,

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courts have struck them down as being unconstitutionally vague and, in other cases,
such rules have been upheld. This rule must be distinguished from 01 that relates
to violations of any other defined rules of the Department. The basic purpose of an
“unbecoming conduct” rule is to serve as a catchall, prohibiting acts that are not
otherwise prescribed. Because the Department cannot possibly define in advance
all the acts that are inappropriate for a police employee, it is essential to have such
a general rule. In each instance, before charging an employee with “unbecoming
conduct”, the supervisor should examine all other rules to ascertain whether a
specific rule violation is applicable. If a particular rule applies, it should be used
instead of “unbecoming conduct”.)
 06 CONFORMANCE TO LAWS
A. Employees shall obey all federal, state laws and regulations. They will also
obey all laws and ordinances of the City of Charlottesville and any other
jurisdiction in which they are present, whether on-duty or off-duty.
B. Conviction of a crime involving moral turpitude will constitute a basis for
disciplinary action and may subject the employee to job forfeiture. Further,
any other conviction of the violation of a law shall be prima facie evidence of
a violation of this section.
C. Any member of the Department who is charged with a traffic infraction
(excluding parking violations), or learns that they may be the defendant in any
criminal action, shall report such action to the Chief of Police, in writing
through channels, without delay. (The Policy and Procedure Manual outlines
the responsibilities of employees who are served with lawsuit papers.)
(This section is also a general provision. Subsection A is intended to establish
clearly that violation of any law is a departmental disciplinary offense as well
as an illegal act subjecting the violator to criminal penalties. It is not
necessary, under this section, to establish that the illegal act in any way
affects Department operation or that the employee may be convicted of the
crime. However, the rule must be applied with caution, especially where the
criminal act is minor (e.g., minor non-hazardous traffic violations.)
D. Employees shall notify the Chief of Police when they are involved in a civil
case, either as a witness or as a party.
E. Employees shall notify the Chief of Police and the Commonwealth’s Attorney
when they have been subpoenaed by the defense to testify in a criminal case
involving the commonwealth.
 07 HARRASSMENT
1. Employees shall maintain a professional working relationship with fellow
employees at all times.
a. Comments and/or conduct which constitute or contribute to
harassment or discrimination due to a person’s race, sex, color, age,
religion, national origin, sexual orientation or any other non-job related-
factor will not be tolerated.

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b. Supervisory employees will initiate corrective action, as necessary, to
ensure a work environment free of discrimination or harassment. Division
Commanders will notify the Chief of Police of all complaints concerning
harassment or discrimination of any type. Complaints of sexual
harassment shall be handled per General Order 517.03.
2. Members are reminded that their conduct is also governed by the City Personnel
Policies (Personnel Regulations, Section 3.2).
a. The above City Personnel Policy (Section 3.2) includes, in addition to
other rules and regulations, prohibitions against discrimination and sexual
harassment. Accordingly, all members will:
1. Eliminate the intrusion of personal prejudices and less-than-
objective conduct in their daily interactions with fellow members,
City employees and the public.
2. Ensure a bias-free working atmosphere and take appropriate
action to correct situations, which involve harassment and
discrimination.
3. Prevent and refrain from making slurs, jokes, epithets, or other
comments, which appear to be discriminatory or harassing in
nature.
b. Any member who believes that he or she is a victim of discrimination
or harassment should immediately report the incident(s) to an appropriate
City official (see Section III for definition of “appropriate city official”).
1. A Department supervisor or superior officer receiving a
complaint of any type of employee harassment, including sexual
harassment or discrimination shall immediately initiate an
investigation using the procedure outlined in Department General
Order Number 517.03, Sexual Harassment.
All investigations concerning harassment, including sexual harassment and/or
discrimination shall be handled in accordance with the confidentiality and
investigative procedures outlined in General Order Number 517.03.
 08 REPORTING FOR DUTY – Department members shall report for duty at the time
and place required by assignment or orders and shall be physically and mentally fit
to perform their duties. They shall be properly dressed and equipped in accordance
with Department guidelines. As appropriate, while on duty, members shall have in
their possession: police identification, a valid driver’s license while operating a
motor vehicle, an approved service weapon (sworn officers), and be cognizant of
information required for the proper performance of duty so that they may
immediately assume their duties. Every member reporting for duty shall acquaint
themselves with events that have taken place since the beginning of their last tour of
duty.
Judicial subpoenas shall constitute an order to report for duty under this Section.

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(Because many police operations function on a shift basis around the clock, it is
important that members going on duty be prompt and prepared to assume their
duties as soon as the earlier shift is relieved. Also, while there are judicial
penalties for ignoring a subpoena, this section provides for administrative action if
an employee fails to respond to a subpoena.)
 09 LEAVE – All members absent from duty will be placed in an official leave status as
prescribed by the City of Charlottesville’s Personnel Rules. Department members
shall be present for duty, unless a supervisor has approved the leave. Employees
who, for any reason, are unable to report for assigned duty shall report off duty with
the Shift Commander’s office; i.e., the Shift Commander, or any on-duty
supervisor. In emergency situations, Department members will notify their
supervisors, as soon as practical and request leave.
 10 FICTITIOUS ILLNESS OR INJURY REPORTS – Unless incapacitated, all
members of the Department will notify their immediate supervisor, as soon as
practical, of any injury or illness occurring while on duty. Members shall not feign
illness or injury, falsely report themselves ill or injured, or otherwise deceive or
attempt to deceive any official of the Department as to the condition of their health.
(While there is a specific rule for reporting illness, with medical certification
required in some instances, this section adds administrative penalties to the false
report of illness or injury. The section is also aimed at preventing false claims of
injury for purposes of workman’s compensation or disability retirement.)
 11 UNFIT FOR DUTY – Any supervisor may temporarily relieve from duty an
employee under their supervision for a period of not more than one workday on the
grounds that the employee is unfit for duty. “Unfit for duty” may include any
physical or mental condition which might, in the judgment of the supervisor, render
the employee incapable of adequately performing duties, or performing them in
such a way as to embarrass or discredit the Department or jeopardize the safety of
any person or property. The supervisor shall immediately notify the appropriate
Division Commander regarding any action under this section. (If it is determined
that the officer’s police powers shall be suspended, refer to General Order 517.06,
Suspension of Police Powers.)
A. A supervisor, who relieves an employee from duty under this Section, may
direct that the employee be carried on sick leave, vacation, or other
appropriate leave with pay.
B. Under normal circumstances, a Shift Lieutenant, Captain, or the Chief of
Police can require an officer, who has been relieved from duty, to surrender
their weapon, shield, cap badge, and identification card. Only under
extenuating or emergency circumstances, may a supervisor of lesser rank than
listed above require the surrender of an officer’s weapon, shield, cap badge,
and identification card.
C. Fitness for Duty Medical/Physical and Psychological Examination
Any employee who is directed to take a mandatory medical, physical and/or
psychological examination shall do so at no expense to the employee.

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 12 NEGLECT OF DUTY – Department members, while on duty, shall not engage in
any activities or personal business that would cause them to neglect or be
inattentive to duty.
(This rule refers to conducting personal business or attending to personal pleasures
which might distract employees from their responsibilities or hamper them from
responding to calls for service.)
 13 LEAVING DUTY POST – Department members shall not leave their assigned duty
posts during a tour of duty except when authorized by proper authority. Officers
shall keep the Emergency Communications Center (E.C.C.) advised of any change
in their location. (An officer’s failure to remain on his/her assigned post can have
serious repercussions that endanger the safety of other officers and the public.)
 14 SLEEPING ON DUTY – Department members shall remain awake while on duty.
If unable to do so, an employee shall so report to their supervisor, who shall
determine the proper course of action.
(Sleeping on duty is a serious problem for some Police Department employees.
Irregular hours, emergency situations, and long periods of relative inactivity take
their toll on the human body. However, sleeping on the job is not only dangerous, it
is harmful to the reputation of the Department, when a sleeping employee is
discovered by a citizen. If an employee is not able to stay awake on the job, the
supervisor should take appropriate action such as relief from duty, reassignment or
disciplinary measures.)
 15 SEXUAL ACTIVITY ON DUTY – Engaging in sexual activity while on duty is
prohibited.
(Engaging in sexual activity while on duty is harmful to the Department’s
reputation and a breach of the public’s trust. It is prima facie evidence of neglect
of duty.)
 16 MEALS – Department members shall be permitted to suspend patrol or other
assigned activity, for the purpose of having meals during their tours of duty, but
only for such period of time as established by Department guidelines. As a general
rule, employees shall not congregate in any location that would tend to give the
appearance of inefficiency.
(This rule is necessary to ensure that employees on the same shift do not suspend
patrol or other assigned activity at the same time, and that they do not congregate
at eating establishments.)
 17 UNSATISFACTORY PERFORMANCE – Department members shall maintain
sufficient competency to properly perform their duties and assume the
responsibilities of their positions. Members shall perform their duties in a manner
that will maintain the highest standards of efficiency in carrying out the functions
and objectives of the Department. Unsatisfactory performance may be
demonstrated by a lack of knowledge of the application of laws required to be
enforced; an unwillingness or inability to perform assigned tasks; the failure to
conform to work standards established for the employee’s rank, grade, or position;
the failure to take appropriate action on the occasion of a crime, disorder, or other

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condition deserving police attention; or absence without leave. In addition to other
indicia of unsatisfactory performance, the following will be considered prima facie
evidence of unsatisfactory performance: repeated poor evaluations or a written
record of repeated infractions of rules, regulations, directives or order of the
Department.
(This rule covers unsatisfactory performance and includes several methods of
establishing unsatisfactory performance or incompetence. Most of the occasions
for use of this rule will arise from an employee’s failure to perform as required.
Failure to perform or inaction is usually more difficult to prove than a specific act
of misconduct. If specific acts amounting to neglect of duty are present,  12
should be charged. If a pattern of poor evaluations or rule violations is present,
this rule applies. Other instances covered by this section are spelled out.)
 18 DERELICTION OF DUTY – Police employees will not display any behavior that
indicates dereliction in the line of duty. Unless incapacitated, members of the
Department will aid, assist, and protect fellow Department members and citizens in
time of danger or under conditions where danger is imminent.
 19 POSSESSION AND USE OF DRUGS – Employees shall not possess or use any
controlled substances, narcotics, or hallucinogens, except when prescribed in the
treatment of the Department member by a physician or dentist. If a Department
member is required to take prescription medication, it shall be their responsibility to
ascertain if the medication could affect or impair the employee’s ability to perform
their duty. If so, the Department member shall notify their supervisor.
Members charged with not following these rules may request or be required to
submit to a drug screening at the City’s expense. Evidence obtained may be used in
any administrative hearing pertaining to such charges. Any member refusing such a
test shall be automatically relieved from duty pending a hearing before the Chief of
Police.
(Since possession of a prescription medication without a prescription, or use of
controlled substances is, in most cases, a criminal act, this section does not add to
any prohibition not applicable to the general public or applicable to the
Department member through  6. However, this section is specific to drugs, and it
requires the Department member to notify the Department of any authorized
medical use of such substances, if such substance could affect or impair their ability
to perform their duty. This notification alerts the Department to possible physical
or mental effects of drug use and gives the Department an opportunity to take
appropriate action.)
 20 ALCOHOLIC BEVERAGES AND DRUGS IN POLICE FACILITIES –
Employees shall not store or bring into any police facility or vehicle any alcoholic
beverages, controlled substances, narcotics or hallucinogens, except those which are
held as evidence or investigation.
(Police employees should not have drugs in police facilities, unless the drugs are to
be processed as outlined in the Policy and Procedure Manual.)

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 21 USE OF ALCOHOL WHILE ON DUTY OR IN UNIFORM - Department
members shall not consume intoxicating beverages while on duty or while in
uniform. Members shall not purchase alcoholic beverages while wearing the
Department uniform or identifiable parts thereof, whether on or off duty. It is
recognized that certain undercover and/or investigative operations may necessitate
an officer to consume moderate amounts of alcohol; however, they may do so only
while acting under proper and specific orders from a commanding officer.
Members shall not appear for duty, or be on duty, while under the influence of
intoxicants to any degree whatsoever, or with an odor of intoxicants on their breath.
(This section prohibits employees from drinking alcohol while on duty or in uniform
except when under orders to do so. The rule also applies to off-duty drinking which
impacts in certain ways upon the employee’s duty time.)
 22 USE OF ALCOHOL OFF-DUTY - Members of the Department, who are on an
“on-call” status, will not drink alcoholic beverages or consume any other
intoxicants. Members who are on a consistent on-call status (e.g. S.W.A.T., CNT,
Evidence Techs, etc.) may consume alcohol while off duty, but will inform their
supervisor of having consumed alcohol in the event of a call out. No adverse action
shall be taken if, in an emergency recall situation, the employee believes themselves
to be incapacitated for duty, says so, or is determined to be so by a supervisor, prior
to actually going on duty.
Members of the Department while off-duty shall refrain from consuming
intoxicating beverages to the extent that it results in the impairment, intoxication, or
obnoxious or offensive behavior which discredits them or the Department, or
renders the employee unfit to perform their next regular tour of duty.
 23 USE OF TOBACCO – Members of the Department will observe all existing City
policies and regulations regarding smoking in the workplace. Further, members of
the Department will not use any tobacco products, while in direct contact with the
public, while operating a city vehicle, while in a public building or a police facility,
or in an official capacity. In addition, sworn personnel who were hired after
October 1, 1986, by contractual agreement shall not from the effective date of hire,
and during their tenure of employment, utilize and tobacco or nicotine products,
e.g.: cigars, cigarettes, pipes, smokeless tobacco, electronic cigarettes or other
products that provide nicotine to the body. This agreement has been made a pre-
condition of employment as part of the City of Charlottesville’s awareness of the
special requirements of Police personnel as stated by the heart/Lung Laws (Virginia
Code 65.02-402). Employees shall not use smokeless tobacco products on duty,
except as may be required for undercover work or other special assignments.
 24 GIFTS AND GRATUITIES
A. It is against City policy for any employee to accept any gift of value from any
person or firm interested in business dealings with the City, or any gift or
favor that might influence the employee in the impartial discharge of their
duty.

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B. Every member of the Department is prohibited from accepting free foods,
goods, or services when such offers are made with an expectation of police
services as a direct result of their employment with the Police Department.
C. Every member of the Department is positively forbidden to receive or accept a
reward or present of any kind directly in connection with any official duty or
act without the permission of the Chief of Police. Any member of the
Department who receives a gift without prior knowledge (ex. receiving a gift
certificate in the mail, etc.) will immediately notify the Chief of Police upon
receipt.
D. Every member of the Department is positively forbidden to receive or accept
directly or indirectly, any gift or present from any person engaged in or
suspected of any illegal activity.
(This order reflects the City’s policy of prohibiting employees from accepting any
gift or favor that might influence the employee in the impartial discharge of their
duty. This revision prohibits police personnel from accepting free or discounted
food, goods, or services when such offers are a result of their employment with the
Police Department. The integrity of our police employees must be above reproach.
An employee must avoid any conduct that might comprise integrity and thus
undercut the public’s confidence in our Department.)
 25 FINANCIAL DISCLOSURE – Officers shall submit financial disclosure
statements, when ordered to do so by the Chief of Police or designee, and when
such order is within the limitations set forth by Virginia Code 2.1-116.3. These
statements are to be maintained by the Chief of Police and shall not be available for
public disclosure. Upon appropriate orders, or when an employee is the subject of
an internal investigation, the employee may be required to submit personal financial
data. (Not applicable to School Crossing Guards or Community Service Officers)

 26 ABUSE OF POSITION
A. Department members shall not use their official position, official
identification cards or badges for personal or financial gain, for obtaining
privileges not otherwise available to them except in the performance of duty,
or for avoiding consequences of illegal acts. Members shall not lend to
another person, their identification cards or badges or permit them to be
photographed or reproduced without the approval of the Chief of Police.
B. Department members shall not authorize the use of their names, photographs,
or official titles that identify them as police employees, in connection with
testimonials or advertisements of any commodity or commercial enterprise,
without the approval of the Chief of Police.
C. Employees shall not expend any money or make any financial obligations in
the name of the Department without prior knowledge and permission from the
Office of the Chief of Police.

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(This section prohibits an employee from lending or abusing identification cards or
badges, as well as commercial exploitation of official position.)
 27 ENDORSEMENTS AND REFERRALS – Department members shall not
recommend or endorse in an official capacity the employment or procurement of a
particular product, professional service, or commercial service (such as an attorney,
towing service, bondsman, mortician, etc.). In the case of ambulance or towing
service, when such service is necessary and the person needing the service is unable
or unwilling to procure it or request assistance, employees shall proceed in
accordance with established Department procedures.
(In order to avoid any possibility of the appearance of conflict of interest or
“kickback” arrangements, employees must be prohibited from recommending
particular products or services related to the performance of their duties. Usually,
this section will apply to an employee’s dealing with persons outside the
Department. Although general information may be provided, there must be no
appearance that the employee or the department has taken any part in selecting the
product or service, except as stated.)
 28 CLAIMS FOR DAMAGES - Every member of the Department shall immediately
notify the Chief of Police of any claim for compensation or damages that they make
against any person or entity, which arises out of or relates to the performance of
their duties.
 29 ASSOCIATIONS – Employees shall avoid regular or continuous associations or
dealings with persons, whom they know or should know, are under criminal
investigation or indictment, or who have a reputation in the community or the
Department for involvement in felonious or criminal behavior, except as necessary
to the performance of official duties, or where unavoidable because of their
personal relationships to the employee. No Department member shall knowingly
communicate, by any means, to any person, information which may assist any
person to escape arrest or punishment, prepare for raids, destroy or conceal
evidence (money, property or information sought by the police).
(The underlying policy that this section seeks to implement is that persons of
notoriously bad character or reputation must be avoided because of the appearance
of impropriety and the danger of contaminating an employee’s character or
reputation. Some flexibility is allowed in unavoidable personal relationships, such
as when the employee’s spouse or child is included with the prohibited
associations.)
 30 VISITING PROHIBITED ESTABLISHMENTS – Employees shall not knowingly
visit or frequent an establishment wherein the laws of the United States, the state, or
the local jurisdiction are regularly violated, except in the performance of duty or
while acting under proper and specific orders from a supervisor.
(Except in the performance of duties, a law enforcement employee should not be in
a place where the employee knows illegal activity is taking place. If the employee
has no reason to know of illegal activity, they should not be held strictly
accountable.)

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 31 GAMBLING
Employees shall not engage or participate in any form of illegal gambling at any
time, except in the performance of duty and while acting under proper and specific
orders from a supervisor.
 32 STATEMENTS AND APPEARANCES
A. Employees shall not criticize or ridicule the Department, its policies, or other
employees by speech, writing, rumor, or other expression, where such speech,
writing, rumor, or other expression is defamatory, obscene, and unlawful,
undermines the effectiveness of the Department, interferes with the
maintenance of discipline, or is made with reckless disregard for truth or
falsity.
B. Department members shall not address public gatherings, appear on radio or
television, prepare any articles for publication, act as correspondents to a
newspaper or a periodical, release or divulge investigative information, or any
other matters of the Department, while presenting them as representing the
Department in such matters, without the authority of the Chief of Police.
C. No member of the Department shall speak in a disrespectful manner of, or to,
any judge, magistrate or other officer of any court. When addressing judges,
magistrates and other officers of the court, members of the Department shall
conduct themselves in a dignified manner that will reflect positively on the
Department, even in circumstances in which a judge, magistrate or other
officer of the court denies the request of a member or declines to make a
decision desired by the member.
D. Except as part of an active investigation directed by the Chief of police, no
member of the Department shall make, or attempt to make, an audio or video
recording of any nature of any conversation or interaction with another
member of the department, without that person’s prior knowledge and
consent. The verbal consent of all parties to the conversation or interaction
shall be recorded at the beginning of the taping. Any person who is allowed to
make such a recording shall, upon request, make it available to all other
participants in the conversation for the purpose of making additional copies.

(This section recognizes the employee’s First Amendment rights to freedom of


speech, as well as the need for the Department to operate without unlawful or
destructive criticism. A blending of these factors is present in the rule, which has
been upheld in the courts. The second and third segment of the rule limits
employees’ statements, when employees are holding themselves out as representing
the Department.)
 33 PERSONAL APPEARANCE – Department members shall maintain their
appearance in compliance with General Order 400.15 “Personal Appearance and
Grooming”.
 34 IDENTIFICATION

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A. Sworn members shall carry their badges and identification cards on their
persons at all times within the boundaries of the City of Charlottesville, except
when impractical or dangerous to their safety or to an investigation.
B. Members shall furnish their name and badge number to any person requesting
that information when they are on duty or while representing themselves as a
police employee, except when the withholding of such information is
necessary for the performance of duties or is authorized by proper authority.
C. Members shall display their identification card and badge when necessary in
the course of Department business.
D. Employees shall not at any time use or attempt to use their official badge,
position, or official identification card for personal or financial gain.
E. Employees shall not use their position, or attempt to use their position, to
influence any official or other person to alter facts or the law for the benefit of
any employee or other person.
F. Employees shall not permit any other person to use their badge or
identification card. Employees shall report the loss of a badge or
identification card immediately.
 35 CITIZEN COMPLAINTS – It is the responsibility of each Department member to
facilitate the convenient, courteous, and prompt receipt and processing of citizen
complaints. Employees shall not interfere, discourage, or delay the making of, or
the investigation of citizen complaints. Although an employee may attempt to
explain an incident or a Department policy to a citizen, the employee shall adhere to
the procedure for handling citizen complaints as outlined in the Policy and
Procedure Manual.
 36 COURTESY – Employees shall be tactful in the performance of their duties, shall
control their tempers, and exercise the utmost patience and discretion, and shall not
engage in argumentative discussions even in the face of extreme provocation. In
the performance of their duties, employees shall not use coarse, violent, profane or
insolent language or gestures, and shall not express any prejudice concerning race,
religion, politics, national origin, lifestyle, gender, or any personal characteristics.
(More citizen complaints result from police discourtesy than from almost any other
cause. Discourtesy may include overt rudeness, annoyance, abusive or insulting
language, racial or ethnic slurs, overbearing attitude, sexual or social references,
disrespect, or a lack of proper attention or concern. In the performance of their
duties, employees must maintain a neutral and detached attitude, without indicating
disinterest or that a matter is petty or insignificant.)
 37 REQUESTS FOR ASSISTANCE – When any person applies for assistance or
advice, or makes complaints or reports, either by telephone or in person, all
pertinent information will be obtained in an official and courteous manner and will
be properly and judiciously acted upon consistent with established Department
procedures.

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(Discourtesy, inattention, delays in response or failures to respond to requests for
assistance are major causes of complaints against a police department. To the
party requesting assistance, the matter is of paramount importance and an attitude
indicating a lack of concern or a failure to respond efficiently is irritating. If the
employee knows that a request cannot be handled immediately, the requesting party
should be informed of the nature and reason for the delay. It is improper for an
employee to intentionally fail to respond to or delay response to a call for service.)
 38 POLITICAL ACTIVITY
A. Any member of the Department, either individually or as a member of a
group or political organization, may take part in a campaign of any
political organization seeking the election of candidates or any individual
political candidate for office provided that the Department member is off
duty and not on the Department’s premises. Uniformed members may not
be in uniform when engaging in such activity. No such political activities
by a member of a group or organization shall be carried on in the name of
the City or any department, bureau, division or agency thereof, or by any
group of employees in the Police Department.
B. No member of the Department shall use their official authority or
influence for the purpose of interfering with or affecting the result of an
election or nomination for office, and no member of the Department shall
directly or indirectly coerce, attempt to coerce, command, or advise
another member of the Department, or any employee of the City, to pay,
lend, or contribute anything of value to a party, committee, organization,
agency, or person for political purposes.
C. No sworn officer in either a classified or unclassified position with the
City shall continue in such position, after being elected to any public
office elected by voters of an election district which includes all or a part
of the City of Charlottesville, or by the voters at large of the city for a
constitutional office serving only the City of Charlottesville.
D. No non-sworn employee in either a classified or unclassified position with
the City shall continue in such position, after becoming a candidate for
nomination or election to any public office elected by voters of an election
district which includes all or a part of the City of Charlottesville, or by the
voters at large of the city for a constitutional office serving only the City
of Charlottesville.
E. Department members shall not use Department or City funds, supplies for
political purposes or solicitation for activities or causes not related to their
job.
F. Electioneering in any City office, building or premises during working
hours is prohibited.
G. Employees who have questions concerning political activity shall refer to
City Personnel Regulation 5.2.1 and the Federal Hatch Act, 5 USC Section
1902. Further questions should be referred to the City Attorney.

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H. Employees shall not join or belong to any organization, which has as a
purpose the overthrow by force of the established government.
 39 LABOR ACTIVITY
A. Employees have the right to join labor organizations, but nothing shall compel
the Department to recognize or to engage in collective bargaining with any
such labor organizations except as provided by law.
B. Employees shall not engage in any strike. “Strike” includes the concerted
failure to report for duty, willful absence from one’s position, unauthorized
holidays, sickness unsubstantiated by a physician’s statement, the stoppage of
work, or the abstinence in whole or in part from the full, faithful and proper
performance of the duties of employment for the purposes of inducing,
influencing or coercing a change in conditions, compensation, rights,
privileges or obligations of employment.
(Public employees have a constitutional right to join labor organizations. Laws
prohibiting such actions are void. Persons may not be punished for exercising a
constitutional right. However, while the Constitution allows police officers to join a
union, it does not require the employer to recognize or negotiate with that union. An
“employee association” is not substantively different from a union unless it is
purely social and does not seek to represent members’ interests with an employer.)
 40 Telephone and Address – Department members shall furnish the Department with a
permanent address and telephone number, where they may be reached in the event
of an emergency. The employee’s current telephone number and home street
address are to be on file with Information and Management Services.
(This rule is necessary so that the Department is able to contact employees in the
event of a civil disturbance or other Department related business.)
Employees shall not use the Police Department address for the receipt of personal
correspondence. Employees may use the police phone for personal long distance
calls when it is not practical to make the call from another location and will be
responsible for any charges for the calls.
 41 CHANGE IN DOMESTIC STATUS – Department members shall report to their
direct supervisor, by the member’s next workday, any change in domestic status
with reference to marriage, legal separation, divorce, or death of spouse. The
immediate supervisor shall document any changes in address, contact numbers, etc.
and forward this information through the chain of command. (This rule is necessary
in order that the Department be kept current regarding next of kin.)
 42 CONFIDENTIALITY (Dissemination of Information) – No member shall reveal
police information outside the Police Department except as provided elsewhere in
this manual or as required by law or competent authority. Information contained in
police records, information ordinarily accessible only to members, names of
informants, complainants, witnesses and other persons known to the police are
considered confidential. Unauthorized copying or duplication of official records is
prohibited.

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(Police employees regularly come into possession of information of extreme
sensitivity. The confidentiality of this information must be maintained.
Confidential information must not be used to the employee’s personal benefit, or to
damage the reputation of any person, or to assist any person in avoiding the
consequences of criminal acts.)
 43 INTERVENTION/INTERFERENCE – Officers shall not interfere with cases being
handled by other officers of the Department or by any other governmental agency
unless:
A. Ordered to intervene by a supervisory officer, or
B. The intervening officer believes beyond a reasonable doubt that a manifest
injustice would result from failure to take immediate action.
(Each police officer in the Department draws their authority from the same source,
generally the state law. Within the confines of whatever administrative restrictions
may be placed upon him/her, each officer’s power to make arrests is exactly the
same as every other officer’s power.)
 44 COOPERATION – Department members shall cooperate with and assist each other
at every opportunity and shall not publicly criticize the work performance of any
other member. In time of emergency, employees are expected to be calm and
resolute and cooperate with others so that mutual protection is afforded and
maximum efficiency is attained. While on duty, employees shall aid and/or
reasonably assist persons within the City whenever such aid or assistance appears to
be called for and is not in conflict with the general principles of law enforcement or
in violation of legal statutes or departmental rules and regulations. When rendering
assistance, employees shall neutralize hazardous situations or remain on the scene
until the hazard is eliminated, giving due consideration to calls for service
elsewhere.
 45 TRUTHFULNESS – Employees are to speak the truth at all times and under all
circumstances. In cases where it is not allowed by law or by Department
regulations to divulge facts and/or opinions within their knowledge, they will not
speak on the subject. EXCEPTION: Undercover investigations or toward lawful
objectives during an investigation.
 46 POLYGRAPH, MEDICAL EXAMINATIONS, PHOTOGRAPHS AND
LINEUPS:
A. Polygraph Examinations. Employees shall adhere to the Department’s
polygraph policy as outlined in General Order 517.01 “Internal Investigations
and Citizen Complaints”.
B. Medical Examination, Photographs, and Lineups. Upon the order of the Chief
or the Chief’s designee, employees shall submit to any medical, ballistics,
chemical or other tests, photographs, or lineups. All procedures carried out
under this subsection shall be specifically directed and narrowly related to a
particular internal investigation being conducted by the Department.

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(An employee may be compelled to submit to a polygraph examination for purposes
of an internal investigation concerning allegations of misconduct or criminal
activity. When an employee is ordered to submit to a polygraph exam, the questions
asked must be directly related to the matter under investigation. An employee shall
not be ordered to submit to a polygraph exam if he/she is the subject of a criminal
investigation. Only if the employee is given Miranda warnings and then consents,
should a polygraph be given in a criminal case. Frequently a citizen complains of
abuse by an employee, but there are no witnesses or other outside evidence, and the
employee denies the offense. In a “one-on-one” situation, there may be no more
reason to suspect the employee of lying than to suspect the complainant of doing so.
In such cases, it may be unfair to require the employee to submit to a polygraph,
unless the complainant is also willing to submit. Just as a criminal suspect may not
refuse to give “non-testimonial” evidence against him/herself, an employee in an
internal investigation may be required to give such evidence. The only restriction is
that the evidence be related to the particular investigation.)
 47 RESPECT – Department members shall treat superiors, subordinates and associates
with respect. They shall be courteous and civil at all times in their relationships
with one another. When on duty and in the presence of the public, officers shall be
referred to by rank. Supervisors are forbidden to injure or discredit those under
their authority by tyrannical or capricious conduct or by abusive language.
Members shall work in harmony with each other and will not engage in disputes or
altercations. They shall not spread rumors, which may be detrimental to the
Department or to any member of the Department.
 48 USE OF FORCE – Officers shall not use more force in any situation than is
reasonably necessary under the circumstances. Officers shall use force in
accordance with law and Department procedures. (General Order 537.00)
 49 TREATMENT OF PERSONS IN CUSTODY – Officers shall not mistreat persons,
who are in their custody. Officers shall handle such persons in accordance with law
and Department procedures.
 50 PRISONER SAFETY – The arresting officer is responsible for the custody and
safety of their prisoner, until competent authority relinquishes custody, and the
arresting officer no longer has constructive control over the prisoner. This
responsibility extends or transfers to any officer involved in transporting a prisoner,
and includes the prevention of acts by any other officer or person, which violates
the law or Department directives.
 51 CONSTANT POLICE RESPONSIBILITY – Off duty police officers are subject to
duty at all times and are encouraged to carry their approved firearms, while in their
jurisdiction. Officers are reminded that they have a constant police responsibility,
but should temper that knowledge with discretion. (Not applicable to School
Crossing Guards or Community Service Officers)
(This rule establishes that officers are subject to duty at all times. While not making
it an absolute requirement, the rule encourages the wearing of an approved firearm
while off duty and in their jurisdiction. The Department does not expect its officers
to be armed when they have been drinking or are engaged in recreational activities.

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The reminder that they have a constant responsibility does not necessarily mean
they are mandated to take direct action if wisdom and judgment should dictate
otherwise. In some instances, requesting police assistance from the Emergency
Communications Center can fulfill “constant police responsibility”. The rule
requests that the officer review General Order 537.30, Weapons Training.)
 52 CARRYING FIREARMS - Officers shall carry firearms in accordance with law
and established Department policies and procedures. Officers who desire to carry
personal firearms during off-duty hours must qualify with said firearm by
department firearms Instructors. Officers who wish to carry personal firearms while
working must register such weapons and obtain approval in compliance with
Department policy. Not applicable to School Crossing Guards or Community
Service Officers.
 53 USE OF WEAPONS – Officers shall not use or handle weapons in a careless or
imprudent manner. Officers shall use weapons in accordance with law and
Department procedures.
(No weapons should be handled improperly. Department procedures establish the
proper methods for use and care of weapons.)
 54 USE OF DEPARTMENT EQUIPMENT – Members of the Department shall utilize
Department equipment only for its intended purpose, in accordance with established
procedures, and shall not abuse, damage, or handle Department equipment in a
careless manner. All equipment issued to employees shall be maintained in proper
order. Department employees shall not leave issued equipment such as weapons or
portable radios in the passenger compartment of any unoccupied Department
vehicle or personal vehicle. Members who lose or damage any Department
equipment shall immediately report the loss or damage to their supervisor.
Members who leave either by resignation or discharge shall deliver all issued or
assigned equipment to the Charlottesville Police Department Quartermaster.
(Employees are entrusted with a great deal of very valuable equipment and must
exercise the utmost caution in its use and maintenance. Also, especially in the case
of vehicles, employees should not be permitted to use Department equipment for
personal business, except where specifically provided for by the Department.)
 55 VEHICLES –
The following pertains to vehicle operation by members of the department:
A. Employees shall operate official vehicles in a careful and prudent manner,
and shall obey all laws and all orders pertaining to such operation.
Revocation or suspension of Virginia Operator’s license shall be
immediately reported in writing to the Chief of Police.
B. Employees shall examine any vehicle assigned to them and report any
operational deficiencies, damage or defect to their immediate supervisor.
Operation of the vehicle will create presumption an inspection was made
and that no damage or defects were found, and therefore the employee is
responsible for same.

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C. Members assigned to operate police vehicle shall be responsible for the
cleanliness of such vehicles.
D. Employees shall wear safety seat belts at all times when operating or
riding in a city owned vehicle/leased vehicle. Note: This rule shall not
apply to law enforcement personnel when circumstances would render the
wearing of a safety belt impractical.
E. Employees who are involved in an accident with a Department Vehicle
shall immediately report the accident to their supervisor.
F. Employees who become involved in an accident while on duty (operating
a Department vehicle or otherwise) shall make no statements as to
responsibility and shall not advise other parties involved that the City will
pay and damages resulting from said accident, even though they may be at
fault. Any questions concerning liability shall be directed to the City
Attorney. Any claims against the City must be filed in writing with the
Finance Department.
 56 OFFICIAL NOTICES/DEPARTMENT BULLETIN BOARDS – Members shall
not mark, alter or deface any posted notice of the Department. Posted notices shall
not contain derogatory or profane statements directed to any individual or group of
persons.
 57 ARREST IN PERSONAL SITUATIONS – Police officers shall not make arrests in
their own situations or those of their families, except under grave circumstances that
would justify them in using measures of self-defense.
 58 PRIVACY - No member shall duplicate, cause to be made, or allow to be made a
copy of a key pertaining to the official business of the Charlottesville Police
Department or the City of Charlottesville without authorization from proper
supervisory authority. No employee shall enter the office, filing cabinets or
computer file of another, except for official business or line/staff inspections.
 59 INSPECTIONS – Line and Staff Inspections of members’ appearance, uniform,
equipment, or compliance with directives may be made at any time by a designated
authority, except that formal inspections are pre-announced. Such inspections may
include, but are not limited to, examination of police vehicles, lockers, desks,
computer files, or other space on departmental premises used by any member. A
reasonable effort shall be made to have the owner of lockers, desks, computer files
or other private areas present or notified of the inspection.
 60 CONFLICT OF INTEREST – Members of the Department will not engage in any
activity, which conflicts in any way with the objectives of the Department, damages
the Department’s image, or compromises its law enforcement authority.
 61 DUTY TO INFORM – Employees shall communicate to their immediate supervisor
any violation of the Rules and Regulations, the infraction of which would bring
discredit to the Department. Employees will communicate promptly, before end of
tour of duty, to a supervisor, any information regarding tips on crimes or criminal
activity, or any other relevant law enforcement information, which may come into
their possession. Officers shall report to a supervisor any contact with any City,

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State or Federal Officials or their immediate families promptly or before end of tour
of duty.
(The Department does not expect its employees to inform regarding minor
infractions. The rule does require employees to bring to the Department’s
attention, instances and behavior that are likely to bring the Department into
disrepute.)
 62 FULL DISCLOSURE – All Police employees shall cooperate with any official
internal investigation. Therefore, it is the duty of all employees to answer questions
of an official nature completely and candidly. Failure to disclose information
pertinent to any internal investigation, when requested by a supervisor, either
verbally or in writing, shall be considered a violation of Department policy.
 63 OFFICIAL RECORDS AND DEPARTMENTAL FILES
A. Members shall not release any criminal history record information without
complying with the rules and regulations set up by the Department of Criminal
Justice Services of the Commonwealth of Virginia.

B. A member of the Department shall not destroy or remove any official record or
report from any file or take any official record from the office where it is kept
except in the performance of their duties, in accordance with due process of
law or with permission of the member in charge.

C. Members shall not use official Department stationary for personal use.

D. Members of the Department when filling out Departmental forms or other


official documents or when signing any official document shall only use a ball
point pen or ink cartridge pen that contain black or blue-black colored ink.

 64 CONVERSION OF EVIDENCE/PROPERTY

Members shall not under any circumstances withhold, destroy, remove from
the scene, or convert to their own use, any physical evidence, monies, or other
material found, seized, or confiscated in connection with an investigation of a
crime or involved in any official police action. Members shall not convert to
their own use any property, material or monies belonging to the Department.

 65 DUTY TO INTERVENE WHEN WITNESSING UNCONSTITUTIONAL OR


OTHERWISE UNLAWFUL CONDUCT ON THE PART OF ANOTHER LAW
ENFORCEMENT OFFICER:

Law enforcement officers have a constitutional duty to intervene when a


citizen’s constitutional rights are being violated by the actions of another law
enforcement officer. This is especially important under circumstances in which
an officer witnesses an excessive use of force against another. The failure to

GO 400.00- Code of Conduct Guidelines 22


Rev: 10/07/2019
intervene when having the ability to do so may subject the witnessing officer to
criminal, civil, and administrative sanctions.

In addition to a duty to intervene, officers are required to immediately report


their observations to a supervisor and prepare a written report outlining those
observations.

Upon immediate response to the scene, the supervisor will begin an


investigation into the alleged violation and take immediate personnel action, to
include a suspension of police powers of the accused officer, if deemed
appropriate. In all such circumstances, notification shall be made to the
respective division commander and the Chief of Police for further direction.

Civilian personnel, who may not have the ability to intervene, are required to
immediately call for a supervisor to respond to the scene at which time they
will report their observations.

All employees are required to immediately request the assistance of emergency


medical personnel when they have come upon a citizen who is in need of
medical attention.

 66 OFF-DUTY POLICE ACTION

Taking police action while off duty can be a difficult situation for a law
enforcement officer. More often than not, the officer may not have the
necessary equipment to take police action. The absence of protective body
armor, a radio, handcuffs, chemical irritant, and other less lethal or non-lethal
tools may place the off-duty officer at greater risk and escalate force options.
In addition, the presence of family members or other civilian personnel may
limit the off-duty officer’s options and place others at unnecessary risk of
harm.

Unless circumstances require that an off-duty officer act to protect others from
imminent risk of physical assault, serious bodily harm, or death, the off-duty
officer shall contact the ECC and request the assistance of on-duty personnel.
The off-duty officer shall advise the call taker of any and all information
necessary for the responding officers to locate the suspect, potential victim,
and the off-duty officer (location, physical descriptions, presence of weapons,
and any other information responding officers could benefit from).

If circumstances require the off-duty officer to take immediate action pending


the arrival of on-duty officers, the off-duty officer shall immediately identify
himself to the first on-duty officer who arrives on the scene, cooperate with
any and all direction provided, and submit to show of authority if ordered until
such time as the situation is stabilized.

GO 400.00- Code of Conduct Guidelines 23


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It is important to realize that responding on-duty personnel MAY NOT
recognize you as an off-duty officer. Therefore, you must cooperate with any
direction you are given.

 67 CHALLENGING OF LAW ENFORCEMENT AUTHORITY

“The rights of individuals to verbally oppose or challenge police action


without thereby risking arrest is one of the principal characteristics by
which we distinguish a free nation from a police state.” Houston v.
Hill, 482 U.S. 451 (1987).

Officers are reminded that the United States Constitution, First Amendment,
protects inter alia the freedom of speech. Such speech includes questioning
and even challenging law enforcement authority. This does not mean that
citizens have the right to obstruct a law enforcement officer from conducting
their lawful duties, but that obstruction can never be solely based on the free
expression of speech. Such obstruction typically requires an overt act that
goes beyond mere words.

“There is widespread misunderstanding of police authority to arrest


individuals who passively or verbally defy them. There is abundant
evidence that police overuse disorderly conduct and similar statutes to
arrest people who “disrespect” them or express disagreement with
their actions. These abusive arrests cause direct and significant harm to
those arrested and, more generally, undermine the appropriate balance
between police authority and individual prerogative to question the
exercise of that authority”. 1

The arrests that fall within the category outlined above are considered
“contempt of cop” arrests. Such arrests, and the behavior that supports and
condones them, are not only hereby a violation of departmental policy, such
behavior is inconsistent with our public duties and responsibilities, and
contrary to law. Officers who engage in such behavior may be subject to
liability and separation from employment.

In addition to “contempt of cop” arrests, there is the potential for yet another
form of improper and unconstitutional behavior, the “cover” arrest.

A cover arrest helps to justify or otherwise explain an officer’s use of force or


other exercise of authority where there may have been no legitimate
justification for that exercise of authority. Like “contempt of cop” arrests,
such behavior is inconsistent with policy, public expectation, and law.

 68 CODE OF SILENCE

1
Disorderly (mis) Conduct: The Problem with Contempt of Cop Arrest, by Christie Lopez, June 2010.

GO 400.00- Code of Conduct Guidelines 24


Rev: 10/07/2019
A code of silence refers to affirmative acts or omissions by an agency or its’
membership which insulate and protect its employees from accountability and
criticism.

Departmental personnel who knowingly and willfully take action with the
intent to insulate and protect employees from accountability for unlawful and
inappropriate actions will be subject to adverse personnel action, to include
separation from employment.

The notion of a code of silence within the Charlottesville Police Department is


inconsistent with policy, law, and the values of the policing profession.
Condoning or otherwise participating in such conduct will result in separation
from the department.

69 ABUSE OF AUTHORITY

Departmental personnel shall not use their official position or their lawful
authority for personal gain or in any manner that is inconsistent with
departmental policy or law.

Using one’s official position or lawful authority to acquire goods or services,


to access law enforcement records or criminal justice indices for personal use,
or in a manner with the intent to threaten, intimidate, or harass others is
strictly prohibited and could result in criminal, civil, and administrative
sanctions.

 70 MALFEASANCES, MISFEASANCE AND NONFEASANCE OF DUTY

Malfeasance is the performance by a public official of an act that is legally


unjustified, harmful, or contrary to law, or especially wrongdoing of an act in
violation of a public trust.

Misfeasance is the performance of a lawful act in an illegal or improper


manner; specifically, the performance of an official duty in an improper or
unlawful manner, or with an improper or corrupt motive.

Nonfeasance is the failure or omission to do something that should be done or


especially something that one is under a duty or obligation to do.

Members of the department are forbidden from all forms of malfeasance,


misfeasance and nonfeasance as all will detract from the public trust in the
profession of policing and the government in general.

GO 400.00- Code of Conduct Guidelines 25


Rev: 10/07/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 06-02


BIASED BASED POLICING Date: August 8, 2019
VLEPSC Number: ADM.02.05, OPR.07.04 Manual Number: 400.05
Effective Date: August 8, 2019
Authorization: Chief R.M. Brackney Review Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to patrol in a proactive manner, to


aggressively investigate suspicious persons and circumstances, and to actively enforce
the motor vehicle laws of the City of Charlottesville and the Commonwealth of Virginia.
The Charlottesville Police Department insists that citizens will only be stopped or
detained when there exists reasonable suspicion to believe that they have committed, are
committing, or are about to commit a violation of the law.

II. PURPOSE

The purpose of this policy is to unequivocally state that biased-based policing in law
enforcement is unacceptable. This policy shall provide guidelines for officers to prevent
such occurrences and to protect our officers from unwarranted accusations when they act
within the dictates of the law and departmental policy.

III. DEFINITIONS
A. Biased-Based Policing - The detention, interdiction, or other disparate
treatment of any person on the sole basis of their racial, ethnic status, or
characteristics.
B. Reasonable Suspicion - Also known as articulable suspicion. Suspicion that is
more than a mere hunch, but is based on a set of articulable facts and
circumstances that would warrant a person of reasonable caution in believing that
an infraction of the law has been committed, is about to be committed, or is in the
process of being committed by the person or persons under suspicion. This can be
based on the observations of a police officer combined with their training and
experience, and/or reliable information received from credible outside sources.

IV. DISCUSSION

GO 400.00 - Biased-Based Policing 1


Rev: 08/09/2019
A fundamental right guaranteed by the Constitution of the United States to all who live in
this nation is the right to equal protection under the law. Along with this right to equal
protection is the fundamental right to be free from unreasonable searches and seizures by
government agents. Citizens are free to walk and drive our streets, highways, and other
public places without police interference so long as they obey the law. They also are
entitled to be free from crime, from depredations of criminals, and to drive and walk our
public ways safe from the actions of reckless and careless drivers.

The Charlottesville Police Department is charged with protecting these rights, for all,
regardless of race, creed, color, ethnicity, sex, sexual orientation, physical handicap, or
religion.

Because of the nature of our business, law enforcement officers are required to be
observant, to identify unusual occurrences, and enforce violations of the law. It is this
proactive enforcement that keeps our citizens free from crime by apprehending criminals.

This policy is intended to enhance the Charlottesville Police Department in


accomplishing this mission in a way that respects the dignity of all persons and yet sends
a strong message to potential lawbreakers that if they violate the law, they are likely to
encounter the police.

V. PROCEDURE
A. The Department’s efforts will be directed toward assigning officers to those areas
where there is the highest likelihood crime will be reduced and/or prevented by
proactive patrol.
A. Officers will receive initial and ongoing training in proactive enforcement
tactics, including training in officer safety, courtesy, cultural diversity, laws of
search and seizure, and interpersonal communication skills.
B. Training programs will emphasize the need to respect the rights of all citizens
to be free from unreasonable government intrusion or police action.
C. Traffic enforcement will be accompanied by consistent, ongoing supervisory
oversight to ensure that officers do not go beyond the parameters of reasonableness
in conducting such activities.
D. Motorists and pedestrians shall only be subjected to stops, seizures, or
detentions upon reasonable suspicion that they have committed, are committing, or
are about to commit a law violation.
E. Appropriate enforcement action should always be completed, generally in the
form of a warning, summons, or arrest.
F. No motorist, once cited or warned, shall be detained beyond the point where
there exists no reasonable articulable suspicion of further criminal activity, and no
person or vehicle shall be searched in the absence of probable cause, a warrant, a
valid warrant exception, or the violator’s voluntary consent. Officers will rely on a
minimum standard of reasonable articulable suspicion when requesting voluntary
consent to search a vehicle subsequent to routine traffic stops. Reasonable

GO 400.00 - Biased-Based Policing 2


Rev: 08/09/2019
articulable suspicion shall also be the minimum standard required to conduct a K-9
sniff subsequent to routine traffic stops.
G. If the police vehicle is equipped with a video camera and the officer has been
trained in its use, the video and sound should be activated prior to the stop to
record the behavior of the vehicle or person and should remain activated until the
person is released. The procedures under General Order 541.10 Mobile Video
Recording Systems shall be followed.
H. The deliberate recording of any misleading information related to the actual or
perceived race, ethnicity gender, or sexual orientation of a person stopped for
investigative or enforcement purposes is prohibited and cause for disciplinary
action, up to and including dismissal.
9. If the Department provides public information pamphlets to officers regarding
the purposes of proactive enforcement, officers may distribute the pamphlet to
each person subjected to such activities, whenever appropriate.
B. Complaints of Biased-based policing
A. Any person may file a complaint with the Department if they feel they have
been stopped, detained, or searched based on racial, ethnic, or gender-associated
policing. No person shall be discouraged, intimidated, or coerced from filing such
a complaint or discriminated against because they filed such a complaint.
B. All Biased-based policing complaints received by the Charlottesville Police
Department shall be handled in accordance with General Order 517.01 – Internal
Investigations and Citizen Complaints.

GO 400.00 - Biased-Based Policing 3


Rev: 08/09/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 53-99


PERSONAL APPEARANCE, CIVILIAN CLOTHING,
Date: August 8, 2019
JEWELRY, TATTOOS, AND GROOMING
VLEPSC Number: Non - Standard Manual Number: 400.15
Effective Date: August 8, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department that the personal appearances of
each employee project and meet a uniform and professional standard.
II. PURPOSE
The Charlottesville Police Department recognizes that its employees are the most visible
and recognized component of the government of the City of Charlottesville. This
directive provides guidelines for personal appearance and grooming that project trust,
confidence in capabilities, safety, approachability, and professionalism in appearance.
III. DEFINITIONS
Tattoo - means and includes any mark, symbol, figure, design or pattern created or
fixed upon the body, whether temporary or permanent in nature, by means of:
insertion of pigment on or under the skin; intentional scarring or burning of the
skin; or by foreign objects inserted under the skin.
Prohibited Tattoo -
1. A tattoo in a visible location on the head, face, neck, ear(s), scalp, hand(s) or
finger(s);
2. a tattoo that depicts, describes or refers to any sexual conduct, sexual act,
sexual organ, or nudity;
3. a tattoo that depicts, describes, refers to, symbolizes, or promotes any
hatred, violence, discrimination or harassment based on race, color, religion,
sex, sexual orientation, national origin, or political belief; and
4. a tattoo that symbolizes, is commonly associated with, or is known to
signify membership in any organization or group which advocates or
engages in violence, hateful actions, or discrimination or harassment against
any persons on the basis of race, color, religion, sex, sexual orientation,
national origin, or political belief.

GO 400.15 – Personal Appearance, Civilian Clothing, Jewelry, Tattoos and Grooming 1


Rev: 08/06/2019
IV. PROCEDURE
A. Haircuts- Males
1. Male members of the Department shall keep their hair reasonably close cut
and neatly groomed.
a. The hair will not present a ragged, unkempt, or extreme appearance. It
will be clean and properly trimmed at all times while on duty.
b. The fullness of the hairstyle will not exceed two inches from the scalp
nor extend more than ½ inch outward from the head beyond the outermost
edge of the ear.
c. The back may be neatly rounded or squared; however, it must be
tapered, layered, or styled to eliminate excessive fullness at the bottom of
the neckline.
2. When combed, the hair will present an even appearance and will not:
a. Reach the eyebrows;
b. protrude over the ears;
c. extend over the shirt collar in the back while in normal posture;
d. be visible under the visor of the uniform hat; and
e. interfere with the wearing of issued head gear.
3. Sideburns shall be neatly trimmed at all times and will not:
a. Extend more than ¾ way down the ear; and
b. be uneven or exceed one inch in width.
4. Mustaches must be short and neatly trimmed and must not:
a. Extend over the top of the upper lip;
b. extend beyond the corners of the mouth; and
c. be twisted or waxed.
5. Beards or goatees will not be permitted in uniform at any time. Uniform
officers shall be clean shaven when reporting for duty.
6. Conservative beards, patches and goatees may be authorized for non-
uniformed employees by their commander but shall be neatly trimmed and not
exceed ¾ of an inch in length.
a. Contentious, shocking or dramatic beards such as mutton chop,
handlebars, stubble, Dutch, etc. shall not be allowed at any time.
B. Haircuts - Females
1. Female officers will keep their hair neatly groomed and off the shoulders.
a. The hair will not present a ragged, unkempt or extreme appearance. It
will be clean and properly maintained at all times while on duty.

GO 400.15 – Personal Appearance, Civilian Clothing, Jewelry, Tattoos and Grooming 2


Rev: 08/06/2019
b. Hair that extends below the lowest part of the shirt collar will be
gathered and secured at the back of the head.
c. No decorations will be worn in the hair.
d. Devices used to hold the hair in place will be concealed as much as
possible, and will be of a color and style that blends with the hair.
2. When combed and properly maintained, the hair will present an even
appearance and will not:
a. Reach the eyebrows;
b. interfere with the officer’s vision;
c. extend below the shirt collar in the back while in normal posture;
d. be visible under the visor of the uniform hat; and
e. interfere with the wearing of the issued head gear.
C. General Provisions
1. Unless authorized by a Division Commander, all employees of the
Department shall be well groomed, neat in appearance, and clean at all times
while on duty.
2. At no times shall any officer emit any body odor or overly strong perfume.
3. Makeup will be subdued and natural in appearance if worn.
4. The wearing of hairpieces will be permitted while on duty, subject to the
following criteria:
a. Hairpieces will be permitted only for the purposes of covering natural
baldness or disfiguration; and
b. hairpieces must conform to all hair standards.
5. For safety reasons, all sworn officers issued Department firearms will keep
fingernails trimmed not to exceed 1/8 inch from the end of the finger.
D. Glasses and Sunglasses
1. Uniformed Officers glasses and sunglasses shall not be the mirrored or
reflectorized type and the frames shall be plain with no overly bright colors.
2. Uniformed Officers glasses or sunglasses will not be hung on the uniform
epaulet or the buttoned or center portion of the shirt.
3. Uniformed Officers are not to rest glasses or sunglasses on their head or
forehead.
4. For officer safety, eye or sunglass necklaces used to hold glasses around the
neck must be of a breakable design as to not allow choking.
5. Glasses or sunglasses may be held temporarily in the pen slot of the shirt, in
designed eyeglass pocket or on authorized necklace type holders.

GO 400.15 – Personal Appearance, Civilian Clothing, Jewelry, Tattoos and Grooming 3


Rev: 08/06/2019
E. Civilian Clothing
1. All employees attending court in civilian clothes will present a neat business
like appearance.
a. Male employees will wear a coat over a shirt and tie with appropriate
accessories (e.g., tie tack, lapel pin, etc.).
b. Female employees will wear a dress, skirt and blouse, or pants outfit
and appropriate accessories (e.g., broach, bracelet, etc.).
c. At no time shall clothing reveal portions of the body that may draw
attention, such as body markings, tattoos, undergarments, midriff, etc.
2. On Duty Officers
a. Officers who wear civilian clothing may follow the standards set for
employees attending court unless conflicting with the below.
b. Officers may wear business casual attire such as slacks or trousers,
collared polo-style shirts, button shirts or blouses with subdued or relaxed
patterns.
c. Flat bottom shirts utilized to conceal a firearm are approved as long as
they present a neat and pressed appearance.
d. Employees shall not wear shorts, denim pants, t-shirts, athletic
sneakers, sweatshirts, or sleeveless shirts unless approved under
exceptions below.
e. If other dress is permitted because of work assignments, the
commanding officer of the affected division will determine the appropriate
dress.
3. On Duty Civilians
a. Employees may wear business casual attire such as slacks or trousers,
dresses, skirts, capris, collared polo-style shirts, button shirts or blouses
with subdued or relaxed patterns, and all issued civilian clothing.
b. Employees shall not wear shorts, denim pants, t-shirts, athletic
sneakers, sweatshirts, or sleeveless shirts unless approved under
exceptions below.
c. If other dress is permitted because of work assignments, the
commanding officer of the affected division will determine the appropriate
dress.
F. Tattoos, Body Markings, and Piercings
1. Employees may appear on duty or in uniform with visible tattoos. A tattoo
that is not a prohibited may extend over or under a sleeve or collar.
2. All other tattoos must be covered entirely by a standard-issue uniform, or a
band or bandage designed for such covering.

GO 400.15 – Personal Appearance, Civilian Clothing, Jewelry, Tattoos and Grooming 4


Rev: 08/06/2019
3. On and after October 10, 2015: no person shall be hired if such person has a
prohibited tattoo, and no person who is employed prior to October 10, 2015 shall
obtain any new tattoo that is a prohibited; any such employee discovered to have a
prohibited tattoo may be subject to disciplinary action, up to and including
termination.
4. At no time shall any body piercings, gauging of ears, tongue, nose or septum,
be visible while on duty. All body piercing jewelry must be removed while the
employee is on duty or in uniform with the exception of one pair of stud earrings
for female employees only (see below). Commanders may allow exception for
special operations.
G. Chains, Necklaces, Earrings, Tie Pins or Clasps and Rings
1. Sworn Officers on duty shall not wear chains or necklaces unless the chain or
necklace is kept under the shirt and out of sight.
2. Non-sworn civilian employees may wear up to one chain visible while on
duty.
3. All male employees shall not wear earrings while on duty except when
working a special assignment or with the approval of the Chief of Police.
4. Sworn female members of the Department while on duty may wear one post
earring in each ear.
5. An earring, when worn, must be a post type not to exceed ¼ inch in diameter.
a. Dangling or hoop style earrings are not permitted.
b. Non-sworn female employees may wear conservative earrings of other
styles so long as they are not longer than 1 inch in length.
6. A tiepin or clasp must not be larger than the issued nameplate.
7. One ring may be worn on each hand (for purposes of this directive, an
engagement and wedding band set will be considered one ring).
H. Exceptions
1. In order to effectively accomplish a special assignment and/or for the Officer’s
safety, a Division Commander or the Chief of Police may waive some or all of the
provisions of this general order.

GO 400.15 – Personal Appearance, Civilian Clothing, Jewelry, Tattoos and Grooming 5


Rev: 08/06/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 0001-01


Loss or Damage to Department Issued Equipment Date: August 16, 2019
VLEPSC Number: Manual Number: 400.30
Effective Date: August 16, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to issue all necessary police
equipment to its members, however if this equipment is lost or damaged through
negligence, members of the Department may be required to pay for all or part of the
equipment's replacement cost.
II. PURPOSE
The purpose of this general order is to establish guidelines for determining responsibility
for lost or damaged equipment and establish procedures for reporting of and paying for
equipment that is lost or damaged through negligence, and department vehicles damaged
as a result of a motor vehicle accident where the employee is determined to be at fault.
III. PROCEDURE
A. Reporting Lost or Damaged Equipment
1. When certain department issued equipment has been lost or damaged, prompt
notification must be made to Department supervisors. Notification procedures will
vary for different equipment types as follows:
a. Loss or damage to a firearm or police radio - Members shall
immediately report the loss of or damage upon discovery whether on or
off duty. If the department member is off-duty, an immediate notification
shall be made by telephone to the supervisor or shift commander.
Members shall then, within three working days, submit a written
memorandum to their immediate supervisor.
b. Loss or damage to all other issued equipment - Members shall, within
three working days, submit a written memorandum to their immediate
supervisor.
c. Department vehicles – damage to department vehicles will be reported
in accordance with department General Order 542.01.

GO 400.30 – Loss or Damage to Dept. Issued Equipment 1


Rev: 08/16/2019
2. A memorandum reporting lost or damaged issued equipment shall include the
following information:
a. The type, name, manufacturer, model, size, and distinguishing marks,
etc. of the item lost or damaged;
b. a narrative which provides a description of the circumstances resulting
in the loss or damage to department equipment; and
c. a time of equipment loss/damage with specific notation as to whether
the loss or damage occurred "on-duty" or "off-duty".
3. A copy of the memorandum will be forwarded to the appropriate Division
Commander and the Budget Analyst.
4. A Case Report will be completed by the reporting member's immediate supervisor
involving loss of the following items:
a. Firearm;
b. badge;
c. police radio;
d. OC spray;
e. handcuffs;
f. baton;
g. flashlights;
h. cell Phone;
i. BWC; and
j. computer.
5. If the loss of a firearm, badge, computer, or police radio occurs outside the City of
Charlottesville, a report shall be immediately made with the appropriate
jurisdiction's police department.
B. Determination of Responsibility for Replacement Cost
1. When a Department member reports loss or damage to property requiring a Case
Report their two successive supervisors shall make a determination of negligence
and responsibility in the case of replacement cost of the issued equipment. A
memorandum documenting their decision shall be forwarded to the Division
Commander and the Budget Analyst.
When a Department member reports loss or damage to property that does not
require a Case Report, their immediate supervisor shall make a determination of
negligence and responsibility in the case of replacement cost of the issued
equipment. The supervisor shall then forward a memorandum documenting their
decision to the Division Commander and the Budget Analyst.

GO 400.30 – Loss or Damage to Dept. Issued Equipment 2


Rev: 08/16/2019
2. If it is determined by supervision that the reporting member is responsible for the
equipment's replacement cost, the Budget Analyst will send a memorandum to the
reporting member specifying the cost of the lost or damaged equipment.
3. Restitution, not to exceed two hundred-fifty dollars ($250.00) may be ordered
based on the current value of the equipment lost or damaged. A copy of this
memorandum will be sent to the reporting member's Division Commander and
their immediate supervisor.
4. Accidents involving department vehicles will be investigated in accordance with
General Order 542.01. Restitution for damage may be ordered in accordance with
General Order 517.00.
5. The reporting member shall, within three working days submit a memorandum to
their immediate supervisor specifying their intent and desired method of paying
for the lost or damaged equipment. A copy of this memorandum shall be
forwarded to the Division Commander.
C. Repayment Options and Restrictions
1. Payroll deduction will be an available method of repayment.
2. Repayment for damages or replacement costs will not require payment in excess
of $25.00 dollars per month unless a prior agreement has been made between the
Department and the reporting member.
D. Right of Appeal
1. Any decision relating to the repayment of costs for replacing lost or damaged
equipment may be appealed to the appropriate Division Commander.
IV. Damage to Personally Owned Equipment or Property
A. A department member whose personally owned equipment or property is
damaged during the performance of their official duties may be eligible for
replacement or reimbursement of costs by the department.
B. A department member requesting replacement or reimbursement of costs
associated with personally owned equipment or property damaged during the
performance of their official duties shall submit a written memorandum through
their chain of command to the Chief of Police.
C. Final decisions regarding such requests shall be at the sole discretion of the Chief of
Police.

GO 400.30 – Loss or Damage to Dept. Issued Equipment 3


Rev: 08/16/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 55-99


BADGE OF AUTHORITY, PINS, MEDALS, INSIGNIA Revised Date: 11/05/2020
VLEPSC Number: Non - Standard Manual Number: 400.35
Effective Date: 11/05/2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department that all officers are uniform in
appearance in regards to uniform insignia.
II. PURPOSE
The purpose of this directive is to standardize the badge, pins, medals, insignias and other
accessories that may be worn while on duty, either while wearing the issued Department
uniform or civilian clothes
III. DEFINITIONS
A. Pin: A decorative insignia representing an award, accomplishment or idea that is held
in place by a pin with clasp.
B. Plate: A metallic rectangular plate similar in size to, and may attach to the name tag
or be positioned just above it. Often plates may have two pins.
C. Patch: An embroidered cloth representation of the city seal, badge of authority or
other unit designation.
IV. PROCEDURE
No pins, medals, or insignia shall be worn on, or as an adjunct to, the uniform unless
authorized by this order.
A. Standard authorization is limited to:
1. The Badge
a. Supervisory officers- gold in color
b. Investigative officers- gold and silver two-tone in color
c. Uniform officers- silver in color
d. The badge shall be worn above the left shirt pocket
e. The badge must always be worn when on duty, whether on the
uniform shirt or on the belt in civilian dress.

GO 400.35 – Badge of Authority, Pins, Medals and Insignia 1


Rev. 11/05/2020
2. Rank Insignia
a. Chief of Police- Gold color eagle on shirt collar, gold cap shield, gold
embroidered brim and gold band
b. Major – Two single gold color oak leaves on shirt collar, gold cap
shield and band.
c. Captain- Two sets of joined gold color bars on shirt collar, gold cap
shield and band
d. Lieutenant- Two single gold colored bars on shirt collar, gold cap
shield and band
e. Sergeant- Three gold colored chevrons on each shirt arm, gold cap
shield and band
f. Corporal- Two gold colored chevrons on each shirt arm, gold cap
shield and band
g. Corporal of Community Service Officer- Two silver colored chevrons
on each shirt arm.
The insignia of rank must always be worn when wearing the Class “B”
or Class “A” Uniform.
3. Service stripes
a. Police Officers - one stripe is earned with each five years of
continuous service to the Department as a police officer and may be
worn on the left sleeve of the shirt, sweater or jacket.
b. Community Service Officers - one stripe is earned with each five years
of continuous service to the Department as a CSO and may be worn on
the left sleeve of the shirt, sweater or jacket.
c. CSO service shall count towards years of service as a police officer.
d. The correct number of stripes must be worn for officer’s tenure.
4. Name Plate
a. Supervisory ranks- gold in color.
b. All other ranks- silver in color.
c. Shall be worn centered on top of the right shirt pocket flap just above
the seam.
d. The nameplate must always be worn when wearing the winter,
summer, or dress Uniform.
5. “Serving Since (year)” nameplate attachment
a. Police Officers and Community Service officers with five (5) or more
years in their respective position may wear a department issued
“Serving Since (year)” nameplate attachment.

GO 400.35 – Badge of Authority, Pins, Medals and Insignia 2


Rev. 11/05/2020
6. Recognition and Award Plates:
a. The wearing of awards for Life Saving, Meritorious Police Service,
and the Medal of Valor, are optional for the uniform of the day and
may be worn on the uniform indefinitely.
i.The awarded plates shall be centered above the right pocket above
approved plates and below other approved non-rectangular pins,
such as the American flag and accreditation pin.
b. If more than one award is received, only two may be worn at one time
and they shall be placed one above the other, centered above the right
pocket above the name tag and below other approved non-rectangular
pins, such as the American flag and accreditation pin.
c. The wearing of awards shall be mandatory with the formal Class A
dress uniform.
7. Other Approved pins, medals:
a. EMT Pin;
b. Evidence Technician plate;
c. SWAT insignia pin;
d. CNT pin;
e. Field Training Officer plate;
f. Motorcycle Patrol Insignia pin;
g. Instructor Plates;
h. American Flag pin;
i. Bicycle Patrol Officer;
j. Crime Prevention Specialist;
k. Accredited Agency pin;
l. Command School plate/pin; and
m. any other award approved by the Chief of Police.
8. Only one service plate is to be worn at any one time above the nameplate and
nameplate service attachment.
a. Each should be worn directly above the nameplate. There should be
no more than ½ inch vertical space between the items.
b. The Chief of Police must approve all pins, insignia, or plates.
c. These items are not to be worn with a utility uniform bearing the
officer’s embroidered name.
9. No more than three (3) plates and/or pins may be worn above the name tag.

GO 400.35 – Badge of Authority, Pins, Medals and Insignia 3


Rev. 11/05/2020
a. An officer may use their discretion as to which pins or plates they
desire to wear.
b. The “serving since” plates may be worn in conjunction with the above
below the name tag.
10. It is mandatory to wear the following minimum devices on a uniform:
a. Badge of Authority;
b. name tag; and
c. rank insignia for supervisory personnel.
NOTE: During riot or other certain situations, the Chief of Police may
waive this portion of the mandatory wearing of the name tag.
11. City of Charlottesville Police patch on each shoulder of the uniform shirt,
jacket, or coat.
a. Subdued patches are to be utilized on SWAT and CNT uniforms.
12. The American flag, or any other emblem not previously listed, may not be
sewn to any part of the uniform. The option for the American Flag is the pin
worn above other plates above the right pocket.

GO 400.35 – Badge of Authority, Pins, Medals and Insignia 4


Rev. 11/05/2020
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 104-00


ASSIGNMENT TO SPECIALIZED POSITIONS Date: August 19, 2019
VLEPSC Number: PER.07.01 and PER.07.02 Manual Number: 400.42
Effective Date: August 19, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to provide guidelines for the assignment of Department
officers to specialized positions.
II. DEFINITION
A. For the purpose of this policy “Specialized Positions” refers to those positions of the
Department that have a function or function(s) that are not the traditional duties of a
police officer. Those specialized positions fall under:
1. Investigations Division;
a. Detective
b. Forensic Detective
c. Evidence Technician
2. Support Operations Bureau;
a. Traffic Officer
3. Administration Division; and
a. Logistical Support Officer
4. Patrol Bureau.
a. School Resource Officer
III. PROCEDURE
A. The Commanding Officer of the requesting Bureau or Unit shall request the approval
of the Chief of Police, through the appropriate Division Commander, to fill a vacancy
within their Command.
B. With the approval of the Chief of Police, the requesting Bureau Commander shall
issue an announcement to request members of the Department to submit their interest
in a transfer to the unit or bureau seeking to fill a vacancy and shall list in the
announcement the eligibility requirements for the specific position.

GO 400.42 – Assignment to Specialized Units 1


Revised: 08/19/2019
C. Members requesting consideration for transfer shall no longer be on probation and
must meet all the eligibility requirements set forth in the vacancy announcement to be
considered.
D. Members requesting consideration for transfer shall respond in the manner prescribed
by the Bureau Commander seeking to fill a vacancy.
E. The Bureau Commander or his designee will coordinate the review process, maintain
a listing of officers applying for consideration to the vacant position(s) and ensure
that each phase of the candidate assessment process is job related.
F. The Bureau Commander shall select members of the bureau to participate on the
interview panel.
1. The panel shall interview the candidates using pre-established questions and
complete an individual Candidate Interview Form on each candidate.
G. Scores from the interview will be forwarded to the Bureau Commander. The Bureau
Commander will review with the Sergeant(s) in the Bureau the names of the finalists
for input on the candidates’ demonstrated ability to perform the duties required of the
existing vacancy. The Bureau Commander may also consult with others before
making a final recommendation. Following consultation with the Bureau Supervisors
the Bureau Commander will then forward the names of three finalists in alphabetical
order along with his comments and recommendation to the Division Commander. The
Division Commander will then review the recommendation and forward it to the
Chief of Police with comments and recommendation for officer(s) selection to the
open position(s).
H. The Bureau Commander will maintain all scores, review forms, notes, and comments
on the candidates during the 12 months that the list is active. Any time during those
12 months any candidate may request from the Bureau Commander information on
their performance during the selection process. Candidates will be provided with
information of their performance and perceived strengths and weaknesses. Candidates
will not be provided with their raw score nor ranking in the process. Following the 12
month eligibility period, all information on candidates will be forwarded to the Hiring
Bureau for archiving.
I. From the process, the Department shall establish an eligibility list for assignment for
a period not to exceed 12 months. Once a name has been removed from the list by
reassignment or by candidate request, the Bureau Commander will follow the same
process using the remaining finalists.

GO 400.42 – Assignment to Specialized Units 2


Revised: 08/19/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

GENERAL ORDER Number: 129-00


PROMOTIONS Date: November 4, 2019
VLEPSC Number: PER.07.01 and PER.07.02 Manual Number: 400.45
Effective Date: Nov. 4, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

Promotions will be made on the basis of experience, education, training, competence, and
for the purpose of promoting the most qualified candidates. The Chief of Police maintains
sole authority and discretion to make promotions.

II. PURPOSE
The purpose of this directive is to provide guidelines for the promotion to the rank of
Corporal, Sergeant, Lieutenant, Captain, and Major.

III. DEFINITIONS
A. Corporal: Assists Sergeants in providing general supervision in the Patrol Division,
Support Services Division and Investigations Division. May be required to assume
all the daily duties of a Sergeant during the absence of the normal assigned Sergeant
or Supervisor. Corporals will be automatically appointed as Field Training Officers
upon promotion to the rank of Corporal. See General Order 513.10 Field Training
Officer Program for further guidelines and training requirements.
B. Sergeant: Provides general supervision, technical assistance, and administrative
control over a group of patrol officers, detectives, or investigators assigned to a
geographic area of the City or assigned to specific law enforcement tasks;
schedules; deploys and assigns personnel in accordance with department policies
and applicable service requirements; conducts roll calls or briefings; observes,
evaluates, develops, advises, and counsels personnel reference job performance;
directs tactical operations in given situations; performs law enforcement duties as
required.
C. Lieutenant: Supervises and coordinates the operations and activities of an assigned
patrol shift or operational unit; conducts periodic inspection tours of various police
department sectors observing personnel demeanor, efficiency, and general
appearance; advises and assist subordinate supervisors and officers in the
performance of their law enforcement literature, surveys agency personnel and

GO 400.45 – Promotions 1
Revised: 11/04/2019
confers with police administration to determine training and equipment needs; asses
current programs and makes recommendations as to new directions; facilitates inter
and intra department cooperation; participates in disciplinary actions; maintains
records; conducts and participates in special studies; serves on regular and special
committees; prepares recommendations to the Command Staff for operational
effectiveness and efficiency.
D. Captain: Assists in the planning, organizing, directing, and assessing programs and
activities of a Division; facilitates the coordination of bureaus, units and sections;
studies, reviews and develops operational procedures; prepares and manages
budgets; accountable for the effective and efficient use of appropriated resources;
provides guidance, development, evaluation, and counsel to subordinates;
accountable for the discipline od Department personnel; participates in the annual
training needs assessment; interrelates with other law enforcement and public safety
agencies and organizations.
E. Deputy Chief: The Deputy Chief of Police and will serve as the second Chief
Executive of the police department and will ensure the mission, vision, and values
of the Department are advanced. Additionally, the Deputy Chief of Police is
responsible for the monitoring of the Departments Strategic Plan and ensures that
subordinate members under their command are familiar with the plans, goals and
objectives. The Deputy Chief of Police is responsible for planning, directing,
coordinating, controlling and staffing all activities of the Department as directed by
the Chief of Police. They are responsible for modifying and approving all policies
and procedures of the Department at the approval of the Chief of Police. They are
responsible in completing and submitting all reports as required by law or as
directed by the City Manager or Chief of Police. The Deputy Chief of Police will
serve as Acting Chief of Police in the absence of and as directed by the Chief of
Police in accordance with General Order 320.00.

IV. ELIGIBILITY

At the time of promotional appointment, the candidate must have the following at
minimum:
1. Deputy Chief
a. Education – A Bachelor’s Degree, or higher, from an accredited college or
university.

b. Experience – Has held a senior management position (Lieutenant or Captain)


within the police department, or a like size law enforcement agency or larger, for
a period of one year or more.

c. Training - Holds a Virginia Law Enforcement certification, or is eligible to obtain


certification within six months of appointment.

GO 400.45 – Promotions 2
Revised: 11/04/2019
2. CAPTAIN
a. Education – Completed 60 credit hours from an accredited college or university
(an Associate’s Degree or higher level of education preferred).

b. Experience – In grade experience as a Lieutenant with the Charlottesville Police


Department for a period of one year or more.

c. Training - Completion of supervisory in-service staff level training is preferred.

3. LIEUTENANT

a. Education – Completed 30 credit hours from an accredited college or university


(an Associate’s Degree from an accredited college or university preferred).

b. Experience - One year as a Sergeant with the Charlottesville Police Department as


of the process eligibility date set by the Chief of Police.

c. Training- Completion of supervisory in-service staff level training is preferred.

4. SERGEANT
a. Education - Completed 30 credit hours from an accredited college or university in
a criminal justice related curriculum is preferred, but not mandatory.

b. Experience – One year service as a Corporal with the Charlottesville Police


Department as of the process eligibility date set by the Chief of Police.

c. Training - Completion of an Advanced Patrol Technique Training Course. A


First Line Supervisor Course is preferred.

5. CORPORAL
a. Education - Completion of an Advanced Patrol Technique Training Course is
preferred but not mandatory.

b. Experience - Must have completed a minimum of three (3) years of employment


as a sworn police officer within the Commonwealth of Virginia. The last 12
months must have been served consecutively as a sworn police officer with the
Charlottesville Police Department as of the process eligibility date set by the
Chief of Police. Auxiliary or reserve officer status shall not be considered in their
assessment.

GO 400.45 – Promotions 3
Revised: 11/04/2019
c. Training- Maintain proficiency in all firearms, weapons and other defensive /
tactical equipment as required by the department. Ability to understand and carry
out oral and written instructions; ability to assign, instruct and review the work of
subordinates; ability to deal firmly and tactfully with other employees and the
public.

V. PROCEDURE

A. ADMINISTRATION of the PROMOTION PROCESS

The Chief of Police or their designee shall initiate and administer the promotion process.
1. Initiation will include a written announcement of the promotion process, which shall
be provided to all eligible members of the Department.

B. ASSESSMENT of CANDIDATES ELIGIBLE for PROMOTION


1. Candidates will be accessed in two categories; a Formalized Assessment Panel(s) and
a Performance Review:
a. Formalized Assessment Panel(s)

The Formalized Assessment Panel(s) will account for 70 out of 100 possible
points and will be conducted as one means of identifying candidates most
suitable for promotion. The assessment panel will be conducted by a review
board comprised of :
1. Selected department employees or members of the same rank or higher
from internally or external agencies of the position applied for; and
2. Non-sworn community stakeholders may serve as panel members.
The Formalized Assessment Panel(s) will include the following elements:
1. Candidates will orally present their career achievements and
qualifications to the appointed interview panel(s).
Candidates will respond to a series of standardized questions or
situations posed by the appointed assessment panel(s).

2. Assessments may be situational or scenario-based.


3. Content and format will be developed under the direction of the Chief
of Police.
4. It will be at the discretion of the appointed assessment panelists to ask
follow-up questions in order to clarify points made during a
candidates’ response.

GO 400.45 – Promotions 4
Revised: 11/04/2019
5. Candidates will be scored in each category on a 1 to 5 scale with a
maximum possible evaluation of 35 points (total of categories) per
assessment panel(s). Categories will consist of but not be limited to the
following:
a. Knowledge of Substantive and Procedural Law
b. Knowledge of Police Tactics
c. Knowledge of Department Policies and
Procedures
d. Supervisory Skills and Ability
e. Problem Oriented Policing
f. Command presence
g. Oral articulation
6. Panelists will individually score candidates. The separate evaluations
will be averaged to produce the raw score.
a. Any time limits imposed upon a candidates’ response will be
universally applied to all candidates participating in that
promotional process, and communicated by the board to each
candidate prior to posing questions.
7. Candidates competing for Captain will be interviewed by the Chief of
Police and Deputy Chief.
8. Candidates competing for Deputy Chief will be interviewed by the
Chief of Police.
9. In administering the process, the promotion process administrator will
monitor all of the process elements to ensure that they are job related.

b. Performance Review

Candidates for promotion to Deputy Chief and Captain will have their work
performance and their promotional potential formally reviewed and assessed by
the Chief of Police. Candidates for promotion to Lieutenant, Sergeant and
Corporal will have their work performance and their promotional potential
formally reviewed and assessed by supervisory staff at least one rank above the
position for which the candidates have applied. The performance review will
account 30% of the total score or 30 out of 100 possible points. The purpose of
the performance review board will be:

GO 400.45 – Promotions 5
Revised: 11/04/2019
1. To assess all candidates’ promotional abilities which are based upon
review of candidates’ prior work performance and skills
demonstration, in an objective and consistent manner.
2. To force rank all candidates for promotion based upon the board’s
promotional skills assessment.

C. EXPERIENCE / EDUCATION POINTS

1. Corporal candidates will receive 1 point for 5 years of Charlottesville Police


Department Service
Maximum attainable points: 1
2. Sergeant candidates will receive 1 point for 5 years of Charlottesville Police
Department service and 1 point for an Associate’s Degree (or higher)
Maximum attainable points: 2
3. Lieutenant candidates will receive 1 point for 5 years of Charlottesville Police
Department service and 2 points for 10 years of Charlottesville Police Department
service. Lieutenant candidates will also receive one point for an Associate’s Degree
(or higher)
Maximum attainable points: 3
4. Captain candidates will receive 1 point for 10 years of Charlottesville Police
Department service and 2 points for 15 years of Charlottesville Police Department
service. Captain candidates will also receive one point for an Associate’s Degree and
3 points for a Bachelor’s Degree (or higher)
Maximum attainable points: 5
5. Deputy Chief candidates will not receive any additional points past the structured
interview and the performance review. In promoting a candidate to Deputy Chief, the
Chief of Police will base their decision fully on which candidate is best suited for the
position.

a. Upon completion of all categorical phases of assessment, the candidate’s


scores will be tabulated with the percentage values applied accordingly.

30% Performance Review


70% Formalized Assessment
+ Education / Experience Points
= Final Score
b. The summation of the categories will become the candidates’ final score.
Candidates will be ranked in numerical order (highest to lowest).
Individual assessment results including rank position will be handled
confidentially.

GO 400.45 – Promotions 6
Revised: 11/04/2019
c. Test scores or assessment results will not be posted for general inspection.

D. ELIGIBILITY LIST

1. The ranked eligibility lists of candidates shall remain effective for a period of 1 year.
2. The Chief of Police will retain the authority to expire, or to extend the existing
promotional roster for up to an additional year.
3. A new promotion selection process shall be established and conducted for future
promotion(s) that occur after the current eligibility period has expired.
4. The Chief of Police has sole authority to and discretion to make promotions and may
promote any of the top 5 candidates on the eligibility list regardless of their ranking.
Nothing in this promotion procedure will be deemed as binding upon the decisions on
promotions by the Chief of Police.
5. All promotions will be subject to a 6 month probationary period.

E. CANDIDATE REVIEW OF THE PROMOTION PROCESS

1. The candidate can review each phase of the promotion process at the completion
of the process by making an appointment for review with the Promotion Process
Administrator.
2. Candidates wanting a review shall submit a written request to the Promotion
Process Administrator to review the results of their promotion process.
3. Candidates requesting to review their promotion file jacket shall be provided with
their promotion file jacket. The review shall take place in the Department and will be
monitored by the Promotion Process Administrator or a designee. The candidate may
take notes on the contents of their file, but shall not make duplicate copies of the
documents.
4. Scores from the supervisor’s evaluation, Assessment Panel forms and Interview
audio/video recordings (if any) will be forwarded to the Chief of Police.
5. The Chief of Police will maintain all scores, review forms, notes, comments and
audio/video recordings (if any) on the candidates until the promotional
appointment(s) have been made. The Chief of Police will provide each candidate with
information on their performance and perceived strengths and weaknesses. The Chief
of Police reserves the right to provide to each candidate copies of interviewer
comment forms, a copy of their interview video (if any) and any other information the
Chief deems appropriate to assist in developing the candidate’s skills. Candidates will
not be provided with their raw score nor ranking in the process. Following the
promotional process, all information on candidates will be maintained in the Office of
the Chief of Police.

GO 400.45 – Promotions 7
Revised: 11/04/2019
F. REDUCTION IN PROMOTION

1. Unsatisfactory performance during the probationary period and failure to show


improvement will be cause for revocation of the promotion. Employees in this
category may be reassigned to their former status /rank.
2. The Chief of Police will make the final determination on whether a reduction in rank
status is in order. The Office of the Chief of Police will make the necessary
notifications concerning the officers’ reduction.

G. PROCESS EVALUATION

1. The entire promotional / appointment process will be evaluated at the conclusion of a


promotional event or at the direction of the Chief of Police. The evaluation will
consider process efficiency, fairness, and alignment with current professional trends.
Deficiencies, if any, will be rectified in a timely manner.
2. The evaluation will be conducted by the Chief of Police or their designee.
All interview scores as well as all questions involved in the selection process will be
recorded and maintained on file for three years in compliance with the City of
Charlottesville Department of Human Resources. Redacted copies of these scores will
be made available to the Accreditation Manager to comply with the Standards of the
Virginia Law Enforcement Professional Standards Commission. (VLEPSC).

GO 400.45 – Promotions 8
Revised: 11/04/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect
to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 54-99


RULES AND REGULATIONS – UNIFORMS Revised Date: 11/05/2020
VLEPSC Number: PER.03.04 Manual Number: 400.25
Effective Date: 11/05/2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide sworn officers and
designated civilian personnel with the apparel and equipment required in the performance
of law enforcement functions that demonstrates a sense of pride, professionalism and
uniformity.
Department members are responsible for wearing and maintaining their uniforms in a
manner consistent with the personal appearance procedures listed in this directive. Each
member is to dress in a neat and clean manner, which illustrates police professionalism.
Only items, which are issued or hereafter approved by the Department, will be worn in
combination with the uniform.
All supervisors are to be held accountable for the appearance of the personnel under their
command. Supervisors are to ensure that officers are wearing the appropriate uniform for
their assignment, and that uniforms are neat, pressed and professional in appearance.
II. PURPOSE
The purpose of this directive is to provide the guidelines to Department personnel
regarding the wearing, maintenance, and care of uniforms and issued equipment.
III. DEFINITIONS
Quartermaster – Department member responsible for the procurement, issuance, and
inventory of uniforms, equipment, and supplies.
IV. PROCEDURE
A. Police Uniforms:
1. There are different approved types of police uniforms for sworn officers,
which are worn by Department members according to assignment and/or
specific orders. All sworn Department members shall receive the basic
issue of uniforms as a recruit. Subsequent to the original issue,
replacement items may be obtained from the Quartermaster.

GO 400.25 – Rules and Regulations – Uniforms 1


2. To obtain replacement uniforms, an officer shall complete a Uniform
Request Form, which must be approved by their Bureau Commander.
The Uniform Request Form will then be submitted to the Quartermaster for
processing.

3. Each request will be checked against the file database, which shows the
officer’s current uniform inventory and purchase request history.

B. Types of Uniforms:
1. Class “A” Uniform:
a. The Class “A” police uniform is worn at ceremonies and formal events
or other occasions as approved by the Chief of Police. This uniform
consists of the following:

i. dress trousers;
ii. long sleeve dress shirt;
iii. necktie;
iv. black dress shoes or highly shined boots;
v. Eight point hat; and,
vi. issued duty belt w/ required equipment.

b. The Class “A” uniform includes all decorations and awards, nametag
and issued badge. No whistles are to be worn with the Class “A”
uniform. The dress blouse, if issued, is optional.

c. Class “A” trousers are the all-weather trousers. The bottom edge of
the trousers will slightly touch the top of the shoes.

d. The 8 point hat with hat badge will be worn with the Class “A”
uniform.

e. Outer carrier vests are NOT authorized to be worn with the Class A
uniform unless under an emergency situation.

2. Class “B” Uniform:


a. Class “B” uniform will be worn by all officers of the department who
are serving in an administrative capacity unless otherwise directed by
the Division Commander or Chief of Police. The Chief of Police or
their designee may direct any/all officer(s) to wear the Class B
uniform for special events, functions or at any time as needed. The
Class B uniform will consist of the following:

GO 400.25 – Rules and Regulations – Uniforms 2


i. dress trousers;
ii. short or long sleeve dress shirts;
iii. black dress shoes or highly shined boots;
iv. 8 point hat;
v. issued duty belt with required equipment;
vi. issued badge and name tag; and
vii. issued duty belt with required equipment.
b. The Class “B” uniform may include decorations and awards.

c. Long sleeve dress shirts may be worn with a tie, turtle neck, or dark
navy/black colored t-shirt as weather permits.

d. Short sleeve dress shirts shall be worn with a dark navy/black t-


shirt underneath.

i. T-shirts must fit appropriately and be covered by the uniform and


only visible at the neckline.
ii. T-shirts that are visible at the neckline shall be black or the same
shade of blue as the uniform shirt or darker
e. Short sleeve shirts may be worn with the Class “B” uniform year
round to accommodate changes in temperature.

f. Wearing the 8 point dress hat, except in the following mandatory


situations, is not required and the wearing of decorations is
optional.
i. when directing traffic (parades, accidents, street closings or
detours, foot races, or fixed posts;
ii. when conducting checkpoints; and,
iii. when supervision determines that it is appropriate.

g. Outer carrier vests are NOT authorized to be worn over the Class
“B” uniform unless in an emergency situation.

h. The wearing of the baseball style cap is prohibited to wear


with Class “A” or Class “B” uniforms.

i. The Field Operations Division Commander or Chief of Police may


waive the hat requirement at any time based on extremely hot days
or nights.

j. All hats must be worn such that they face straight ahead.

GO 400.25 – Rules and Regulations – Uniforms 3


k. The issued watch cap is optional and may be worn
with the Class B (long sleeve) uniform and the “Utility” (long
sleeve) uniform.

 the watch cap must be department issued and worn with the
CPD lettering facing straight ahead and the cap pulled down so
that it fits tight to the head.

l. ALL headgear SHALL be removed when entering a building,


unless the Officer is a part of a specialized unit. E.g. Honor
Guard/Funeral Detail.

3. Utility Uniforms:
a. Sergeants and below that are working an operational position
will have the option of wearing the Class “B” uniform or the
“Utility” Uniform during their shift. Operational means working
in a non-administrative capacity, typically in a patrol function.
The Utility Uniform will consist of:

i. issued blue 5.11 tactical-lite trousers (the bottom edge of the


trousers will slightly touch the top of the shoes);

ii. issued blue short or long sleeve polo-style shirt with patches
and an embroidered cloth badge;

iii. issued/approved duty boots;

iv. issued duty belt with required equipment;

v. outer carrier vest with embroidered badge and embroidered


name tag (no pins, decorations or awards will be worn on
the outer vest).
(a) The BWC shall be worn on the outer carrier, and
(b) No more than (4) four utility carriers shall be placed on the carrier.

b. T-shirts (undershirts) must fit appropriately and be covered by


the uniform and only visible at the neckline.

c. T-shirts (undershirts) that are visible at the neckline shall be


black or the same of shade of blue as the uniform shirt or darker.

d. The wearing of the baseball style cap is authorized when


wearing the utility uniform.

e. ALL headgear SHALL be removed when entering a building.

GO 400.25 – Rules and Regulations – Uniforms 4


f. Boots shall be cleaned and polished.

g. Dress shoes, oxford style shoes and/or tennis shoes are NOT
permitted to be worn with the utility uniform.
h. The outer carrier vests will be clean at all times.

4. Training/Soft Uniform

a. Officers who are away in Department approved training or in-house


training are authorized to wear the standard issued training uniform.
The uniform will also be worn by newly hired recruits while
attending the police academy. This uniform will consist of the
following:

i. issued tan cargo pants;


ii. issued blue short sleeve polo shirt with
embroidered Charlottesville Police design;

iii. black department issued/approved boots;


iv. black belt; and,
v. baseball style cap displaying the “CPD” logo.

b. This uniform is also referred to as a “soft uniform” and can be worn


during special departmental assignments and/or duties. An
approval to wear the soft uniform for the day will be determined by
an officer’s supervisor.

c. The Training/Soft uniform is not a substitute for a utility uniform.


An outer carrier vest shall not be worn with the Training/Soft
uniform while on duty except in an emergency situation.

5. Motor Officer Uniforms

a. Officers assigned to the motorcycle unit will be issued and


authorized to wear the following:

i. summer and winter breeches with a gold stripe on each leg;


ii. long or short sleeve dress shirt;
iii. leather riding boots;
iv. leather duty belt and gear;

GO 400.25 – Rules and Regulations – Uniforms 5


v. ¾ and ½ shell helmets (officers shall wear the issued helmet,
with chinstrap secured at all times while operating a
motorcycle);

vi. leather jacket;


vii. leather gloves;
viii. daytime and nighttime eyewear; and,
ix. rain suit.

6. Bicycle Uniforms
a. Officers who are certified to ride the department bicycles will be
issued and/or authorized to wear the following:

i. bicycle pants and shorts;


ii. black padded bicycle riding pants;
iii. blue long and short sleeve shirts with patches and cloth
badge;
iv. issued bicycle shoes and jacket. Issued bicycle shoes (tennis
shoes type) will only be authorized to wear while utilizing the
bicycle;

v. issued duty belt with required equipment;


vi. web gear riding gloves;
vii. bicycle helmet (officers shall wear the issued helmet with
chinstrap secured at all times while riding a bicycle);

viii. black or navy sport socks; and,


ix. baseball caps may be worn by bicycle officers while dressed in
the bicycle uniform but not while operating the bicycle, as the
bicycle helmet is required.

7. Forensic Officer Uniforms


a. Officers assigned to the Forensic Unit or performing evidence
technician duties as appointed by the Forensic Unit shall be issued
uniforms other than the Class “A” or Class “B” or “Utility”
uniforms. The Forensic Officer uniform will consist of the
following:

i. issued blue cargo pants;

ii. winter and summer forensic shirts (the shirts may be

GO 400.25 – Rules and Regulations – Uniforms 6


embroidered with the officer’s name and “FORENSIC UNIT”
in white lettering);

iii. Department issued/approved boots; and,

iv. baseball style cap displaying the “CPD” logo.

8. Riot Control Uniform


a. All Officers will be issued Riot Control Equipment. This equipment
consists of the following:

i. a helmet with face shield;

ii. personal body armor;

iii. latex and/or leather gloves;

iv. issued gas mask in the shoulder bag carrier; and,

v. standard issued protective equipment.

b. Riot gear can be worn over any department approved uniform.

*Under special circumstances, with the approval of the Chief of


Police, there may be exceptions for additional approved uniforms*

9. Required Equipment:
a. All sworn personnel while wearing a Department issued uniform,
unless otherwise directed, are required while on duty to have the
following items in their possession:

i. issued badge and identification card;

ii. approved service weapon in an approved holster; and,

iii. issued duty belt containing the following:


(a) spare ammunition magazines in issued closed-cover
carrying case;
(b) handcuffs in issued closed cover carrier;
(c) OC Spray in issued closed-cover carrier;
(d) ASP ® Baton or PR-24 baton with issued cover;
(e) issued flashlight and issued carrier;
(f) issued radio and radio carrier;
(g) surgical gloves in issued carrying case; and,

GO 400.25 – Rules and Regulations – Uniforms 7


(h) belt keepers.

b. Members of the honor guard, funeral detail and command staff


members while in ceremonial uniform shall wear the leather duty
belt and are only required to carry their service weapon, magazine
pouch and handcuff case.

c. The Field Operations Division Commander may approve other


items for carrying on the nylon duty belts on a case-by-case basis.
Officers requesting permission to carry additional items must
submit a memo through their chain-of-command to the Field
Operations Division Commander explaining the reason and
necessity for the request. After the request has been reviewed and
approved or denied, a copy shall be provided to the Quartermaster
if the equipment was purchased by the department.

C. Other Required or Approved Equipment


1. Cell Phones
a. No cell phones shall be worn on the epaulet of the uniform shirt.
b. Personal or Department issued cell phones that are carried on the
person while in uniform shall be carried in a department-issued
case or cell phone clip.
2. Sunglasses

a. Sunglasses shall NOT be worn on top of the head.

b. Sunglasses may be worn while in uniform, but shall NOT be the


“mirrored” type.

c. Sunglasses and/or other eyewear shall NOT be carried on the


uniform shirt epaulet.

3. Socks
a. Socks for uniformed personnel shall be either solid black/dark
blue or solid black/dark blue tops with white soles. The dark blue
socks shall not be a lighter color blue than that of the trousers.

4. Coats
a. Issued winter jackets may be worn with both the Class “A” and
Class “B” uniforms.

b. Motorcycle officers may wear the issued leather jacket year round.
c. Raincoats shall be issued to all officers.

GO 400.25 – Rules and Regulations – Uniforms 8


5. Name Plates
a. Nameplates will be worn with the pins piercing the material
directly above the flap of the right breast pocket of the uniform
shirt centered above the button. The nameplate shall contain the
Officer’s first two initials and last name.

6. Badge
a. The badge shall be worn on the left side of the shirt. A metal
or cloth badge must always be affixed to the outer most
garment, but not including issued raincoats.

7. Whistle
a. All Sergeants and below in uniform, while on duty, shall have
their whistle available.

8. Gloves
a. Hi-visible safety gloves are issued for traffic direction. The
wearing of mittens is prohibited.

b. Black or blue gloves, other than those issued for traffic


direction, may be worn under the following circumstances:

i. for warmth while working in cold weather; and,

ii. for protection while conducting searches, etc.

D. Procedures for Civilian Uniformed Personnel


1. The same policies and procedures as officers will govern civilian personnel
who wear a uniform, and they shall not wear unapproved equipment.

a. All uniformed civilian personnel assigned as a CSO will wear


the dark blue Class “B” trousers with a gray shirt. The shoulder
patch will designate their position. School Crossing Guards
will wear the dark blue Class “B” trousers with white shirts. The
shoulder patch will designate their position. The ACO Officer
will wear the dark blue utility pants with tan shirts. The
shoulder patch will designate their position.

E. Maintenance of Uniforms:
1. All uniformed personnel shall wear uniforms that are clean and neatly
pressed.
2. All metal and leather items shall be kept clean and polished.
3. Uniforms that show excessive wear shall be exchanged for new items.

GO 400.25 – Rules and Regulations – Uniforms 9


4. It is the personal responsibility of each officer to clean, maintain, and
protect all issued items.

5. Whenever any part of an officer’s uniform or equipment is lost or damaged


either a report or memo shall be submitted through the officers chain of
command. A uniform request form will be approved if the equipment needs
replacement. Uniforms and equipment that is lost or damaged, through no
fault of the employee, will be replaced at no cost. If negligence is
determined on the part of the employee, the employee may be required to
replace the lost or damaged item.
(See GO 400.30 – Loss or Damage to Department-Issued Equipment)

6. Members needing to have any of the following services performed on


department uniforms will complete a Uniform Service Request Form. The
form must be submitted through the chain of command to the Quartermaster.
The Quartermaster will then return the approved form to the officer for
alterations. Approved services include:

a. repairs;
b. alterations;
c. emblem application;
d. embroidery or screen-printing; and,
e. other services approved by the Chief of Police.

7. Alterations that will not be approved include custom tailoring such as but
are not limited to tapering of shirts, shortening of sleeves and reducing
circumference of sleeves.

8. Personnel will return all issued uniforms and equipment to the


Quartermaster when they resign, retire, are separated, or for any reason
leave employment with the Department. The replacement cost for any
shortages or damaged items shall be levied against the employee before
final settlement is made.

9. Personnel shall return any items that are still serviceable that they can no
longer use (such as the wrong size, unit change, etc.) to the Quartermaster.

10. Items that have exceeded their serviceable life must be returned to the
Quartermaster for destruction.

F. Military Activation
1. Any officer who is placed on an active duty assignment for 30 days or more
will check in his issued duty weapon(s) to the Department armory for
safekeeping. The Chief of Police will consider exceptions on a case-by-case
basis.

GO 400.25 – Rules and Regulations – Uniforms 10


G. Body Armor
1. Officers shall wear body armor while engaged in uniformed field activities
including off-duty employment, unless exempted. Field activities are duty
assignments and/or tasks that place or could reasonably be expected to place
officers in situations where they would be required to act in enforcement
rather than administrative capacities. THIS IS CONSIDERED A
MANDATORY WEAR POLICY WITH LIMITED EXCEPTIONS. The
exceptions are:
a. a physician determines that an officer has a medical condition that
would preclude use of body armor. (The operational duty status of an
officer with a medical condition preventing the wearing of body
armor will be determined on a case by case basis);

b. when an officer is involved in an undercover or plainclothes


assignment, the officer’s supervisor shall determine if the use of
body armor would compromise the operation;

c. when the officer is assigned to perform an administrative function,


apart from field activities;

d. although rare, the Field Operations Commander and the Chief of


Police may suspend wear based on weather patterns and operational
concerns. During this period personal body armor will remain
readily available and will be mandatory during tactical and high-risk
operations;

e. plain clothes officers while working primarily inside the police


department or away from potentially dangerous environments; and,

f. sworn personnel while working in an administrative capacity i.e.


inside of the police department involved in non-operational activities
such as reviewing paperwork, administrative matters, or attending
meetings (All sworn officers to include the Chief of Police, who are
working an operational assignment in uniform or working in a
capacity that may expose them to an enforcement activity shall wear
a protective vest).

2. All exempt personnel shall have their body armor available while on duty.
3. Regardless of the above stated exceptions, body armor shall be worn in
the following situations by all sworn personnel including those in plain
clothes assignments:

a. high-risk entries;

b. special response team operations (CNT, SWAT, etc.);

GO 400.25 – Rules and Regulations – Uniforms 11


c. pre-planned arrests of felony suspects;

d. serving any non-administrative search warrant;

e. any pre-planned police activity which by its nature would indicate an


element of danger; and,

f. when mandated by a supervisor due to special circumstances.

4. All body armor issued by the Department will comply with the current
minimum protective standards prescribed by the National Institute of
Justice.

5. The Department shall issue body armor to all sworn personnel, and shall
replace body armor that is worn or damaged. However, the officer must pay
for any body armor that has to be replaced due to misuse or abuse by an
officer, after an investigation by the Field Operations Division Commander.

H. Care and Maintenance of Body Armor


1. Each officer assigned body armor is responsible for the proper care,
maintenance and storage of his body armor in accordance with the
manufacturer’s instructions, which also includes daily inspection for signs
of damage and general cleanliness.

2. The supervisor in charge of the Department’s firearms program shall be


responsible for maintaining the following:

a. technological advances in the body armor industry that necessitate a


change in the Department’s policies and procedures regarding the use
of body armor; and,

b. a description of weapons and ammunition currently in use and


whether or not the issued body armors can withstand their impact.

I. Department Keys
1. Employees shall have in their possession ONLY those Department keys
issued to them that are necessary to properly fulfill the duties and
responsibilities of their assignments.

2. It shall be recorded in each recruit’s permanent record that they were issued
the basic set of department keys. The Quartermaster will be responsible for
issuing and recording keys. The employee will remain responsible for these
keys throughout their career. All other keys issued to an employee, due to a
particular assignment, must be returned to the Quartermaster prior to a
transfer to another assignment. The Quartermaster shall issue to

GO 400.25 – Rules and Regulations – Uniforms 12


each recruit the basic set of Department keys consisting of:

a. one handcuff key;


b. one Police Department electronic access key; and,
c. one Police Department door key (#286).
3. It shall be a violation for any member to have in their possession any
unauthorized Department key(s), or make or have made duplicates of
Department keys without the proper authorization from the members Division
Commander.

4. Any lost or damaged keys shall be reported as directed under GO


400.30 – Loss or Damage to Department-Issued Equipment.

J. Designation of Rank
1. The Department designates rank through the use of sleeve ornamentation.
Corporals and above will wear a gold badge indicating the rank and
a gold strap on the hat. Other rank designations are as follows:

a. Chief of Police
i. gold eagles worn on each shoulder of the dress coat and on the
shirt collar;
ii. four rows of ½ inch gold braid on each sleeve of the dress coat;
and,
iii. a hat visor that will contain gold rank embroidery.

b. Major

i. gold oak leaves worn on each shoulder of the dress coat and on
the shirt collar;
ii. three rows of ½ inch gold braid on each sleeve of the dress coat.

b. Captains
i.two gold bars worn on each shoulder of the dress coat, and on
the shirt collar.
ii. two rows of ½ inch gold braid on each sleeve of the dress coat.

c. Lieutenants
i. one gold bar on each shoulder of the dress coat and on the shirt
collar.
ii. one row of ½ inch gold braid on each sleeve of the dress coat.

d. Sergeants

GO 400.25 – Rules and Regulations – Uniforms 13


i. three chevrons on each sleeve, points of which shall be “almost”
touching the bottom center of the shoulder patch.

e. Corporals

i. two chevrons on each sleeve, points of which shall be “almost”


touching the bottom center of the shoulder patch.

K. Prohibitions
1. A mixture of uniform and civilian clothing is prohibited either on or off duty.
This includes the wearing of the Department-issued baseball-style cap. Non-
identifiable uniform items may be worn with civilian clothing when officers
are arriving or leaving for tour of duty.

2. The quartermaster shall maintain specifications for uniforms and equipment.

GO 400.25 – Rules and Regulations – Uniforms 14


CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 006-03


RECOGNITION AND AWARDS PROGRAM Date: October 21, 2019
VLEPSC Number: Non-Standard Manual Number: 450.10
Effective Date: 10/21/2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

It is the policy of the Charlottesville Police Department to recognize the superior


accomplishments of its employees. This policy shall provide employees an equitable
manner for submitting and processing nominations for the awards. This recognition is not
necessarily limited to the normal hours of duty for any Charlottesville Police Department
employee nor is it limited to acts that are within the employee’s normal scope of daily
duties. An employee may be recognized for exemplary acts whether on or off duty, at the
time of an act.

II. PURPOSE

To establish an awards program for sworn and non-sworn employees of the


Charlottesville Police Department. The Charlottesville Police Department’s awards
program is designed to encourage all employees to participate in a formal recognition
process. Nothing in this order shall preclude a supervisor from issuing verbal or written
praise to an employee for performance or specific acts that do not meet the criteria set
forth for the awards defined in this order.

III. DEFINITIONS

A. Appropriate Supervisor: shall be a supervisor who was either present or has first-
hand knowledge of the exemplary act being nominated. In situations where there
was neither a supervisor present, nor a supervisor with first-hand knowledge of the
act being nominated, the officer’s immediate supervisor shall be deemed the
appropriate supervisor.

GO 450.10 –Recognition and Awards Program 1


Revised 10/21/19
B. Gift Certificates: A gift certificate in a standard amount determined by the Chief of
Police to supplement certain awards received by Department employees. Generally,
gift certificates will be obtained from a local eating establishment.

C. Officer/Employee of the Month: Award provided to sworn and non-sworn personnel.


Every month there will be up to four Officer/Employee of the Month awards issued
out. Any employee may nominate an officer or employee to receive the
Officer/Employee of the Month Award based on outstanding performance of the
officer or employee nominated. This could be from a single incident or from overall
performance of the nominee throughout the month or longer. All nominations will
be presented by the respective Division Commander at a Command Staff meeting.
Those submitting nominations shall fill out the CPD Nomination Form in its entirety
and forward it to the Chief’s office through their chain of command. This award
shall consist of an award certificate and gift certificate.

D. Officer/Employee of the Year: Award provided to sworn and non-sworn personnel.


Once a year, the Command Staff will review all the Officer and Employee of the
Month award recipients from the previous year and select one officer from that list to
receive the Officer of the Year award. The Officer of the Year recipient will receive
an award certificate and a $500.00 monetary award. In addition, the employee may
be nominated to represent the police department in a formal City awards ceremony if
recommended by the issuing supervisor based on the level of the employee’s actions.

E. Commendation Award: Award provided to sworn and non-sworn personnel. It shall


be given only in cases where employees who have performed their duties in a
manner which surpasses that which is normally expected. This award shall consist of
an award certificate, and a letter of commendation from the employee’s supervisor.
Based on the level of the employee’s actions, the award may also include a gift
certificate if recommended by the issuing supervisor and approved by the Chief of
Police. In addition, the employee may be nominated to represent the police
department in a formal City awards ceremony if recommended by the issuing
supervisor based on the level of the employee’s actions.

F. Life Saving Award: Award provided to sworn and non-sworn personnel. It shall be
given only in cases where the employee was considered instrumental in directly
contributing to the saving of a human life. This award will consist of an award
certificate, a letter of commendation from the Chief of Police, and a pin that may be
displayed on the uniform. In addition, the employee will be nominated to represent
the police department in a formal City awards ceremony.

G. The Meritorious Police Service Award: Awarded to a department member who, in


the line of duty, distinguishes himself or herself by the performance of an act of
courage involving significant personal hazard in protecting or saving human life, or
a similar act which is necessary to effect an arrest or prevent an escape of a person
who committed an act which seriously exposed any person to death or serious
physical injury. Further, the Meritorious Police Service Award may be awarded to a
member of the department for performing a highly creditable and unusual police-

GO 450.10 –Recognition and Awards Program 2


Revised 10/21/19
related task. This award will consist of an award certificate, a letter of
commendation from the Chief of Police, and a pin that may be displayed on the
uniform. In addition, the employee will be nominated to represent the police
department in a formal City awards ceremony.

H. Medal of Valor: The highest award bestowed by the Charlottesville Police


Department and may be awarded to sworn and non-sworn personnel. It shall be
awarded only in exceptional cases where an employee who willing and selflessly
distinguish themselves through an act of courage, involving risk of imminent serious
personal injury for the purpose of saving or protecting human life. This award will
consist of an award certificate, a letter of commendation from the Chief of Police,
and a pin that may be displayed on the uniform. In addition, the employee will be
nominated to represent the police department in a formal City awards ceremony.

I. The Purple Heart Medal: Awarded to a department member who sustains a serious
physical injury as a result of hostile behavior by another using a deadly weapon or
dangerous instrument; or posthumously to a member of the department who is killed
in the performance of duty; or under conditions wherein an award of the Medal of
Valor or Meritorious Police Service Award has been made for the act wherein the
serious physical injury was sustained by any means. The department member will
receive a certificate and be issued a Purple Heart medal.

IV. PROCEDURE

A. An employee of the Charlottesville Police Department may be nominated for an


award by a supervisor, fellow employee, or self-nomination.

1. Supervisor’s Nomination

a. A supervisor may nominate an employee for an award by submitting a


nomination form, along with appropriate supporting documentation, to
the appropriate Division Commander/Director through the supervisor’s
chain of command.

b. The appropriate Division Commander/Director shall submit the award


nomination to the Chief of Police for approval, along with a written
recommendation as to the type of award and to whether a gift
certificate should be presented.

c. The Chief of Police shall then forward the nomination form containing
his decision in writing, along with award file, to the appropriate
Division Commander with the materials needed to present the
approved award(s).

d. The appropriate Division Commander shall coordinate the notification


and issuance of the approved award to the honored employee.

GO 450.10 –Recognition and Awards Program 3


Revised 10/21/19
e. If recognition during a City awards ceremony is sought for the
employee, the appropriate Division Commander shall be responsible
for nominating the employee and submitting the award information to
the City Manager’s office.

f. The Chief of Police shall have final authority over the type of award
and recognition received by the employee.

g. Upon presentation of the award(s), the completed award packet


containing all supporting documentation and copies of awards shall be
forwarded to the Office of Professional Standards for filing.

2. Employee Nomination

a. An employee may nominate their self or another employee by


submitting an award nomination form (CPD-021) to their immediate
supervisor.

b. The assigned supervisor shall investigate the award submission and


submit a recommendation to the appropriate Division Commander
through their chain of command. If an award is recommended, the
recommendation shall include the award nomination form, and
appropriate supporting documentation. If an award is not
recommended, the submission shall include the award nomination
form, supporting documentation, and a detailed explanation.

c. The appropriate Division Commander shall submit the award


nomination to the Chief of Police for approval, along with a written
recommendation as to the type of award and whether a gift certificate
should be presented.

d. The Chief of Police shall forward the nomination form containing his
decision in writing, along with the award file, to the appropriate
Division Commander. That Division Commander shall coordinate the
notification and issuance of the approved award to the honored
employee.

e. If recognition during a City awards ceremony is sought for the


employee, the appropriate Division Commander shall be responsible
for nominating the employee and submitting the award information to
the City Manager’s office.

f. The Chief of Police shall have final authority over the type of award
and recognition received by the employee.

GO 450.10 –Recognition and Awards Program 4


Revised 10/21/19
g. Upon completion of the process, the nomination file containing all
documentation shall be forwarded to the Office of Professional
Standards for filing.

B. Press Release

1. A press release may be prepared and circulated to the news media


summarizing the manner in which the recipient earned the Life Saving Award,
The Meritorious Police Service Award, or the Metal of Valor. A copy of the
press release may be released to the employee’s hometown newspaper. A
copy of the press release shall become a permanent part of the nomination file.

2. All awards shall be posted on the police department personnel bulletin board
for 30 days following the issuance of an award.

D. Wearing of Pins

1. The wearing of awarded Life Saving, Meritorious Police Service, and Metal
of Valor pins is optional for the uniform of the day and may be worn on the
uniform indefinitely. The awarded pins shall be centered above the right
pocket above approved plates and below other approved non-rectangular pins,
such as the American flag and accreditation pin.

2. One awarded pin each for Life Saving, Meritorious Police Service, and the
Metal of Valor may be worn on the uniform at any one time. These pins shall
be placed above one other, centered above the right pocket above approved
plates and below other approved non-rectangular pins, such as the American
flag and accreditation pin.

3. The wearing of awarded pins shall be mandatory with the formal Dress
Uniform.

GO 450.10 –Recognition and Awards Program 5


Revised 10/21/19
Charlottesville Police Department
Award Nomination Form

Date:

Name of Employee Nominated:

Date and Time of Incident:

Location of Incident:

IBR# (if applicable):

Nominated by:

Award Type Nominated: Officer of the Month Award Non-Sworn Employee of the
Month Award Commendation Award Life Saving Award Meritorious Police
Service Award Medal of Valor Purple Heart Medal Award

Employee completing form must complete a written summary of incident:

GO 450.10 –Recognition and Awards Program 6


Revised 10/21/19
(Official Use Only)

Reviewing Supervisor: ____________________________ Title: __________ Date: _______________

Recommended Not Recommended

Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Unit Commander: ________________________________ Title: __________ Date: _______________

Recommended Not Recommended

Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Division Commander: __________________________________________ Date: _________________

Recommended Not Recommended

Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Chief of Police: __________________________________________ Date: _________________

Approved Disapproved

Award Type: Officer of the Month Award: Non- Sworn Employee of the Month Award
Commendation Award Life Saving Award Meritorious Police Service Medal of Valor
Purple Heart Medal

Gift Certificate (Amount: $______) City Council Award Submission

GO 450.10 –Recognition and Awards Program 7


Revised 10/21/19
GO 450.10 –Recognition and Awards Program 8
Revised 10/21/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-02


COMMAND ADVISORY BOARD Revised: NEW
VLEPSC Number: Non-Standard Manual Number: 450.00
Amends: Effective Date: Nov. 10, 2020
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of the Chief of Police of the Charlottesville Police Department to be aware
of and to proactively address all concerns and misperceptions of the employees of the
department in an effort to create the best working conditions possible.

II. PURPOSE
The purpose of this directive is to provide guidelines for the establishment and operation
of a Command Advisory Board (CAB) to assist the Command Staff in recognizing and
addressing issues and concerns of the rank and file employees of the police department.
This policy is not to be used to circumvent normal reporting procedures and or the chain
of command.

III. DEFINITIONS
A. Command Advisory Board – The CAB is a fifteen (15) member board comprised of
rank and file police employees. The board consists of a Chairperson, individual
representatives of Operations, Investigations, Support Services, and Administrative
Services. This board will receive, compile, discuss and then forward issues that affect
the police employees to the Assistant Chief of Police, who will regularly advise the
Chief of Police concerning all matters. The CAB also receives feedback and other
communications from the Chief, Assistant Chief, and other Command Staff members,
that shall be delivered to the rank and file of the police department in a timely
manner.
B. Mission Statement – The mission of the CAB is to allow the rank and file to have
input and offer solutions to issues raised, as well as to facilitate effective two-way
communication between Command Staff and all department employees.

IV. PROCEDURE
A. Goals of the Command Advisory Board are to:
1. Advise Command Staff of the opinions, concerns and priorities of the rank
and file police employees;

GO 450.00 – Command Advisory Board 1


2. Communicate the reasoning, rationale and opinions of Command Staff back to
the rank and file police employees;
3. Build trust and enhance working relationships within the police department;
4. Improve morale and other working conditions within the police department;.
5. Foster the free exchange of ideas while addressing inaccurate communications
and perceptions within the police department; and
6. Recommend potential remedies of opinions, concerns, and priorities
Command Staff, and to report back to the rank and file all actions taken by the
CAB, as well as the opinions, concerns, and priorities of the Command Staff.
B. Selecting Members
1. The Assistant Chief of Police shall serve as the chairperson of the CAB. The
Chair is reportable to the Chief and will be responsible for overseeing the proper
and orderly management of the board while ensuring it fulfills its mission and
meets its goals.
2. A Co-chairperson shall be selected by a majority vote of the CAB. The co-
chairperson will act as the chairperson in the event of the chairperson being
absent or unable to attend a meeting.
3. Upon an opening on the CAB, the chairperson or their designee will send an
e-mail to the affected workgroup announcing the vacant position and request the
workgroup members to vote on a nominated representative to fill the position.
4. The chairperson will tally the results and verify the willingness of the selected
member to participate on the Board. The workgroup member with the next
highest number of votes will be contacted if the first workgroup member declines
participation.
5. The chairperson or their designee will send an email to the affected
workgroup and the current Board members announcing the newly elected
representative.
6. If no employee applies from the workgroup, the position will remain vacant
until filled.
C. Changes of Assignment
1. In the event that an employee has a change of workgroup due to reassignment,
the employee will vacate their position on the board within 30 days.
D. Length of Term
1. The length of the term is one (1) year. Employees are limited to two (2)
consecutive terms.
2. At the end of a term of office, the employee representative may reapply as the
workgroup representative. If selected by the voting method, the member will
remain the representative.

GO 450.00 – Command Advisory Board 2


3. Notwithstanding, the Chief of Police may extend any member of the Board for
any period of time.
E. Decision Making
1. A majority vote carries the decision.
F. Workgroup representation
1. The CAB is comprised of fifteen (15) employees representing various
workgroups within the department. Ideally, employees from the following work
groups will be represented:
First Shift Representatives
- 1 Officer
- 1 Corporal
- 1 Sergeant
Second Shift Representatives
- 1 Officer
- 1 Corporal
- 1 Sergeant
Third Shift Representatives
- 1 Officers
- 1 Corporal
- 1 Sergeant
Investigations
- 1 Detective
- 1 Corporal
- 1 Sergeant
Support/Admin
- 2 Civilian Representatives
- 1 Civilian Supervisor
G. Officers on the board
1. In addition to the Assistant Chief of Police serving as the Chairperson, the
board will also have a co-chairperson and a secretary as selected by the members
annually.
2. The chairperson is responsible for overseeing the proper and orderly
management of the board and ensures it meets its mission and goals. The
chairperson is reportable to the Chief of Police.
3. The co-chairperson is the primary retriever of any concerns or issues sent to
the board by any member of the police department. Concerns/Issues may be
submitted to the board by following the procedures set forth in Section I.

GO 450.00 – Command Advisory Board 3


4. The co-chairperson will maintain custody of all concerns received as well as
the minutes of all meetings.
5. The co-chairperson will act as the chairperson in the event the chairperson is
unable to attend a meeting.
6. The co-chairperson will designate a secondary receiver in their absence.
7. The secretary is a board member who volunteers and is agreed upon the board.
8. A non-voting advisor to the board on Policy and Procedure is the
Accreditation Manager, who may be called upon for clarification of policy related
issues.
H. Removal from the Board
1. All board members are representing their work group and thereby must
attempt to attend all monthly meetings of the CAB.
2. CAB members will be automatically removed if they accumulate four (4)
unexcused absences in one (1) year.
3. CAB members will also be automatically reviewed for removal if they
accumulate at least four (4) excused absences in one (1) year.
4. Excused absences are those where reasonable circumstances will not allow the
attendance of the meeting and these are brought to the attention of the chairperson
within a reasonable amount of time before the meeting.
5. Any member of the board may be removed by their chain of command for
issues not related to the board, such as for disciplinary reasons, or for patterns of
conduct detrimental to the integrity of the CAB.
I. Reporting Procedures
1. Employees of the Police Department are encouraged to bring forth all matters
that are of a concern to them or their workgroup. The CAB is not to be used to
circumvent the normal reporting procedures, such as HR or policy violations,
individual discipline related matters, or the proper chain of command.
2. To do this, the employee may report the concern using the
commandadvisoryboard@charlottesville.gov email address.
3. Concerns may also be reported verbally by requesting any board member to
report a concern to the full board, the Assistant Chief of Police and/or the Chief of
police.
4. It is requested that any issue or concerns being reported contain the following:
a) date reported;
b) details of the issue;
c) employee’s suggestion/solution; and
d) employee’s name (optional).

GO 450.00 – Command Advisory Board 4


5. Responses to submitted issues will be done through Board minutes distributed
department-wide via e-mail. The minutes will provide a brief description of the
submitted issue, the Board’s recommendation, and the Chief’s response.
J. Board Addressing Issues
1. The CAB will read and discuss each and every issue they receive with the
exception of items that may be of an internal affairs (IA) nature. These issues will
be forwarded to the Internal Affairs Unit.
2. All other items will be reviewed, and viable solutions forwarded to the Chief.
3. The Chief will review all submissions and report back to the board, either
directly or through the Assistant Chief of Police, with their decision and
reasoning.
K. Confidentiality Statement
1. The CAB will handle all matters before them as discreetly as possible. Any
sensitive information will be held in confidence. Any information that is to be
disseminated will be done so in a professional and respectful manner without any
editing or editorializing.
2. All notes, suggestions, records, or other work products may be subject to
release under FOIA.

GO 450.00 – Command Advisory Board 5


CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-07


Subject: POLICE DEPARTMENT BUILDING SECURITY Date: August 19, 2019
VLEPSC Number: ADM.16.02, ADM.25.03 Manual Number: 510.00
Effective Date: August 19, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It shall be the policy of the Charlottesville Police Department to limit departmental
access to authorized personnel only. This policy will identify who is authorized to access
the building without escort and who may enter when escorted by an authorized
individual.
II. PURPOSE
The purpose of this policy is to maintain the safety and security of all police personnel
and citizens who transact business in our facility by controlling access to the Police
Department. For all purposes of this policy, the Chief of Police shall be the official
custodian of records prepared for or in connection with the activities that are the subject
of this Policy or that are in the possession of the Police Department for purposes of such
activities.
III. DEFINITIONS
A. Police Department: is defined as that location identified as 606 East Market Street
Charlottesville, VA as well as satellite locations, including, without limitation: to
include the Forensic Office located on 7th St. NE, all parking garages in which
space is reserved for use by Police Department Personnel, and any other premises
or facility used exclusively by the Charlottesville Police Department and its
invitees.
B. Camera: refers to any device utilized for or in the collection of data in the form of
visual and/or audio recordings; the term includes, without limitation, components
of any closed circuit television (CCTV) system used to collect and store images or
sound.
C. Recording: used in this policy, refers to the data compiled and stored by a camera.
D. Designee: means an individual authorized by the Chief of Police to act on their
behalf or in their absence.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and

GO 510.00- Police Department Building Security 1


Rev. 08/19/2019
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).

GO 510.00- Police Department Building Security 2


Rev. 08/19/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-07


Subject: POLICE DEPARTMENT BUILDING SECURITY Date: August 19, 2019
VLEPSC Number: ADM.16.02, ADM.25.03 Manual Number: 510.00
Effective Date: August 19, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It shall be the policy of the Charlottesville Police Department to limit departmental
access to authorized personnel only. This policy will identify who is authorized to access
the building without escort and who may enter when escorted by an authorized
individual.
II. PURPOSE
The purpose of this policy is to maintain the safety and security of all police personnel
and citizens who transact business in our facility by controlling access to the Police
Department. For all purposes of this policy, the Chief of Police shall be the official
custodian of records prepared for or in connection with the activities that are the subject
of this Policy or that are in the possession of the Police Department for purposes of such
activities.
III. DEFINITIONS
A. Police Department: is defined as that location identified as 606 East Market Street
Charlottesville, VA as well as satellite locations, including, without limitation: to
include the Forensic Office located on 7th St. NE, all parking garages in which
space is reserved for use by Police Department Personnel, and any other premises
or facility used exclusively by the Charlottesville Police Department and its
invitees.
B. Camera: refers to any device utilized for or in the collection of data in the form of
visual and/or audio recordings; the term includes, without limitation, components
of any closed circuit television (CCTV) system used to collect and store images or
sound.
C. Recording: used in this policy, refers to the data compiled and stored by a camera.
D. Designee: means an individual authorized by the Chief of Police to act on their
behalf or in their absence.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and

GO 510.00- Police Department Building Security 1


Rev. 08/19/2019
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).

GO 510.00- Police Department Building Security 2


Rev. 08/19/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 34-99


OFF-DUTY and EXTRA-DUTY EMPLOYMENT Date: October 1, 2019
VLEPSC Number: PER.04.01, 04.02 Manual Number: 512.01
Effective Date: Oct. 1, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

Charlottesville Police employees are permitted to engage in off-duty and/or extra-duty


employment provided it constitutes no conflict of interests, complies with §15.2-1712 of
the Code of Virginia and the guidelines established pursuant to City Code § 20-7, in both
department and city directives, and does not adversely affect either the on-duty efficiency
of the employee or the image of the Department.

II. PURPOSE
The purpose of this policy is to establish guidelines for police employees engaged in off-
duty and/or extra-duty employment.

III. DEFINITIONS
A. Conflict of Interests: Conflict of Interests involves any conflict of interests as defined
by the Virginia Conflict of Interests Act or any other act that presents a conflict
between an employee’s personal interest and the policies, values, and image of the
Charlottesville Police Department as determined by the Chief of Police.
B. Off-Duty Employment: Off-Duty employment is secondary employment held by an
employee that is outside employment wherein the use of law enforcement powers is
NOT anticipated or utilized. (e.g., working in construction; sales; etc.)
C. Extra-Duty Employment: performed for compensation that involves, as part of such
employment or service, providing security, protection, or traffic control to persons or
property, especially where the use of force or the exercise of law enforcement
authority granted by the Commonwealth of Virginia and/or the City of Charlottesville
may occur.
D. House Rules: a rule that applies only among a certain group or in a certain place
(e.g., night club, bar, or restaurant).

GO 512.01 – Off-Duty/Extra Duty Employment 1


Rev: 10/01/2019
IV. PROCEDURE
A. Application Process and Authorization
1. An approved off-duty or extra-duty employment application is required for an
employee to work off-duty or extra duty employment. Any employee who desires
to engage in off-duty or extra-duty employment must complete and submit an
Off-Duty/Extra Duty Employment Request Form (CPD-901) through the chain of
command to their Division Commander, with final approval granted by the Chief
of Police or their designee. The request must be approved prior to engaging in off-
duty or extra-duty employment. This form must be completed and approved for
each employer for whom the employee intends to perform off-duty or extra-duty
employment. Any special circumstances, conditions or regulations concerning the
employment will be noted on the application or attached thereto.
2. Any Extra-Duty employment request shall require the advance completion of
the Department’s Employer Agreement form by the prospective employer
3. The prospective employer must complete all paperwork provided concerning
extra-duty employment.
4. Any on-going approval shall be valid for one (1) year from the date approved
unless otherwise revoked, altered or suspended. It is the employee’s responsibility
to be aware of their employment approval expiration date and to submit the
necessary paperwork through their chain of command prior to the expiration date
if they wish to continue the on-going assignment.
5. Employees who discontinue working for an employer shall notify their
Division Commander via email so their information can be removed from the
database described in Section V (D) of this General Order.
B. Injury/Liability
1. Police employees performing off-duty or extra-duty employment should be
aware that they are not automatically entitled to legal representation, payment of
an adverse judgement, or other benefits from the City, such as Worker’s
Compensation, for or in connection with injuries or situations arising from off-
duty or extra-duty employment.
2. Work performed in department-approved overtime projects, special
assignments, Charlottesville Public School events or other City or Department
sponsored events are deemed employment by the City of Charlottesville;
therefore, injuries sustained or situations arising during such work will be
considered duty-related and treated accordingly.
C. Denial/Revocation of Authorization
1. No police employee may operate, be an employee of, or act as an independent
contractor (for security-related purposes) for any “private security services
business”, as defined in Section 9.1-138 of the Code of Virginia. No off-duty or

GO 512.01 – Off-Duty/Extra Duty Employment 2


Rev: 10/01/2019
extra-duty employment authorization will be granted to allow an employee to
engage in such activities.
2. Police officers in probationary status are not eligible to engage in extra-
duty employment; however, officers who have been released from Field
Training status may work department overtime projects or special assignments
compensated by the City.
3. Police Employees who are employed in extra-duty employment shall not work
inside the building or at the door of:
a. Restaurants or other establishments that hold ABC retail licenses to
sell alcohol for consumption on premises.
b. This prohibition includes any other private "bottle clubs" or like
establishments;
i. This limitation shall not be construed to apply to hotels, special
events as defined by the ABC Board, or functions held on the
premises of the University of Virginia, its Alumni Association, and
any of the University's Foundations.
4. Police employees assigned to Modified Duty status shall not engage in any
extra- duty or off-duty employment that requires, or that may potentially require,
the performance of any law enforcement function, duty or activity.
5. While assigned to Modified Duty status, no police employee shall engage in
any off-duty or extra-duty employment involving any activity that has been
restricted or prohibited by a physician’s certification with respect to the
employee’s City job duties.
6. Police officers who have had their police powers suspended are prohibited to
work extra-duty employment.
7. Off-duty and/or extra-duty employment will not be permitted and may be
modified, suspended or revoked when it is determined by the Chief of Police or
the Chief’s designee to have an actual or potential detrimental effect on the
Department, or when it otherwise violates any of the policies of the Department or
the City.
8. Permission for a police employee to engage in off-duty and/or extra-duty
employment may be modified, suspended or revoked when it is determined that
the employee is violating any of the provisions of this policy, or when it is
determined by the Chief of Police that such employment is not in the best interests
of the Department or the City of Charlottesville.

V. EMPLOYEE GUIDELINES
A. Pay and Compensation Issues
1. The Chief of Police may establish a minimum hourly pay rate to be charged
for extra-duty employment.
2. Police employees are prohibited from acting as employment agents receiving
compensation for procurement of extra-duty jobs for other police employees.

GO 512.01 – Off-Duty/Extra Duty Employment 3


Rev: 10/01/2019
B. Scheduling Restrictions
1. Employees may not work any more than sixteen (16) hours of continuous
service on duty or in an extra-duty or off-duty capacity within a twenty-four (24)
hour period. Exceptions may be made by a supervisor in charge of an extended
operation that lasts more than sixteen hours. It shall be the supervisor’s
responsibility to monitor the employee for fitness for duty and rotate them out of
service if necessary.
2. Employees are expected to report for their regularly scheduled assignment in a
condition fit for duty, both mentally and physically. If it appears that an
employee’s off-duty or extra-duty employment is compromising this condition,
the employee’s permission to engage in the employment will be reviewed and
may be modified or revoked, in accordance with Section IV, C, 6 of this General
Order.
3. When an employee is absent from work due to illness, permission to work
extra-duty and off-duty employment is temporarily revoked during the
employee’s absence and until the employee has returned to duty and performed
one regular tour of duty.
C. Other Restrictions/Requirements
1. All employees working in an extra-duty and/or off-duty capacity are to act in
a professional manner, and will avoid performing tasks that tend to detract from
the professional image of the Department. All Department and City policies are to
be followed during extra-duty employment, as if the employee were working on
duty. Employees are subject to the same legal authorization and limitations as
they are while on duty, their law enforcement power is restricted to state and local
codes or ordinances. Enforcement of private rules and regulations established by
the extra-duty employer to maintain order, safeguard property or protect the safety
of occupants or other persons present on the extra-duty employer's private
property, is permitted so long as enforcement of such private rules and
regulations: (i) is within the scope of the extra-duty assignment: and (ii) is
performed in a manner that makes it reasonably clear to persons that they are not
subject to police authority for refusal to comply with the private rules and
regulations (or, in the case of a person who refuses to leave private property after
being requested to do so, an officer shall take steps that are reasonable under the
circumstances to make it clear at what point they are acting as a law-enforcement
officer rather than the property owner's representative): and (iii) encounters with
person on the extra-duty employer's premises shall be managed consistently with
an officer's training in regard to federal and state laws and constitutional
protections, as well as the standards set by policy within this Department. The
permission granted by this paragraph to allow persons working as security
personnel for extra-duty employers to enforce rules and regulation of those
employers does NOT extend to the enforcement of "house rules" inside
establishments licensed to sell alcohol.
2. No employee may refuse to respond to a request for aid from a citizen while
working any extra-duty employment.

GO 512.01 – Off-Duty/Extra Duty Employment 4


Rev: 10/01/2019
3. Officers are to handle incidents, in which they have exercised law
enforcement authority during extra-duty employment as they would on duty,
including filing proper reports in accordance with department policy.
4. No police employee at any time may solicit any person or business for the
purpose of gaining extra-duty employment and, while on duty, may not solicit for
the purpose of gaining any type of off-duty employment.
5. Police employees may not allow off-duty and/or extra-duty employment to
adversely affect or otherwise interfere with on duty readiness or performance.
6. Employees are to respond to all inquiries from their supervisors regarding the
nature and extent of off-duty and/or extra-duty employment activities.
7. A police officer engaged in off-duty and/or extra-duty employment is subject
to call-out in case of emergency, and is required to leave the off-duty and/or
extra-duty employment in such call-out. The officer shall advise the off-duty
and/or extra-duty employer of this obligation in advance.
8. Prior to reporting for work at any extra-duty employment which has the
potential for exercising law enforcement authority, the officer is to notify the
Emergency Communications Center (ECC) of the location, time and expected
duration of the extra-duty work.
9. When a situation requires that an arrest be made, the officer working any
extra-duty employment assumes an on-duty status with the Department, and must
receive supervisory approval for any additional work/overtime hours.
10. Use of department facilities, vehicles, uniforms, and equipment may not be a
required condition of any extra-duty employment without prior approval of the
Chief of Police or their designee.
11. The use of any Department vehicle while traveling to or from extra-duty
employment must be approved in writing by the employee’s Division
Commander. If a Department vehicle is needed for an extra-duty assignment, that
request should be clearly made on the request form. This approval must
accompany all documentation in the extra-duty employment file and database.
12. Officers working extra-duty employment may be armed only with a
department-approved firearm.
13. Employees who own or operate their own off-duty business must comply with
all legal requirements, including applicable business license tax and land use
requirements.
14. At no time may an employee work, or tend to any off-duty and/or extra-duty
employment matters while on regular scheduled duty. This includes employees
interrupting their normal workday to perform off-duty and/or extra-duty
employment, and then returning to normal duty.
15. In addition to the requirements of this General Order, the employee must
comply with all City of Charlottesville personnel rules and regulations pertaining
to off-duty or extra-duty employment.

GO 512.01 – Off-Duty/Extra Duty Employment 5


Rev: 10/01/2019
D. Maintenance of Off-Duty and/or Extra-Duty Employment Records
1. All approved off-duty and/or extra-duty employment information will be
entered under the employees name in the off duty employment database contained
within the RMS by a designated supervisor.
2. Upon approval or denial of off duty and/or extra-duty employment, the
employee’s Division Commander shall file the appropriate documentation within
the employee’s file.
3. The designated supervisor shall periodically submit reports to the Chief of
Police and Division Commanders containing off-duty and/or extra-duty
employment information for department members.

VI. SUPERVISORY OVERSIGHT


A. It will be the employee’s appropriate Division Commanders’ responsibility to oversee
off-duty and/or extra-duty employment activities and to take any action they deem
appropriate or necessary to ensure that employees comply with the standards and
provisions of this directive.
B. If there is reason to question the propriety or conditions of the location(s) or duties of
an employee’s off-duty and/or extra-duty employment, a random visit to, and
examination of, the site or conditions may be conducted. This function will be
assigned only to persons in supervisory positions.
C. Any complaint or allegation that either employment conditions or off-duty and/or
extra-duty employee behavior may be in violation of this General Order, will be
investigated to ensure adherence to department standards and this General Order.

GO 512.01 – Off-Duty/Extra Duty Employment 6


Rev: 10/01/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 73-99


PHYSICAL FITNESS Date: August 21, 2019
VLEPSC Number: PER.03.06 Manual Number: 513.00
Effective Date: August 21, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department subscribes to the concept that the law enforcement
profession requires a high degree of physical fitness in order to appropriately perform
quality-policing functions.

II. PURPOSE
To identify the resources that are available to Department personnel that can assist them
in attaining and maintaining a level of general health and physical fitness that is
necessary to be physically fit for duty at all times.

III. PROCEDURE
A. As part of the Department hiring/selection process, all applicants who are offered
employment are provided a medical examination and physical agility test. This
establishes a base line for future health examinations and fitness levels.
B. During basic recruit training at the local regional criminal justice training academy,
newly hired recruit officers participate in a physical training program. Recruit officers
are encouraged to continue their level of fitness throughout their professional law
enforcement career.
C. Each officer is personally responsible for their own level of conditioning and ensuring
that they are always fit for duty. As part of the City of Charlottesville’s benefit
program, a health care program is provided free of charge to all employees. Officers
are strongly encouraged to take advantage of the benefits that are provided under their
individual health care program. A discussion with the employee’s health care
provider will assist the officer in determining the appropriate timing schedule based
on his or her age and condition.
D. The City of Charlottesville’s Department of Human Resources provides employees
with a choice for enrolled participation in a number of physical fitness training
programs. Officers are encouraged to maximize their use of the facility to develop
and maintain a personal level of physical conditioning. Facility training staff

GO 513.00 – Physical Fitness 1


Rev: 08/21/2019
members are available to assist in the development of an individualized training
program.
E. All officers are encouraged to maintain a diet that is specific to the wellness and
health needs of the individual officer. It is recognized that a healthful diet in
conjunction with a regularly implemented physical fitness program contributes
significantly to the overall wellness and fitness of the individual.
F. The City of Charlottesville’s Department of Human Resources periodically schedules
a health assessment that is offered to all employees. The health assessment provides
employees with a blood pressure check, basic pulmonary examination, blood work
that includes cholesterol testing, and a health assessment evaluation. All employees
are strongly encouraged to participate in this program.
G. Further, the Department of Human Resources periodically sponsors specific health
care programs that have included dealing with stress, mammary and prostate
screening tests, flu vaccinations, etc. Specifically, the programs may be open to
officers, retirees, and or spouses covered under the City’s medical insurance program
or to the general City of Charlottesville work force.

GO 513.00 – Physical Fitness 2


Rev: 08/21/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 37-99


TRAINING - GENERAL Date: December 11, 2019
VLEPSC Number: TRN.01.01, 02.01, 02.02, 02.03, 03.01,
Manual Number: 513.05
03.02, and 04.01
Effective Date: 08/19/2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department is committed to providing comprehensive
instruction and performance-based training to all members on topics of law enforcement
tactics and procedures, policy issues, legal procedures, oral and written communication,
cultural diversity, human relations, and professional development. Each supervisor and
commanding officer will assess the professional training and development needs of their
subordinates and facilitate improvement opportunities.

II. PURPOSE
The purpose of this policy is to establish personnel development and training
responsibilities for basic and recertification requirements. The policy also establishes
administrative procedures for requesting, scheduling, attending and documenting training
activities, as well as establishing performance-based standards of evaluations.

III. DEFINITIONS
A. Intra-Department Training - Training that is usually coordinated through the
Training Bureau supervisor to address issues of a special concern to the Department
or to raise performance to a higher level of desired achievement. When practical the
Training Bureau Supervisor or Officer shall apply for DCJS certification of the intra-
department training.
B. In-Service Training - DCJS mandates 40 hours of biyearly retraining in topic areas of
legal issues, cultural diversity and career development for all sworn law enforcement
officers. In-service training is approved and certified by DCJS.
C. External Training - Training opportunities offered through other police agencies,
training agencies or institutes that may be utilized to enhance individual development
and to satisfy training or certification needs that are not available through the local
criminal justice training academy. External training often may not be pre-approved
or certified by DCJS.

GO 513.05 – Training – General 1


Rev: 08/19/2020
IV. PROCEDURE
A. The Department shall maintain membership in an approved criminal justice training
academy. The training academy shall provide entry level, in-service and specialized
training to address the needs of Department members to remain eligible for
appointment and employment.
B. New employees training - New employees of the Department shall participate in a
post-employment orientation training session of City and Department personnel
policies and procedures.
C. Recruit Officer Training
1. The Department will provide recruit sworn officers with post-employment
orientation training that includes, but is not limited to, the standard operating
procedure embodied in Department directives, tour of local criminal justice
facilities, and firearms training.
2. Recruit officers shall attend basic law enforcement entry level training at the
Department’s local Department of Criminal Justice Services approved regional
law enforcement training academy.
3. Recruit Officers will successfully complete the training academy’s basic law
enforcement entry-level curriculum in accordance with DCJS performance based
training standards. The training academy’s recruit training program shall include:
a. Compliance with the established DCJS Performance Outcomes for
Compulsory Minimum Training for Law Enforcement Officers,
b. A curriculum that is based on tasks of the most frequent assignments
of law enforcement officers.
c. Use of performance based evaluation techniques that are designed to
measure competency in the required skills, knowledge and abilities
d. All applicable legal requirements that are relevant to the performance
of duties.
4. The recruit officer shall complete their entry-level training within twelve
months of their initial employment date.
D. All sworn members of the Department shall receive yearly intra-department training
in:
1. Firearms;
2. Blood borne pathogens;
3. Response to Resistance policy; and
4. Defensive tactics, including handcuffing techniques, baton and chemical spray
E. In-service training - Performance development is the responsibility of both the
supervisor and the individual member of the Department. Each member of the

GO 513.05 – Training – General 2


Rev: 08/19/2020
Department is expected to be aware of his/her certification expiration date and to stay
current regarding the court decisions and law enforcement techniques that may affect
their job performance.
1. All sworn police officers within the Department shall successfully complete
DCJS mandated biennial training requirements of forty hours of in-service
training, which shall include career development, two (2) hours of cultural
diversity training and a minimum of four (4) hours of legal issues.
2. All sworn police officers within the Department shall be trained or at a
minimum be provided information on newly enacted laws and revisions to laws
relating to the agency’s responsibilities
3. Supervisors have the responsibility to assess the training and development
needs of their employees and to provide on-the-job instruction. They shall also
facilitate the participation of employees in formal training opportunities.
4. DCJS approved/certified training will apply towards the DCJS law
enforcement mandated biennial training requirement. The certified training may
be taken at the local regional criminal justice training academy or any DCJS pre-
approved training site.
5. In addition, DCJS certification approval training does not necessarily
accompany all requested training. In those instances where the training is not pre-
approved, DCJS training will be applied for. Upon successfully completing the
training, application shall be made to DCJS by completing DCJS Form PIC-1 and
forwarding the completed form with accompanying course description to include
an hourly course breakdown and an instructor bio to the Training Bureau
supervisor for review and action.
F. Specialized Training
Skill development shall be provided to all personnel whenever specific specialized
needs are identified, changes in personnel assignments create specific functional
training needs or when a member is promoted.
It shall be the responsibility of all specialized unit component commanders to require
all sworn personnel assigned to engage in regular and on-going training and readiness
exercises. The unit commander shall coordinate the regular and on-going training
information with the Training Bureau supervisor for entry into personnel training
records.
1. The following are identified as positions requiring specialized training:
a. First line supervisors
b. Mid-management
c. Command level personnel
d. Community Service Officers
e. Animal Control personnel
f. VCIN operators

GO 513.05 – Training – General 3


Rev: 08/19/2020
g. Breath Analysis operators
h. Canine (K-9) personnel
i. Child Abuse Investigators
j. Crime Prevention officer
k. Support Operations Bureau personnel
l. Crime Scene Technicians
m. School Crossing Guards
n. Hostage Negotiation personnel
o. Motorcycle and Bicycle Operators1
p. Speed measuring device operators (RADAR)
q. SWAT personnel
r. Investigations Bureau personnel
s. Forensic Support Specialist
t. Vice/narcotic personnel
u. Any other personnel so designated by Division Commanders
2. The training provided to personnel assigned to specialized units shall include
the following:
a. Development of skills, knowledge, and abilities particular to the
specialization.
b. Management, administration, supervision, personnel policies, and
support services of the unit.
c. Performance standards of the unit
d. Department policies, procedures, rules, and regulations specifically
related to the specialization.
e. Supervised on-the-job training
3. All of the training required by the previous section (2), except supervised on-
the-job-training, shall be accomplished prior to the member becoming actively
engaged in the specialized duties of the particular unit.
G. External Training
Any training that an employee desires to participate in shall require a Training
Request and be forwarded through their chain of command for approval. This
includes training that the employee is not seeking the department to fund. The Chief
of Police will have the final approval of all training applied for.

1
04/19/00 – IV.F.1p) – Revised [Add/Delete]

GO 513.05 – Training – General 4


Rev: 08/19/2020
Officers who attend department paid external training will be expected to teach the
training to department personnel at the conclusion of the training. This is done in an
effort to expand the training knowledge to other officers.
H. Civilian Training
1. It shall be the responsibility of the component commander to assure that
civilian employees receive proper training, and where necessary obtain the
required certification/re-certification to perform their respective job tasks. The
training, when possible, should be planned and conducted on the command level
and shall be coordinated through the Training Bureau supervisor, who shall
document the completed training in the member’s training record.
2. All newly appointed civilian personnel shall receive the following training:
a. Orientation of the Department’s role, purpose, goals, policies and
procedures
b. Working conditions, rules and regulations
c. Responsibilities and rights of employees
3. Civilian positions requiring specialized training are identified as:
a. Management Services Supervisor
b. Police Records/Office Administrator
c. Forensic Support Specialist
I. Familiarization with the VLEPSC Accreditation Process
1. The Training Supervisor will ensure that all employees receive familiarization
on the Virginia Law Enforcement Professional Standards Committee accreditation
process. This familiarization will be provided to all newly hired personnel within
a reasonable period after employment begins, to all personnel during the self-
assessment stage of accreditation/re-accreditation, and to all employees just prior
to any on-site assessment for accreditation/re-accreditation.
2. Familiarization with the accreditation process provided to the employees will
include, at a minimum:
a. A history and background of the accreditation process and the
Department’s involvement in the process;
b. The actual accreditation process;
c. The goals and objectives of accreditation; and
d. Advantages of accreditation and its impact on the Department.
J. Documentation and Training Records Management
1. The Training Bureau supervisor shall maintain all job-related Department
training records in accordance with DCJS requirements and the requirements
established by the rules of the Virginia State Library and Archives – Records
Retention. The training records shall include:

GO 513.05 – Training – General 5


Rev: 08/19/2020
a. The title of the training received;
b. Dates and hours of the training;
c. Identification of trainers or agencies presenting the course; and
d. Names of all agency personnel receiving the training
2. In addition, the Training Bureau shall keep record of the members of the
Department who are DCJS certified instructors. The information will include
name of the instructor, expiration of certification date, nature of certification
(agency or academy) and the following type of certification:
a. General Instructor;
b. Firearms Instructor;
c. Driver Training Instructor;
d. Defensive Tactics Instructor; and
e. Radar Instructor.
3. It shall be the responsibility of all members to forward a copy of any training
certificate received for the successful completion of training to the Training
Bureau supervisor. The copy shall be filed in the member’s training record.
4. All members of the Department shall be entered into the computerized record
keeping system and have a training file established wherein paper certificates,
correspondence and other training matter can be placed.
K. Request for training opportunity
1. Members requesting to attend a training session shall complete a Training
Request/Tracking Form and submit the completed form to their immediate
supervisor for review and recommendation. The form shall contain:
a. a description of the training requested. The member requesting the training
will attach the sponsor’s training announcement to the Training
Request/Tracking Form. The training announcement
attachment will include a description of the training, training dates, training
location and a telephone/fax number where the training sponsor can be
contacted;
b. if the training is conducted by any law enforcement training academy, the
member requesting to attend training shall fill out the corresponding
academy’s training registration and also attach a copy of that to their
Training/Request Tracking Form;

c. a supervisors recommendation;
d. the number of hours of officer and/or replacement overtime involved in the
an estimate of costs; and

e. shall be forwarded through the officers Chain of Command to the Training


Bureau.The Training Bureau Supervisor will then register the Officer for

GO 513.05 – Training – General 6


Rev: 08/19/2020
their approved training and notify the Officer, their Supervision and the
Commonwealths Attorney’s Office when registration process has been
completed. All hotel accomendations and travel expenses will be handled by
AP/AR/Payroll personnel.

2. Members requesting to attend specialized training costing in excess of


$2500.00 are required to sign a department contract. If a member fails to comply
with the agreement stated in the contract and does not fulfill their contractual
obligation they will be subject to reimburse the department up to the full amount
of the cost of the specialized training.
3. Travel Advance Request/Travel Expense
a. Members requesting a travel expense advance shall complete the
Travel Advance Request Form and submit the completed form, through
the Training Bureau Supervisor, AP/AR/Payroll Personnel and the
appropriate Division Commander for approval.
b. Receipts shall be kept for all travel advance expenditures and any out-
of-pocket expenses. Members incurring travel expenses shall be governed
by City of Charlottesville guidelines, which include forwarding a
completed Travel Expense Form with expense receipts to the Accounts
Payable/Receivable office within ten (10) days after the member returns to
the City.
4. Mileage Reimbursement
a. Employees using their personal vehicles for transportation to and from
a Department-approved training course shall be eligible to receive a per-
mile reimbursement by the City at the current mileage rate, however, the
employee must first contact the Logistics Unit to determine whether there
are departmental vehicle(s) available for commuting and or carpooling of
employees. Employees wishing to use their own vehicle must first receive
authorization from their immediate supervisor.
b. Mileage will be calculated as any distance driven outside of an
employee’s normal commute to their regular work area. If the distance to
the training site is less than they would normally drive to their regular
work area, then no mileage reimbursement shall be provided.
c. A completed travel expense request must be provided to the
AP/AR/Paroll Personnel at the conclusion of the training.
5. Travel Time Compensation
a. Any employee attending a Department-approved training course shall
be eligible for travel time compensation under the following conditions:
i. An employee shall be compensated for time spent travelling to
and from the site of the training course, where such travel time
exceeds the employee’s normal time spent commuting to and from
work.

GO 513.05 – Training – General 7


Rev: 08/19/2020
ii. If overnight accommodations are provided at the City’s
expense, but the employee chooses to commute from home to the
training site each day instead, then no travel time shall be
compensated, other than time spent in the initial trip to the site on
the first day, and the time spent on the return trip on the last day of
the training.
iii. Requests for travel time for training that is out-of-state or an
extended distance must be approved on a case-by-case basis.
Normally, when the department requires any such training, an
employee will be compensated only for such travel time as falls
within the employee’s normal work schedule.
L. New or non-sanctioned law enforcement Techniques, practices or equipment
applications
Members are prohibited from applying any law enforcement techniques, practices or
equipment that have not been sanctioned or approved by the Department.
1. When a member, either through Department funded training or
training/education at the member’s expense learns or becomes aware of law
enforcement techniques, practices or gains knowledge about equipment they feel
will be beneficial to themselves or the Department, the member will obtain
approval from the Chief of Police before employing such techniques, practices or
application.
2. Requests for approval of techniques, practices or equipment will be forwarded
to the Chief of Police through the member’s chain-of-command.
a. requests shall contain a complete description of the technique, practice
or equipment application
b. a description of the manner in which the requested activity or
equipment would be employed and what benefit(s) it would have to the
Department, it’s members or the community at large.
c. Member should include any pertinent information, positive or
negative, that he or she is aware of at the time of such request. Pertinent
information will include, but not be limited to, studies, copies of related
articles, manufacturer’s product information, relevant court decisions,
photos or videos.
3. The Chief of Police shall have sole approval authority for such requests and, if
approved will determine the method and extent of implementation, e.g., General
Order, Command SOP, Training, etc.
Note: Nothing in this directive is intended to discourage a member
from seeking further education or training, or to stifle change within
the Department. This directive is meant to encourage members to
seek more training and education, and then share their newly
acquired knowledge, skills and ideas. The Department recognizes
that policy is ever changing. This directive establishes methods where

GO 513.05 – Training – General 8


Rev: 08/19/2020
new skills and ideas can be evaluated and implemented through
appropriate channels.

M. Appearance
1. Department personnel attending approved training will be appropriately
attired to represent the Department in a positive way. Clothes shall be clean, neat,
in good repair and properly fitted. Each member shall practice good personal
hygiene. Appropriate attire includes:
a. Duty uniform
b. Utility uniform
c. Business attire
2. Business attire may be defined as dress pants, shirt, tie, jacket (available) for
men and slacks or dress suit, dress or skirt and blouse for women.
3. Acceptable casual business attire shall include open neck shirt with collar,
such as golf or oxford shirt, slacks and shoes for men and women may wear
casual slacks and blouses.
4. Gym or athletic wear will be appropriate only for those activities directly
related to physical or tactical training.
5. Inappropriate attire includes, but is not limited to blue jeans, shorts, very short
skirts, tee-shirts, tank tops, sweatshirts, open toe sandals, tennis shoes (unless
authorized by the instructor for special reasons)
Note: The instructor must indicate a special dress code need in the lesson
plan for inappropriate attire to be worn, e.g. physical activity to be
performed, role play, etc.

GO 513.05 – Training – General 9


Rev: 08/19/2020
CHARLOTTESVILLE POLICE DEPARTMENT

Note: This directive is for internal use only and does not enlarge an officer’s
liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense with respect to third party
claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 38-99


FIELD TRAINING OFFICER PROGRAM Date: November 05, 2019
VLEPSC Number: TRN.01.02 Manual Number: 513.10
Effective Date: 11/05/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It shall be the Policy of the Charlottesville Police Department to administer a Field


Training Officer Program for the training of newly employed police officers. The Field
Training Officer Program is a continuation of the selection process that combines in-field
training with objective evaluation to ensure that the standards of a competent law
enforcement officer are met by the new officer before certification as a permanent
employee with the City of Charlottesville.

II. PURPOSE

The Program has been developed in an effort to train new officers in accordance to the
requirement’s and standards of the Commonwealth of Virginia Department of Criminal
Justice Services and the Charlottesville Police Department. The purpose of this policy is
to establish procedures and requirements for the Field Training program.

III. PROCEDURE
A. Organization of the Field Training Officer (FTO) Program
1. The administration of the Field Training Program shall be placed in the Field
Operations Division, under the authority of the Field Operations Division
Commander and shall be organized as follows:

a. FTO Program Commander


i. Shall be a Patrol Bureau Shift Lieutenant designated by the Field Operations
Division Commander;

ii. Shall be responsible for the daily operation of the program, with the
supervision of the FTO’s being the responsibility of the Patrol Shift

GO 513.10 – Field Training Officer Program 1


11/05/2019
Commanders and designated shift FTO Sergeants;

iii. Shall be responsible for planning, directing and evaluating field training
assignments and any changes in such assignments;

iv. Shall work closely with the Field Training Program Sergeants to determine
and correct any performance deficiencies and make recommendations for
retraining, extension, release, or dismissal of a trainee to the FOD
Commander;

v. Shall be responsible to ensure that FTO Program meetings, to include a


Phase Progression Review Panel meeting at the end of each phase of
training, are held on a regular basis to provide and receive first-hand
information concerning a probationary officer's progress, as well as any
training concerns or issues;

vi. Shall periodically provide the Field Operations Commander status updates
relating to the FTO Program; to include trainee progress.

b. FTO Program Sergeant


i. Responsible for supervising the training and evaluation of probationary
personnel assigned to the Field Training Officer Program. The Field
Training Sergeant shall keep the FTO Commander informed of the progress
of the probationary officer(s) assigned to their supervision;

ii. Shall ensure that the training and evaluation processes are completed.
Various sources of information should be utilized to achieve these goals,
including, but not limited to, daily observation reports (DOR’s), oral
communications with FTO’s and shift personnel, tests, and personal
observations of probationary officer's performance;

iii. Responsible for the review of the probationary officer's Field Training Task
Checklist and the DCJS mandated B-13 check-off sheet to ensure they are up
to date, show adequate progression, and are properly filled out;

iv. Review reports written by the probationary officer serves to identify


deficiencies, in performance, knowledge, or training;

v. Monitor the overall training of probationary officer(s) assigned to his/her


supervision to ensure program standards are being met;

vi. The FTO Sergeant will review and sign all DOR’s for each trainee assigned
to their respective shift and shall meet with the FTO’s and trainee at least
twice during that same time period. At the end of each phase of progression
the FTO Officer ill document in a memorandum to the FTO Commander and
the FTO Sergeant, the trainee’s overall performance along with their

GO 513.10 – Field Training Officer Program 2


11/05/2019
recommendation for progression to the next phase of training or for
alternative action. This memorandum will be placed in the trainee's FTO file
for documentation purposes.

c. Field Training Officers

i. The FTO program will consist of corporals and a sufficient number of


alternative Field Training Officers as determined by the Field Operations
Commander based on the operational needs of the Field Operations Division;

ii. Shall be responsible for the daily training and evaluation of the probationary
officer(s) assigned to him/her;

iii. Are the essential means by which the goals of the field training program are
achieved, specifically, a law enforcement officer capable for working in a solo
assignment in a safe, skillful, productive and professional manner;

iv. Have two primary roles to fulfill; that of a police officer assuming full patrol
responsibility and that of a trainer and evaluator of probationary officers;

v. Maintain communication with assigned FTO Program Supervisor regarding


the progress and any issues pertaining to their assigned probationary officer;

vi. Maintain a high level of confidentiality with regards to probationary officer


performance;

vii. May be appointed as a mentor to the trainee while the trainee is enrolled in the
academy. If appointed, the FTO shall meet with the trainee routinely to
identify any needs or remedial training in any given area;

viii. FTO’s who are not Corporals, may be released from his/her FTO duties at the
officer’s own request, by transfer of assignment out of the Patrol Bureau, or
removal by the FTO Program Commander upon approval by the Field
Operations Division Commander.

B. Selection of Field Training Officers


1. Corporals are automatically selected as a Field Training Officer upon promotion to
the rank of Corporal.
2. The FTO Commander shall seek approval from the Field Operations Division
Commander to initiate a process to fill existing or projected non-Corporal FTO
vacancies.

3. Upon approval of the Chief of Police, the FTO Commander shall issue an

GO 513.10 – Field Training Officer Program 3


11/05/2019
electronic announcement for interested qualified candidates.

4. No candidate who has received disciplinary suspension within the previous


twelve-month period shall be eligible to apply.

5. Officers requesting consideration for transfer shall respond in the manner


prescribed by the FTO Commander seeking to fill the vacancy.

6. The FTO Commander or their designee will coordinate the review process,
maintain a listing of officers applying for consideration to the vacant position(s) and
ensure that each phase of the candidate assessment process is job related.

7. The FTO Commander will select officers and/or FTO Supervisors to participate on
the interview panel.

8. The panel shall interview the candidates using pre-established questions and
complete an individual Candidate Scoring Sheet on each candidate.

9. Scores from the interview will be forwarded to The FTO Commander. The FTO
Commander will review with FTO Sergeants for input on the candidates’
demonstrated ability to perform the duties required of the position of Field Training
Officer. The FTO Commander may also consult with others before making a final
recommendation. Once the FTO Commander has his final recommendation he will
forward the names in alphabetical order along with comments and recommendation
to the Field Division Commander. The Field Division Commander will then review
the recommendation and forward it to the Chief of Police with comments and
recommendation for officer(s) selection to the open position(s).

10. The FTO Commander will maintain all scores, review forms, notes, and comments
on the candidates during the 12 months that the list is active. After the 12 month
period the results shall be forwarded to the training office for archive.

11. Upon a selection decision by the Chief of Police, the FTO Program Commander
will notify each candidate in writing.

12. An eligibility list of qualified candidates not selected from the process will remain
in effect for a period of 12 months from the date of the oral interviews.

C. Field Training Officer Eligibility and Compensation

1. Requires a significant amount of work above and beyond an Officer’s normal


Duties;
2. must be in good standing with the department;
3. must complete the required FTO Compulsory Minimum Training Standards as

GO 513.10 – Field Training Officer Program 4


11/05/2019
outlined in Virginia Administrative Code 6VAC20-280-20 prior to conducting any
training on behalf of the department. Selected Corporals and/or FTO’s may serve
as a “provisional FTO” prior to completion of this training under emergency
circumstances only; such as an absence of any other available FTO’s;

4. Corporal’s do not receive additional compensation for their participation in the


FTO program. FTO’s will receive 1.5 hours of overtime per 10 hours of training.

D. Field Training Officer – Training and Evaluation


1. All Department Corporals and Field Training Officers shall complete a 32-hour
DCJS approved Basic Field Training Officer certification course within one (1) year
of appointment; as well as complete a DCJS approved FTO refresher course every
three years.
2. FTO’s will be evaluated by probationary officers at the completion of their
segment of training by way of an objective survey provided by the FTO
Commander.
3. FTO’s will be required to maintain a level of performance commensurate to the
position. Violations of policies and procedures, or unsatisfactory performance may
result in the FTO’s removal from the program.

E. Field Training Officer Program Guidelines

1. Probationary officers, upon graduation from basic officer training at a DCJS


approved criminal justice training academy, shall complete a 12 month probationary
period and participate in a 12-16 week Department Field Training Program. Officers
who are hired with previous law enforcement experience and who are already DCJS
certified will complete Field Training of an abbreviated length of time as determined
by the FTO Commander with consultation of the Field Operations Commander.
Upon entry into the Department Field Training Program, the FTO Commander shall
issue the probationary officer a current Field Training Manual.

2. Probationary officers will be assigned to the FTO Program for a period of 12 to 16


weeks, with three month long phases and periods of orientation training throughout
the course of the program. The total length of training may be shortened or
lengthened as needed and upon a request by the FTO Commander and approval of
the Field Operations Division Commander.

3. The probationary officer will be assigned to one of three Patrol Bureau shifts and to
a Field Training Officer. An assignment to a new shift shall also bring about the
assignment of a new Field Training Officer.

4. The probationary officer shall be assigned a Field Training Task Checklist of


required training objectives and will be required to discuss, demonstrate and
successfully complete each of the training tasks. The check list shall be used

GO 513.10 – Field Training Officer Program 5


11/05/2019
throughout the field training process. Field Training Officers shall sign and date
successful performance in the appropriate area and return the form to the FTO
Commander through their FTO Supervisor/Shift Commander upon completion of
each phase of training. At the conclusion of the FTO program, all completed forms
shall be consolidated into a single file and forwarded to the FTO Commander. After
review, the file shall be forwarded to the Field Operations Division Commander for
approval and the Staff Development and Training Unit for filing and retention.

5. Field Training Officers shall evaluate the probationary officer’s performance on a


daily basis using the Field Training Officer’s Daily Observation Report (DOR). The
completed reports shall be reviewed and signed by the appropriate FTO Sergeant
while assigned to each phase of training; and after review become part of the
probationary officer’s training file. The FTO Commander shall periodically review
the Daily Observation Reports for any training issues that may need to be addressed.

6. The Field Training Officer will sign and date each objective completed by the
probationary officer on the DCJS Field Training: Law Enforcement Form B-13. This
form will be provided to the FTO by the FTO Commander at the end of the first
phase of training and will be returned to the FTO Commander after the final phase of
training.

F. Phase Progression – Probationary Officer


1. At the end of each phase and prior to progressing to the next phase, the probationary
officer(s) shall be subject to a FTO Phase Progression Review Panel consisting of
their current and next phase FTO’s, current FTO supervisor(s), and the FTO
Commander.

2. The FTO Phase Progression Review Panel shall review the probationary officer’s
performance/progress and provide a recommendation to the FTO Commander
regarding the probationary officer’s progression to the next phase of training.

3. The probationary officer will be notified of his/her progression status in person at the
FTO Phase Progression Review Panel meeting. The FTO Commander will maintain
a written progression memo for each probationary officer subject to review by the
Field Operations Division Commander.

4. Deficient performance shall be reported to the Field Operations Commander by the


FTO Commander, as well as any recommendation to withhold an officer’s
progression to the next phase of training. Any decision to not progress the
probationary officer to the next phase shall be reviewed and approved by the Field
Operations Division Commander.

5. Upon the successful completion of a probationary officer’s field


training assignment the FTO Commander will ensure completion of a DCJS B-13
and FTO/OJT forms. The forms should be attached to the probationary officer’s
master employment file in the Record Management System for future access and

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reference. The OJT form must be faxed to DCJS after review and signature by the
Chief of Police. Both forms will be filed and retained in the Training Bureau in
accordance with the standards set forth by DCJS. A copy of the completed forms
shall be filed in the officer’s permanent training record.

6. All documentation will be compiled and forwarded to the Training Bureau for filing
upon exit of the FTO program by the probationary officer.

GO 513.10 – Field Training Officer Program 7


11/05/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 134-00


RECOVERY OF STOLEN VEHICLES Date: September 3, 2019

VLEPSC Number: Non-Standard Manual Number: 514.03


Effective Date: Sept. 3, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
To identify, recover, process for evidence, document and return to the rightful owner all
stolen vehicles located within the City of Charlottesville.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety
(e.g., bank alarm response, response to an active threat, and Tactical Operations).

GO 514.03 – Recovery of Stolen Vehicles 1


Rev: 09/03/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 79-99


DEPARTMENT INSPECTION SERVICES Date: November 13, 2019
VLEPSC Number: ADM.19.01 Manual Number: 515.05
Effective Date: 11/13/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
All employees will participate in the continuous evaluation of quality improvement of our
services. The Accreditation and Compliance Officer or a member of the Department
designated by the Chief of Police is authorized to perform internal audits at the direction
of the Chief of Police and in response to Command Staff requests.

II. PURPOSE
The purpose of this directive is to implement an internal staff inspection, which shall be
used as an independent appraisal activity for the review of operations as a service to
management. The purpose of staff inspections is to assist the management staff in the
effective discharge of their responsibilities by furnishing them with analysis, appraisals,
and recommendations concerning the activities reviewed during an inspection process.
The goal of a staff inspection is to assist management by verifying or improving the
quality of service delivery within the organization.

III. DEFINITIONS
A. Line Inspections - Generally, line inspections are on-going activities conducted by
Division, Bureau, Unit and Section Commanders and supervisors to ensure that
employees are acting in concert with Departmental policies and procedures in such
areas as personal appearance, use and maintenance of equipment, adherence to rules,
regulations, directives and orders and to learn the status and condition of physical
facilities. As an example, a line inspection may determine if patrol officers are
checking their vehicles at the beginning of their shift.
B. Staff Inspections - Staff inspections are conducted at the direction of the Chief of
Police and in response to administrative staff requests. The Chief of Police will
appoint and give authority to a person at their discretion to conduct the staff
inspection. A staff inspection is an internal audit that examines and evaluates the
adequacy and effectiveness of organizational systems and the quality of performance
in carrying out assigned responsibilities. As an example, a staff inspection may look

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at an entire bureau to determine if it is accomplishing its assigned mission or meeting
its goals.

IV. PROCEDURE
A. Staff Inspections
1. The scope of staff inspection responsibilities encompass the examination and
evaluation of the adequacy and effectiveness of organizational systems and the
quality of performance in carrying out assigned responsibilities. Staff inspections
may include the listed categories:
a. Reliability and Integrity of Information - Staff inspections should review the
reliability and integrity of information and the means used to identify,
measure, classify and report such information.
b. Compliance with policies, plans, procedures, laws and regulations- Staff
inspections should review the systems established to ensure compliance with
those policies, plans, procedures, laws and regulations which could have a
significant impact on operations and should determine the degree of their
compliance.
c. Safeguarding of Assets - Staff inspections should review the means of
safeguarding assets and, as appropriate, verify the existence of such assets.
d. Economical and Efficient Use of Resources - Staff inspections should appraise
the economy and efficiency with which resources are employed.
e. Accomplishment of Established Objectives - Staff inspections should ascertain
if the Bureau/Shift/Unit/Section is operating according to policy, procedure
and directives.
2. Areas to be inspected:
a. facilities;
b. equipment;
c. vehicles;
d. policy and procedures;
e. files and records;
f. service delivery quality.
3. Methods Used to Gather Information:
a. personal observations by staff inspector(s);
b. interviews with component personnel;
c. interviews with internal and external customers of the component;
d. command records.

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4. Inspection Report and Response
a. The component commander will generally be informed of the deficiencies or
weaknesses that are identified throughout the inspection process. However,
the Chief of Police, at their discretion, may direct the inspection to be
confidential prior to the audit/inspection report.
b. The inspection person(s) shall compile a detailed report of the audit/inspection.
Copies of the report will be forwarded to:
i. Chief of Police;
ii. Command Staff at the direction of the Chief of Police;
iii.Command of component inspected at the direction of the Chief of
Police.
c. The Audit/Inspection Report shall be considered as a confidential internal,
administrative work product. Dissemination of all or part of the Report shall
have prior approval from the Chief of Police.
d. The Accreditation and Compliance Officer shall retain the original report and
responses according to Department Record Retention rules.
e. The commander of the Department component that has undergone the staff
inspection is required to submit a written response to the Chief of Police
through the appropriate Division Commander.
f. The working papers of the person(s) conducting the staff inspection will be
maintained for 60 days subsequent to inspection.
5. Documentation
The supervisor of the component to be inspected will be advised by memo of the
date that the staff inspection will begin. Subsequent to the announcement memo,
a pre-audit/inspection conference with the commanding officer of the subject unit
will be held. The purpose of this conference is to discuss the audit/inspection
process, identify known problem areas, schedule tasks and target phase
completion dates, and review formats for response reports.
The Accreditation and Compliance Officer or a staff inspector designated by the
Chief of Police will prepare a staff audit/inspection report which will address
facilities and equipment, policies and procedures, files and records system,
supervision and leadership, and client satisfaction.
6. Review
Upon receiving the component commander’s response to the inspection report, a
Post-Inspection Conference will be scheduled for the Chief of Police, appropriate
Division Commander, the component commander and the staff inspector to
review the significant findings, recommendations, and quality improvement
opportunities.

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7. Follow-ups
The Accreditation and Compliance Officer or the designated staff inspector shall
review and assess actions and agreements established in above paragraph 6 for
compliance in a timely manner.

B. Line Inspections
1. Line Inspections are on-going daily activities. Bureau, Shift, Unit and Section
supervisors have the responsibility to ensure that employees are acting in concert with
Departmental policies and procedures in such areas as personal appearance, use and
maintenance of equipment, adherence to rules, regulations, directives, orders, fitness
for duty, etc. This can be accomplished by observation of employees during daily roll
calls, line-ups, or routine interactions. Further, line inspection is to identify the
current status and conditions of physical facilities. Additionally, the inspection
process should also be utilized to identify exemplary performance by employees.
2. Bureau, Shift, Unit and Section commanders are given the authority to conduct line
inspections as an ongoing activity and are responsible for annual reporting of both
conditions and performances, and where the conditions are sub-standard ensuring that
appropriate corrections are made. Additionally, exemplary performance by employees
should be noted.
3. Bureau, Shift, Unit or Section Supervisors shall utilize Charlottesville Police
Inspection Forms and Evaluation Forms annually to report inspections results and
exemplary performance and should include, at a minimum:
a. General appearance of employees;
b. Conditions of assigned equipment;
c. Exemplary performance.
4. Deficiencies noted should be addressed and corrected as soon as practical. Problems
or conditions requiring correction beyond the supervisor’s control will be reported to
the appropriate authority, and noted on the following annual report.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

GENERAL ORDER Number: 125-00


RECEIPT AND STORAGE OF DEPT. OWNED
PROPERTY Date: September 4, 2019

VLEPSC Number: ADM.15.04, ADM 19.03 Manual Number: 515.10


Effective Date: Sept. 4, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
Department owned property, including capital assets, which have been either purchased
or otherwise obtained by the Department, shall be received and placed into inventory in a
standardized manner. When such property is stored, it shall be maintained in a state of
operational readiness.

II. PURPOSE

The purpose of this directive is to provide guidelines for receiving, storing and the
maintenance of stored Department owned property that is used by the Charlottesville
Police Department in furtherance of its operational needs.

III. DEFINITION
A. Department Owned Capital Asset: Machinery, equipment, and vehicles having a
value in excess of $10,000.00.

IV. PROCEDURES
A. The Department Division Commanders shall ensure that their component commands
establish procedures for the reception, storage and security of Department owned
property and maintaining the property in operational readiness.
B. Department owned property required to be stored in operational readiness is
equipment that is only used during unusual occurrences. This equipment is as
follows:
1. SWAT Equipment (equipment that is designated to be used by SWAT personnel)
2. Riot Batons and Shields

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C. The City of Charlottesville’s Finance Department shall maintain an inventory of all
Department-owned capital assets and complete an audit of the Departments capital
assests biennially.

D. Department component commanders will be responsible for Department-owned


property that is being used by and/or assigned to their command.
1. Each command will have an established procedure that requires:
a. Documentation of the receipt and description of Department owned
property received. In most instances a copy of the invoice order will
suffice.
b. Guidelines for the storage of the capital assets that include being
stored in operational readiness;
c. established security for the storage of exceptional, valuable or
sensitive items of Department owned property, e.g. ammunition, firearms,
emergency equipment, uniforms, police badges, etc; and
d. a semi-annual operational readiness inspection of stored emergency
equipment that is used for unusual occurrences.
2. Component commanders may designate a member of the command to coordinate
an inventory and maintain the readiness of stored Department property.

E. Members who are assigned Department owned property shall be accountable for its
maintenance and operational readiness.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 0002-01


DISCIPLINARY PROCEDURES Date: January 18, 2017
VLEPSC Number: PER.08.01 + 08.03, PER.09.02 thru 09.05 Manual Number: 517.00
Effective Date: 01/18/2017
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
Discipline is a process of imposing formal sanctions, which will help train or develop an
employee, preferably through positive and constructive methods, rather than punitive
measures. Discipline in the Charlottesville Police Department involves positive
corrective measures (e.g. training and/or counseling) and as a last resort, punitive action.
All disciplinary actions taken under this General Order are subject to, and must be
administered in accordance with the City of Charlottesville Human Resources
Regulations and Code of Virginia (Law Enforcement Officers’ Procedural Guarantees.)

II. PURPOSE

The purpose of this directive is to establish the Department’s disciplinary process and to
provide commanders with a structured decision-making model for determining
appropriate discipline. This matrix represents the Department’s effort to standardize
disciplinary recommendations. By adopting a prompt, consistent and fundamentally fair
process, the Department maintains a high level of INTEGRITY, FAIRNESS and
SERVICE to the citizens of the City of Charlottesville and members of the Department.
This matrix is not intended to be the sole consideration for recommending action for any
given violation. Regardless of the recommendations of supervisors, the Chief of Police is
the final authority to approve and recommend all discipline in the Charlottesville Police
Department.

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III. OBJECTIVES

This process shall address the following objectives:

1. This disciplinary process assures a strict standard for officers. It holds


supervisors to a high level of accountability by:

A. Needs and Confidence of the Community


a) Establishing procedures in writing
b) Establishing consistent levels of discipline throughout the Department
c) Requiring documentation of employee performance to provide better
historical data enabling fairness in relation to decision making
d) Expediting the internal affairs process

B. Needs and Confidence of the Employee


1. Discipline is administered at a level appropriate to correct specific
misconduct/behavior
2. This process seeks to encourage and reinforce positive behavior through
counseling (advice), education (enhancement of skills or knowledge) and training
(learning)
3. The employee is aware of Departmental procedures, and disciplinary levels.
Employee’s rights are not disregarded and the appeals process remains in place
4. Involvement of supervisors in discipline is increased and an employee’s work
history is available for consideration in decision making
5. Appropriate reckoning periods are established, thereby making it possible for
an employee to improve his/her employment record.
6. Category “A” offenses which are considered as minor in nature are treated as
non-disciplinary performance actions.

C. Efficient Management of the Department


1. When non-disciplinary approaches are inappropriate, imposition of discipline
shall be consistent, fair and timely
 Fairness is ensured by the use of a Disciplinary Matrix. Most offenses are
ranked within a certain category and may only be increased or decreased
by mitigating or aggravating circumstances
 Timeliness is achieved through procedures that allow for expeditious
responses and dispositions

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2. The lines of authority and responsibility are clear for the concerned
individual
3. The penalties and repercussions for misconduct are clearly delineated; this
alone should influence actions and lessen the number of complaints. The result
will be a more confident and enlightened employee.

IV. DESCRIPTIONS AND DEFINITIONS OF CATEGORIES


A. Supervisor’s Employee Incident Report (CPD-41) – A Department form used to
document employee performance that can range from incidents of observed or
reported exceptional police duty to incidents whereby an employee violates
Department General Orders, City of Charlottesville regulations, and/or the Code of
Virginia.
B. Reckoning Period - Each penalty range contains a “reckoning period” which is
defined as a period of time in which a previous infraction may be considered in
determining a case category. The computation of the reckoning period shall begin
with the date of occurrence of the incident.
C. Minor Infractions - Many infractions by employees fall within category “A”. Most
minor infractions will be handled at the Command level. Commanders will have wide
latitude and discretion in the use of counseling, education, and training to deal with
minor problems. No matter what action is taken, it must be documented.
“Documentation” does not necessarily mean formal correspondence; however, any
writing containing negative connotations must be discussed with the affected
employee.
D. Severe Letter of Reprimand – A letter to the affected officer on Department letterhead
describing the serious nature of the offense and a firm warning of any repeated
violation of the same or similar offense will result in termination.
E. Involuntary Restitution – A corrective action that may be ordered in conjunction with
disciplinary action in cases involving lost or damaged equipment. This option may
also be used in lieu of but not in conjunction with disciplinary action in cases
involving department vehicles damaged as a result of a motor vehicle accident. All
Involuntary Restitution ordered will be in accordance with General Order 400.30.
F. Multiple Infractions-Single Incident - The disciplinary process includes consideration
of past incidents within the reckoning period. Also, occasionally there are single
incidents that result in several incidents being sustained.
G. Mitigating/Aggravating Circumstances - A commander must consider mitigating or
aggravating circumstances that may relate to individual, multiple or all incidents
listed. Generally speaking, mitigating and aggravating circumstances serve to justify
making a discipline recommendation within the parameters established by the Matrix;
however, there may be isolated cases where the mitigating and aggravating
circumstances are of such magnitude that the commander feels compelled to support a
recommendation for a higher or lower category than the behavior itself would
warrant.

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H. Movement to Higher or Lower Categories - If either aggravating or mitigating
circumstances are present and such circumstances warrant a recommendation other
than that listed in the Matrix, a Commanding Officer’s recommendation may be no
more than one category higher or one category lower.
If either aggravating or mitigating circumstances are present and such circumstances
warrant a recommendation other than that listed in the Matrix, the Division
Commander may select a punishment from any of the six (6) categories (A through F)
subject to a review by the Chief of Police. After review, the Chief of Police may then
select a punishment from any of the six (6) categories (A through F).
Grievance panels may aggravate or mitigate one category from the originally
approved Police Chief’s recommendation for punishment in Categories A through D.
Category E and F violations are considered extremely serious breaches of
Departmental standards and it is expected that a guilty finding would warrant the
punishment originally approved by the Chief of Police.
It should be clear to the reader that ordinary or routine mitigating and/or aggravating
circumstances, factually identifiable, not general, serve only to move the discipline
recommendation within the established parameters of the Matrix.
Movements across categories, either up or down are to be the exception rather than
the rule. Strong and specific justification is required to support a recommendation
outside the prescribed disciplinary range

V. PROCEDURE
A. The purpose of discipline is to correct inappropriate behavior. Commanding Officers
should not take any single fact out of context, but should consider all of the facts prior
to assessing discipline

 The primary purpose of discipline is to correct, not to punish. Therefore, the least
intrusive measure that serves to correct the inappropriate behavior should be used
whenever possible.

 The Department must strive for consistency in its application of discipline.

 Decisions on minor policy infractions should be handled and documented on a


Supervisor’s Employee Incident Report (CPD-41) by the Command of the
member involved.

 Recommendations for disciplinary actions on repeat or more serious infractions


will be made in accordance with the philosophy of progressive discipline.

 Escalating factors may raise the original category to any level deemed necessary.
These factors include:

1) Type and extent of injury, if any;

2) Amount of damage, if any;

GO 517.00 – Disciplinary Procedures (Part I) 4


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3) Intent;

4) Seriousness of infraction; and

5) Past employee record


B. Recommendations for disciplinary action may include consideration of mitigating
and/or aggravating factors such as:

1) Employee motive

2) Degree of culpability

3) Truthfulness

4) Disciplinary history

5) Severity of infraction

6) Acknowledgement of error/mistake by employee

7) Other pertinent factors


C. Punitive disciplinary action shall be undertaken in compliance with the Code of
Virginia, §9.1-502 and in the interest of discipline. Disciplinary measures shall
include:
1) oral reprimand
2) written reprimand
3) suspension without pay
4) demotion
5) reassignment within the Department
6) termination
D. Supervisory roles and responsibilities
The role of the supervisor is critical in the disciplinary process. Supervisors have the
best opportunity to observe conduct and behavior and detect incidents where
disciplinary actions are appropriate.
1. The primary responsibility for maintaining and reinforcing member
conformance with standards of conduct of this Department shall be with the first
and second line supervisors.
2. Supervisors shall familiarize themselves with the officers in their unit, and
closely observe their general conduct and appearance on a daily basis.
3. Supervisors should remain alert for indications of behavioral problems or
changes that may affect a member’s normal job performance. Such information
should be documented by the supervisor.

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4. When a supervisor perceives that a member may be having or causing a
problem, the supervisor should assess the situation, and determine the most
appropriate action.
a) Supervisors may handle minor infractions without formal charges,
prepare documentation to support formal charges and recommend to a
superior officer that an employee be relieved of duty.
b) A second line supervisor, first line supervisor or a subordinate officer
working in the position of first line supervisor, when the situation
warrants, may relieve a member from duty with pay. When a supervisor
relieves a member from duty he or she shall notify the Chief of Police
through the appropriate Division Commander. Written documentation on
the disciplinary incident shall be forwarded to the Division Commander
before the expiration of the current tour of duty.
c) A Division Commander is authorized to review specifications and
charges that have been filed against their subordinate officers and forward
them, with comments attached, to the Chief of Police. Further, a Division
Commander may suspend a member from duty with pay pending a hearing
by the Chief of Police.
d) Final Department disciplinary authority and responsibility rests with
the Chief of Police.
5. Any member of the Department who has been relieved from duty for
disciplinary purposes shall report to the Office of the Chief of Police as directed.

E. Degree of violations and disciplinary options - Violations are classified into broad
categories of infractions based on progressive degrees of severity. Category “A”
articulates the lowest level violation. Repetition of similar violations or first offenses
of more serious violations will lead to progressively higher penalty ranges of B, C, D,
E, or F.
F. Discharge from the Department – Upon the decision to dismiss an employee, the
Chief of Police shall send the dismissed employee by certified mail, receipt requested,
a letter, which states the grounds for the dismissal and the employee’s rights. The
letter will precede by at least ten (10) calendar days the effective date of dismissal.

CATEGORY “A” VIOLATIONS


Description:
 Minor rules violation
 First (1st) and second (2nd) occurrence is not treated as a disciplinary action
 Same or similar sustained violations within twelve (12) consecutive months
enhances the third (3rd) violation to Category B

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 A combination of any three (3) sustained Category A violations within twelve
(12) consecutive months enhances the third (3rd) violation to Category B

Proactive Corrective Action


 Training and Education
 Verbal counseling that is documented on the Supervisor’s Employee Incident
Report
 Mediation
 Psychological services
 Other non-disciplinary action
 Involuntary restitution

CATEGORY “B” VIOLATIONS

Description

 First occurrence of a Category B violation

 Enhanced violation from Category A

 Repeat same or similar sustained violations from Category A

 Same or similar sustained violations within twenty-four (24) consecutive months


enhances the next violation to Category C

 Combination of any three (3) sustained Category B violations with twenty-four


(24) consecutive months enhances the third (3rd) violation to Category C

Discipline Options

 Letter of reprimand

 One day loss of leave

 One day suspension without pay

Corrective Action

 Involuntary Restitution

CATEGORY “C” VIOLATIONS

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Rev: 01/18/2017
Description

 First occurrence Category C violation

 Enhanced violation from Category B

 Repeated violation from Category B

 Same or similar sustained violations within thirty-six (36) consecutive months


enhances the next violation to Category D

 Combination of any three (3) sustained Category C violations within thirty-six (36)
consecutive months enhances the third (3rd) violation to Category D

Discipline Options

 Letter of reprimand

 Two (2) to Four (4) day loss of leave

 Two (2) to Four (4) day suspension without pay

Corrective Action

 Involuntary restitution

CATEGORY “D” VIOLATIONS

Description

 First occurrence of Category D violation

 Enhanced violation from Category C

 Repeated same or similar sustained violations from Category C

 Same or similar sustained violations within forty-eight (48) consecutive months


enhances next violation to Category E

 Combination of any two (2) sustained Category D violations within thirty-six (36)
months enhances the second (2nd) violation to Category E

Discipline Options

 Severe letter of reprimand

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 Five (5) to Fifteen (15) day loss of leave

 Five (5) to Fifteen (15) day suspension without pay

Corrective Action

 Involuntary Restitution

CATEGORY “E” VIOLATIONS

Description

 First occurrence of a Category E violation

 Enhanced violation from Category D

 Repeated same or similar sustained violations from Category D

Discipline Options

 Severe letter of reprimand

 Over fifteen (15) days loss of leave

 Over fifteen (15) days suspension without pay

 Demotion

 Dismissal

CATEGORY “F” VIOLATIONS

Description

 First offense of a Category F violation

Discipline Option

 Dismissal

G. APPEALS PROCESS

Members of the Department may appeal a disciplinary decision through the City of
Charlottesville Grievance Procedure (See City of Charlottesville Employee
Handbook, Section 6, pages 1-8.)

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Rev: 01/18/2017
 The Chief of Police shall coordinate the City of Charlottesville grievance
procedure as outlined in the City’s grievance procedure. A copy of all written
Department reports that are pertinent to the specific grievance shall be
maintained and controlled in the employee’s personnel file located in the Office
of the Chief of Police. The City of Charlottesville’s Department of Human
Resources shall maintain and control external written documents generated in
accordance with the City’s grievance procedures.

 In addition, sworn police officers may avail themselves to the use of either the
City of Charlottesville Grievance Procedure or the Law Enforcement Officers’
Procedural Guarantees, Code of Virginia §9.1-500 through §9.1-507, but not
both.

 The Law Enforcement Officer’s Procedural Guarantees. The appropriate


Division Commander shall coordinate the grievance procedure in accordance
with appropriate code sections. A copy of all documentation and/or transactions
shall be maintained under strict control in the employee’s personnel file located
in the Office of the Chief of Police.

The Law Enforcement Officer’s Procedural Guarantees addresses the following


provisions:
1. Definitions (§ 9.1-500)
2. Conduct of Investigation (§ 9.1-501)
3. Notice of charges; response; election to proceed under grievance procedure of
the local governing body (§ 9.1-502)
4. Personal assets of officers (§ 9.1-503)
5. Hearing; hearing panel recommendations (§ 9.1-504)
6. Immediate suspension (§ 9.1-505)
7. Informal counseling not prohibited (§ 9.1-506)
8. Chapter accords minimum rights (§ 9.1-507)
H. RETENTION AND MAINTENANCE OF RECORDS
1. Non-Disciplinary:
Category “A” (non-disciplinary) infractions shall be maintained in the
employee’s command personnel jacket and destroyed after one (1) year of
the date of infraction.
2. Disciplinary Action:

Category “B” through “F” violations will be maintained by the Chief of


Police in the Internal Affairs Office in compliance with Series Number
10233 of the Library of Virginia’s Records Management and Imaging
Services Division, “records documenting an individual’s employment
history, including but not limited to hiring, benefits, test results,

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Rev: 01/18/2017
professional certification, promotions, evaluations, disciplinary actions,
and security check results” shall be retained for five (5) years after
termination. Additionally, a duplicate copy of the above information shall
be filed in the employee’s City of Charlottesville Human Resources
Department personnel file.

3. Grievance Records and Reports:


In compliance with Series Number 10238 of the Library of Virginia’s
Records Management and Imaging Services Division, “Files or documents
that contain the proceedings of an employee grievance, including the initial
complaint, actions, investigation, summary and dispositions” shall be
retained for three (3) years after closure.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any
way. It should not be construed as the creation of a higher standard of safety or care in an
evidentiary sense with respect to third party claims. Violations of this directive, if proven,
can only form the basis of a complaint by the Charlottesville Police Department and then only
in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 49-99


INTERNAL INVESTIGATIONS AND CITIZEN
COMPLAINTS Date: December 2, 2019

VLEPSC Number: ADM.18.01, 18.02, 18.03, 18.04, 18.05,


Manual Number: 517.01
18.05, 18.07, 18.08 and 18.09
Effective Date: Feb. 19, 2021
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

The integrity of the Charlottesville Police Department depends on the personal integrity
and discipline of all employees, both individually and collectively. The public’s
perception of the effectiveness of the Department is to some extent determined by the
prompt and concerned response of the Department to allegations of misconduct or
improper activity by its employees both on and off duty. Public perception of the fairness
and thoroughness of the internal affairs process will impact the confidence the
community has in the Department’s ability to investigate its member’s conduct. As such,
the Department will work to ensure open and transparent investigations. The Department
recognizes that part of the responsibility for ensuring that the Department maintains high
standards of service to the community should be a systematic effort to identify and
address potential problems with employee misconduct before a citizen feels compelled to
complain. Providing a procedure to address employee misconduct identified through
internal processes will hopefully encourage professional conduct throughout the
organization.
Investigation of complaints against employees of the Department will be conducted with
the strictest confidentiality, keeping in mind the rights, concerns, and privacy of all
parties involved. All complaints will be investigated in a fair and impartial manner and
under no circumstances shall this policy be used arbitrarily or for arbitrary purposes, or in
a manner inconsistent with the mission and values of the Charlottesville Police
Department, or in a manner inconsistent with the law.

II. PURPOSE

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Rev: 02/19/21
The purpose of this directive is to establish and describe procedures concerning the
receipt, investigation, and disposition of allegations of misconduct, which result from
citizen complaints or internal Department processes.

III. DEFINTIONS

A. Complaint: A matter of concern brought forth to the department alleging a


violation(s) of departmental policy and/or a violation(s) of the law.

B. Inquiry: A matter of concern brought forth to the department, which does not rise to a
violation(s) of departmental policy and/or a violation of the law. (Also referred to as
Service Related Inquiry).

C. Garrity Warning: The Garrity Warning advises subjects of their criminal and
administrative liability for any statements they may make. For purposes of this policy,
the term “Garrity Warning” refers to the following statement provided to
Charlottesville Police Department employees pursuant to Section V this policy: Under
the decision in Garrity v. New Jersey (385 U.S. 493 1967), the information you
provide for this administrative investigation cannot be used against you in any
criminal proceeding, and by answering questions in connection with the investigation
you are not waiving any of the rights guaranteed to you by our State or Federal
Constitutions. However, you are hereby advised that your statements may be used
against you in subsequent administrative proceedings. If information gathered during
the investigation indicates wrongdoing or violation of departmental policy by you,
then that information, including your own statements, may provide grounds for
dismissal, demotion, suspension or other disciplinary action.

D. Miranda Warning: In the decision of Miranda vs. Arizona (1966) the “Miranda
Warning” is an advisement given to anyone who is in police custody and being
asked to provide a statement to law enforcement. The Miranda Warning advises
a person of their right to refuse to answer questions or provide information to
law enforcement or other officials.

E. Investigatory Secrecy Order: An order given to an employee that is participating in an


administrative investigation that requires they not discuss the nature of the
investigation they are participating in with the exception of their personal attorney,
investigator assigned to the investigation or the Chief of Police.

IV. PROCEDURES – General


A. Receipt of complaints

The department encourages citizens to bring forward legitimate grievances


regarding misconduct by employees. A legitimate concern or grievance is one that

GO 517.01 – Internal Investigations and Citizen Complaints 2


Rev: 02/19/21
is defined as being, “real, valid, or genuine,” 1 and “neither spurious nor false.” 2
All officers are obligated to explain complaint procedures to inquiring citizens and
shall receive all complaints courteously and in accordance to department policy. No
employee shall discourage any person from filing any complaint, and no employee
shall discriminate or retaliate against any person who has filed a complaint.

Note: Complaints received after twelve months shall not be investigated; unless
the allegation states conduct which would constitute criminally felonious
conduct (e.g. felony assault, grand larceny, or rape).

B. Complaint Receiving Procedures

1. A copy of "How to Provide Comments About the Quality of Service Delivered


by the Charlottesville Police Department" will be posted in the public area of
the department, provided to media representatives, posted on the Charlottesville
Police Department web site, and shall be given to any citizen requesting
information on how to make a complaint, along with a copy of the Citizen
Complaint Form (CPD-30).

2. Every effort shall be made to facilitate the convenient, courteous, and prompt
receipt and processing of citizen complaints. An employee of the department,
who interferes with, discourages, or delays the making of a complaint shall be
subject to disciplinary action.

3. Any and all complaints regarding the conduct of any member of this department
shall be recorded on a Citizen Complaint Form (CPD-30). All complaints,
regardless of nature, can be logged in person, by mail, by email, or by telephone.
As part of the follow-up investigation, persons making complaints by mail,
email, or telephone normally shall be interviewed and requested to complete and
sign the written Citizen Complaint Form to the extent possible (CPD-30).
Anonymous complaints shall be investigated in accordance with this procedure,
but only to the extent possible based on the facts of the complaints.

4. A department member receiving a citizen complaint through the U.S. Mail shall
place the original correspondence and accompanying envelope in a sealed
envelope and forward it to the Internal Affairs Investigator, who will determine
investigative responsibility. A copy of the complaint or service related inquiry
shall be forwarded to the Office of the Chief of Police and the respective
Division Commander.

1
Blacks’ Law Dictionary (Sixth Edition), p 901.
2
Merriam-Webster On line Dictionary, www.webster.com.
GO 517.01 – Internal Investigations and Citizen Complaints 3
Rev: 02/19/21
5. A department member receiving a citizen complaint through email shall place a
copy of the correspondence in a sealed envelope and forward it to the Internal
Affairs Investigator, who will determine investigative responsibility. A copy of
the complaint or service related inquiry shall be forwarded to the Office of the
Chief of Police and the respective Division Commander.

a. Complaints received via telephone by dispatchers or other employees shall


be courteously and promptly referred to a sworn on-duty supervisor. The
dispatcher or employee receiving the call shall record the name and
telephone number of the complainant and inform them that a sworn on-duty
supervisor will call back as soon as practical.

b. Non-supervisory department members shall refer all in-person citizen


complaints to an on-duty sworn supervisor, who shall assist the citizen in
recording pertinent information on a Citizen Complaint Form (CPD-30).

6. The supervisor receiving the complaint shall ensure that their name and
assignment, as well as the date and time the complaint was received, is recorded
on the Citizen Complaint Form.

7. Once the complainant completes and signs the Citizen Complaint Form, the
receiving supervisor shall provide the complainant a copy of the completed
Citizen Complaint Form and the telephone number of the Internal Affairs
Office.

8. If the supervisor determines that the complainant appears under the influence of
an intoxicant or drug or displays any trait or condition bearing on their
credibility, the supervisor shall note these conditions on the Citizen Complaint
Form. Any visible marks or injuries relative to an allegation of physical injury
shall be noted and photographed. Photographs shall be taken for any force
complaint whether or not there is visible injury.

9. Prisoners or arrestees may make complaints, although circumstances may


require a department representative to meet the complainant at a jail or prison
for an interview.

10. In the event of extraordinary circumstances where the person receiving a Citizen
Complaint Form (CPD-30) is not a supervisor, the original report shall be
immediately forwarded to the Internal Affairs Investigator. The employee will
record the date and time they received the report and sign the report
acknowledging its receipt. A copy of the complaint or service related inquiry
shall be forwarded to the Office of the Chief of Police and the respective
Division Commander.

GO 517.01 – Internal Investigations and Citizen Complaints 4


Rev: 02/19/21
11. The above procedure may also be used when department employees desire to
enter a complaint against any other employee governed by this order.

C. Complaint-handling procedures

All received original copies of complaints shall be immediately forwarded to the Internal
Affairs Investigator. A copy of the complaint or service related inquiry shall be forwarded to
the Office of the Chief of Police, the respective Division Commander and the Executive
Director of the Police Civilian Review Board (PCRB).

1. and the respective Division Commander.

2. Once the Chief of Police or their designee and the division commander or
their designee reviews the complaint form, it is to be signed, dated, and
forwarded to the Internal Affairs Lieutenant for inclusion in the
administrative file.

3. The Internal Affairs Investigator shall review the complaint, record the
complaint for tracking purposes, and assign investigative responsibility.

4. Upon receipt of an assigned complaint, The Internal Affairs Investigator


shall mail a letter to the complainant acknowledging receipt of the complaint
and provide notification that a supervisor will be in contact with them.

5. The Internal Affairs Unit Investigator will promptly notify employees


named in complaints by forwarding a memorandum, along with an
attached copy of the complaint to the employee through the employees’
chain of command. The Internal Affairs Investigator will not notify
employees in this manner if it is felt that the notification would hinder or
be detrimental to the investigation.

6. A complaint alleging general misconduct or that involves the manner in


which law-enforcement service is provided may be investigated by the first-
line supervisor in accordance with this policy. If deemed necessary, the
Internal Affairs Investigator, or someone designated by the Chief of Police,
may investigate such complaints. If deemed necessary, the Chief of Police
may ask another agency to undertake the investigation in situations where
there is a conflict of interest or the accused member is of a command level
rank.

7. A complaint alleging improper conduct, harassment, excessive force,


misconduct, or which involves supervisory personnel, shall be investigated
by the Internal Affairs Investigator, or someone designated by the Chief of
Police. If deemed necessary, The Chief of Police may ask another agency to

GO 517.01 – Internal Investigations and Citizen Complaints 5


Rev: 02/19/21
undertake the investigation in situations where there is a conflict of interest
or the accused member is of a command level rank.

8. Complaints alleging criminal conduct shall be immediately brought to the


attention of the Chief of Police. The Chief of Police shall designate
appropriate personnel to investigate the complaint, and if deemed necessary,
may ask another agency to undertake the investigation.

9. The Chief of Police, or their designee, pending conclusion of the


investigation may place a Department member who is the subject of an
internal investigation on administrative suspension. The administrative
suspension may be with or without pay, depending on the circumstances of
the investigation. The employee's return to duty will be at the discretion of
the Chief of Police. Administrative suspensions shall be handled in
accordance with the procedures set forth in General Order 517.06 and shall
take into consideration the nature of the allegation, the interests of the
public, the department, and the affected employee.

10. Upon receipt of the complaint, the first-line supervisor responsible for the
investigation shall have 45 days in which to complete the investigation.
Investigations shall exceed the 45-day limit only upon approval by the
Chief of Police. If an extension is granted, the assigned supervisor shall
promptly notify the Internal Affairs Investigator in writing of the extension.
The assigned supervisor shall promptly notify the complainant and named
employee in writing of the continued investigation every 30 days from
receipt of the complaint, until the investigation is completed.

11. The Internal Affairs Investigator shall have 45 days in which to complete
assigned investigations. Investigations shall exceed the 45-day limit only
upon approval by the Chief of Police. The assigned supervisor shall
promptly notify the complainant and named employee of the continued
investigation every 30 days from receipt of the complaint, until the
investigation is completed.

11. Completed internal investigations shall be classified as:

a. Unfounded - no basis of fact to support the allegation.

b. Exonerated - allegations true, but officer is not guilty of any misconduct,


due to adherence to applicable procedures, techniques, and regulations.

c. Not Resolved - unable to verify the truth or falsity of the complainant's


allegations.

GO 517.01 – Internal Investigations and Citizen Complaints 6


Rev: 02/19/21
d. Administratively Not Resolved - unable to collect the necessary
evidence to make findings of fact necessary for a determination of the
truthfulness of allegations. An example of the inability to collect the
necessary evidence is the unavailability of a material witness to provide
evidence. Additionally, if allegations are filed one year after the conduct
complained of and the allegations do not constitute criminally felonious
conduct, no internal investigation will be conducted and the allegations
will be deemed Administratively Not Resolved.

e. Sustained - Allegations true and officer is determined to have acted in


violation of applicable procedures, techniques, and regulations.

12. Once the investigation is completed and a finding is reached, the case file
shall be forwarded to the Chief of Police through the investigating
supervisor’s chain of command.

13. Upon the Chief's review and approval, the case file will be returned to the
Internal Affairs Investigator for disposition notifications and filings.

14. If the finding is unfounded, exonerated, not resolved, or administratively not


resolved

a. The investigating supervisor will contact the complainant and invite


them to come in and explain how the supervisor came to their
conclusion. This meeting is designed to discuss the investigative
process, evidence considered, interviews conducted and additional
materials that were submitted for consideration.

b. The Internal Affairs Investigator shall promptly draft a letter to the


complainant, with a copy of the investigating supervisor’s justification for
the finding, signed by the Internal Affairs Investigator, notifying them of the
completion of the investigation. The Internal Affairs Investigator shall
promptly notify the employee and the employee’s chain of command in
writing of the complaint disposition and attach a copy of the disposition
letter sent to the complainant. The complainant will also be notified of their
opportunity to speak with the investigating supervisor, Internal Affairs
Investigator, or the Chief of Police with regard to the finding.
Note: All final correspondence will be reviewed by the Chief of Police, or
their designee.

15. If the finding is Sustained,

a. The Internal Affairs Investigator shall forward the case file to the
employee's Commanding Officer to seek a recommendation for
discipline. The employee’s chain of command, beginning at the
GO 517.01 – Internal Investigations and Citizen Complaints 7
Rev: 02/19/21
employee's first line supervisor, shall submit a written disciplinary
recommendation in accordance with department Disciplinary Procedures
(General Order 517.00). After completing the disciplinary
recommendation, the Division Commander shall forward the file to the
Chief of Police for final approval.

b. The Chief of Police shall apply discipline in accordance with the


Disciplinary Procedures (General Order 517.00) and return the case file
to the Internal Affairs Investigator. The Internal Affairs Investigator
shall draft a Chief's Directive, signed by the Chief of Police, to the
employee through the employee’s Commanding Officer, who will
ensure the employee is notified in person of the discipline.

c. A copy of the Chief's Directive signed by the employee shall be returned


to the Internal Affairs Investigator for filing and documentation.

d. The investigating supervisor will contact the complainant and them to


come in and explain how the supervisor came to their conclusion. This
meeting is designed to discuss the investigative process, evidence
considered, interviews conducted, and additional materials that were
submitted for consideration.

e. The Internal Affairs Investigator shall promptly draft a letter to the


complainant, with a copy of the investigating supervisor’s justification
for the finding, signed by the Internal Affairs Investigator, notifying them
of the completion of the investigation. The Internal Affairs Investigator
shall promptly notify the employee and the employee’s chain of
command in writing of the complaint disposition and attach a copy of the
disposition letter sent to the complainant. The complainant will also be
notified of their opportunity to speak with the investigating supervisor,
internal affairs investigator, or the Chief of Police with regard to the
finding. Specific discipline will not be disclosed, but a copy of the
disciplinary matrix will be provided to the complainant upon request.

f. For file documentation purposes, the employee's supervisor shall


forward a memorandum to the Internal Affairs Investigator outlining
administration of the discipline ordered by the Chief of Police.

g. Although the application of discipline to department personnel is exempt


from public disclosure pursuant to a FOIA request; the Chief of Police
may release this information to the public if it is believed to be in the
best interest of the community. Note: All final correspondence will be
reviewed by the Chief of Police, or their designee.

16. Civilian Review Board Investigation Review


GO 517.01 – Internal Investigations and Citizen Complaints 8
Rev: 02/19/21
The complainant may request the Charlottesville Police Civilian Review
Board to review a completed investigation within seventy-five (75) days of
the date of the letter sent to the complainant upon completion of the
investigation stating the finding of the investigation.

V. PROCEDURES: Investigative

Two types of investigations may be initiated: administrative and criminal. Different rules
govern interviews of employees in each case. Before any interview, the employee under
investigation shall receive a confidential written notice of the complaint, along with a
Garrity Warning for administrative investigations, or a Miranda advice of rights for criminal
investigations.

A. Interview for administrative purposes

1. If the department wishes to compel an employee to answer questions directly


related to their official duties and the department is willing to forego the use
of any answers in a criminal prosecution, the interviewer shall advise the
employee, through a Notice of Required Participation in Administrative
Investigation form, that:
a. The employee will be questioned and requested to testify as part of an
official administrative investigation by the Charlottesville Police
Department.

b. Such investigation is being conducted at the authority of the Chief of


Police.

c. The inquiry involves an incident and/or complaint and the inquiry will
be conducted in accordance with departmental policies and procedures
on the date and time indicated.

d. The inquiry is not part of a criminal investigation and no Miranda


rights are required in an interview for administrative purposes.

e. The employee must answer all questions related to their knowledge of


the facts surrounding all matters under investigation.

f. At such time as it becomes apparent that a department member has


become the focus of an administrative investigation, the member shall
be provided with a summary of the alleged allegation in writing prior
to questioning.

GO 517.01 – Internal Investigations and Citizen Complaints 9


Rev: 02/19/21
2. The interviewing officers shall use the Charlottesville Police Department’s
"Notice of Required Participation in Administrative Investigation" form.

B. Investigations involving criminal conduct

1. Complaints alleging on or off-duty/extra-duty employee criminal conduct


shall be immediately brought to the attention of the Chief of Police. The
Chief of Police shall designate an appropriate department member to
investigate the complaint, and if deemed necessary, may ask another agency
to undertake the investigation.

2. If the assigned investigator of an on-going administrative investigation


identifies the investigation to have a criminal basis for prosecution, they
shall immediately notify the Chief of Police. The Chief of Police shall
designate an appropriate department member to investigate the criminal
complaint, and if deemed necessary, may ask another agency to undertake
the investigation.

3. The Chief of Police shall determine whether the initial investigator will
continue with a parallel administrative investigation of the employee’s
alleged non-criminal conduct.

C. Interviews for criminal investigative purposes

During an ongoing criminal investigation the interviewer shall:

1. Give the employee Miranda rights; and

2. advise the employee that if they assert their right not to answer questions, no
adverse administrative action will be taken based upon the refusal.

a. If the employee decides to answer questions at this point, the responses


may be used in both criminal and administrative proceedings.

b. Note that the Miranda admonition includes the provision that an


interviewee may request to have a lawyer present at an interview.
Although technically the employee has no right to counsel until the
employee has been criminally charged or his or her freedom of action
has been deprived, the department wishes the employee to have the
option. The department wishes no possibility to arise in which its
actions might be construed as coercive.

D. Officer Involved Critical Incidents

GO 517.01 – Internal Investigations and Citizen Complaints 10


Rev: 02/19/21
Investigations involving officer involved critical incidents shall be handled in accordance
with the procedures set forth in General Order 522.10.

VI. Investigative Tools and Resources

In addition to interviews of the employee and witnesses, the Chief of Police may require
other activities in support of a complaint investigation or internal investigation. Such
decisions are not to be made arbitrarily by the Chief but shall take into account the nature of
the investigation and the rights, duties, and responsibilities of the Chief’s position and the
rights, duties, and responsibilities of the employee. Such procedures may include, as
permitted by law, the following:

A. Medical and laboratory examination

1. The Chief of Police or officer in authority may, based on an observation of


conduct or appearance creating a reasonable suspicion that an officer may be
under the influence of alcohol or drugs, require a department employee to
submit to a test for alcohol or drug use while on duty. The results may be
used in a disciplinary hearing. Refusal to submit to the examination will be
grounds for disciplinary action and may result in the employee's dismissal.

2. Drug and alcohol screenings will be conducted in accordance with the City's
substance abuse policies and procedures and in accordance with the Code of
Virginia § 9.1-501.

B. Photograph and lineup identification procedures

1. As part of an administrative investigation, officers may be required to stand


in a lineup for viewing by citizens for the purpose of identifying an
employee accused of misconduct. Refusal to stand in a properly conducted
lineup during an administrative investigation is grounds for disciplinary
action and may result in dismissal. While law permits this, careful
consideration shall be given to the nature of the allegation and the
unlikelihood of identifying the accused parties by other available means.

2. Photographs of department employees may be maintained for the purpose of


identification by citizens of employees accused of misconduct. Photo line-
ups should be prepared utilizing acceptable standards and procedures. Under
no circumstances shall these photographs be used for purposes other than
investigative.

3. Photographs or videotape pictures of employees, with or without their


knowledge, may be taken for the purpose of internal investigations as related
to the employee's job when the employee is suspected of misconduct. When
using such images, the Chief of Police shall consider the nature of the
GO 517.01 – Internal Investigations and Citizen Complaints 11
Rev: 02/19/21
investigation and the circumstances under which the images were taken in
determining the reasonableness of their use.

C. Financial disclosure statements

In accordance with Virginia Code Section 9.1-503, an employee may be compelled


to make financial disclosure statements when directly and narrowly related to
allegations of misconduct involving any unlawful financial gain. Any evidence
gained during the investigation of an administrative matter cannot be used in any
criminal proceeding.

D. Polygraph

1. All personnel shall be required to submit to a polygraph when ordered to do


so by written directive by the Chief of Police related to an internal
administrative investigation concerning allegations of misconduct or
criminal activity. In giving such an order the Chief of Police shall consider
the nature of the allegations in determining the reasonableness of using this
investigative tool or process.

2. The Chief of Police may order an employee to take a polygraph, related to an


internal administrative investigation, when accused of a Category E or
Category F offense(s). These categories are listed and described in General
Order 517.00.

3. The results of the polygraph examination shall not be used as the sole basis
for disciplinary or other employment action.

4. Any polygraph examination given under the provisions of this order shall be
administered by a private contractor licensed to administer polygraph
examinations in the Commonwealth of Virginia. This person may be a
licensed examiner from another law-enforcement agency. No employee of
this department shall administer an examination to another employee.

5. Refusal to submit to a polygraph examination related to an internal


administrative investigation or to answer all questions pertaining to the
charges in such polygraph examination shall be grounds for disciplinary
action and may result in dismissal from the department. In the context of
criminal investigation, an officer may invoke his 5th Amendment right to
refuse to answer any questions, without adverse action for refusing to
answer

6. The following information must be provided to the employee asked to


submit to a polygraph examination:

GO 517.01 – Internal Investigations and Citizen Complaints 12


Rev: 02/19/21
a. The nature of the inquiry, the name and rank of the investigating
officer, and the name and rank of any person present during the
examination.

b. Whether their answers may be used against them in a criminal


prosecution:

i. That they may refuse to take the polygraph or answer any


questions; however in administrative investigations, this
refusal shall be grounds for disciplinary action, which may
include dismissal; and

ii. that in the context of a pending or potential criminal


investigation, answers given during the polygraph
examination does not constitute a waiver of the privilege
against self-incrimination as it relates to criminal matters.

c. A "Polygraph Examination Acknowledgement of Rights" form must be


initialed and signed in the spaces indicated. Refusal to sign the form
shall be grounds for disciplinary action, which may result in dismissal.

E. Investigatory Secrecy Orders

Secrecy orders may be issued to employees involved in an administrative


investigation when the investigator deems such order necessary to maintain the
integrity of the investigation and to prevent possible collusion between witnesses.
Employees violating such order shall be subject to disciplinary action.

F. Workplace Searches

Where the department suspects that an employee has engaged in workplace


misconduct, it may conduct an evidentiary search of property or work areas
assigned to that employee. Property and areas which may be subject to a search
could include, without limitation, the following: desks and their contents, file
cabinets, computers and related applications, storage lockers, department vehicles
assigned to the employee, etc. When conducting workplace searches for
administrative purposes, the Chief of Police shall ensure strict compliance with
applicable case law {O’Conner v. Ortega, 480 U.S. 709 (1987)} and shall
consider the nature of the violation and the reasonableness of the search before
undertaking such an action.

VII. Internal Affairs Files

A. The department shall maintain a log of all complaints.

GO 517.01 – Internal Investigations and Citizen Complaints 13


Rev: 02/19/21
B. Files of completed investigations shall be maintained in a secured internal affairs
file located in the Internal Affairs Office.

C. The complaints and internal investigative files shall be kept in a secure area and
shall be retained in accordance with the Library of Virginia's minimum records
retention period applicable to those records. Thereafter, no such records shall be
destroyed unless the Chief of Police, following consultation with the City
Attorney, determines that there is no further agency need, legal or administrative,
to maintain the records.

D. The Chief of Police shall direct a periodic audit of complaints to ascertain a need for
training or a revision of policy.

E. The Chief of Police shall publish an annual or other periodic summary of


complaints that shall be made available to the public.

VIII. Due Process

A. The Fourteenth Amendment to the Constitution provides that a citizen may not be
deprived of "life, liberty, or property, without due process of law." Public
employees have a limited property interest in continued employment sufficient to
require due process in any administrative proceedings that might result in
suspension or dismissal.

B. The City of Charlottesville's grievance procedure allows for grievances to be filed in


certain cases involving dismissals, demotions, and suspensions resulting from
disciplinary action or unsatisfactory job performance. Sworn police officers may
either follow the City's grievance procedure or the procedure set forth in the Law
Enforcement Officers’ Procedural Guarantees, Code of Virginia §9.1-500 through
§9.1-507. Officers who follow the provisions of the Law Enforcement Officers’
Procedural Guarantees do not later have access to City grievance procedures to
address the same complaint. The City's grievance procedures are located in the
City's personnel regulations and a copy of the procedures may be obtained from
Human Resources.

C. Review of Personnel Files


1. Department personnel may review their official personnel files kept in the
police department by submitting a request in writing to the Office of the
Chief of Police. The secretary to the Chief of Police is authorized to allow
personnel to review their file, which must remain in the Office of the Chief
of Police during review. After reviewing his file, the officer may request
removal of certain documents on the grounds of inaccuracy. These
documents may be removed only at the discretion of the Chief of Police.
Copies of documents may be made with approval of the Chief of Police.

GO 517.01 – Internal Investigations and Citizen Complaints 14


Rev: 02/19/21
2. Department personnel who desire to review their personnel files kept in
the Human Resources Office must make a request in writing to the
Director of Human Resources. After reviewing their file, the officer may
request removal of certain documents on the grounds of inaccuracy. These
documents may be removed only at the discretion of the Human Resources
Director. Copies of documents may be made with approval of the Director
of Human Resources.

GO 517.01 – Internal Investigations and Citizen Complaints 15


Rev: 02/19/21
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 02-04


POLICE ACCIDENT REVIEW BOARD Date: September 5, 2019
VLEPSC Number: Non-Standard Manual Number: 517.02
Effective Date: Sept. 5, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It shall be the policy of the Charlottesville Police Department to forward all accidents
involving Charlottesville Police Department owned or leased vehicles to the Accident
Review Board for a finding of “Avoidable” or “Unavoidable.” However, nothing in this
order shall preclude any departmental accident involving some other act of misconduct to
be investigated and resolved within the Internal Affairs process.

II. PURPOSE
The purpose of the Accident Review Board is to provide consistency in the findings of
accidents investigated involving Charlottesville Police Department owned or leased
vehicles in accordance with General Order 542.01 and to maintain records of these
accidents.

III. PROCEDURE
A. Accident Review Board composition
1. Chairperson – Traffic Section Supervisor
2. Sworn police department supervisor
3. Police officer/detective
(In the event of the Traffic Unit supervisor being the investigating officer
of an accident scheduled for review, the senior police officer assigned to
the Traffic Unit shall be designated as the temporary chairperson.)
B. Accident Review Board Responsibilities
1. Review all accidents involving Charlottesville Police Department owned or
leased vehicles upon completion of supervisor’s investigation.
2. Make a finding of “Avoidable” or “Unavoidable.”

GO 517.02 – Police Accident Review Board 1


Rev: 09/05/2019
3. Provide investigating supervisor the Board’s finding and the officer’s accident
history.
4. Maintain records of all accidents reviewed by the Accident Review Board,
categorized by involved officer.
C. Records
1. The Accident Review Board chairperson shall maintain accident files for a
period of 5 years.
2. Files shall be categorized by involved officer name.
3. Each file shall consist of the following:
a. Copy of FR-300;
b. copy of Supervisor’s Report;
c. copy of court charges filed, if applicable; and
d. copy of Accident Review Board’s finding.

4. A copy of the file that resulted in disciplinary action of category "B" through
"F" will be forwarded to the Internal Affairs Office, in compliance with Series
Number 10233 of the Library of Virginia's Records Management and Imaging
Services Division.
D. Course of Action
1. All accidents will be investigated in accordance with General Order 542.01
2. The investigating officer will forward all accidents to the Accident Review
Board chairperson immediately upon completion of the investigation.
3. The Accident Review Board chairperson will immediately notify the involved
officer of the date, time and location of the hearing to afford the officer an
opportunity to appear.
4. The Accident Review Board may request the investigating supervisor to
appear before the board.
5. The Accident Review Board will convene and make a finding of the following
within ninety (90) days of receiving the accident from the investigating
supervisor:
a. Avoidable;
b. unavoidable;
(The officer’s accident history will not be considered by the
Accident Review Board when making a finding of avoidable or
unavoidable.)
6. The Accident Review Board chairperson will forward the Board’s finding and
officer’s accident history in writing to the officer’s immediate supervisor within

GO 517.02 – Police Accident Review Board 2


Rev: 09/05/2019
one (1) week of the hearing. The Board will also notify the involved officer in
writing of their finding within one (1) week of the hearing.
7. Upon receipt of the Board’s finding, the officer’s immediate supervisor will
promptly make a recommendation of disciplinary or corrective action as
prescribed by General Order 517.00 and forward through the chain of command
to the Chief of Police. No disciplinary action will be taken against an officer in an
accident found by the board as “unavoidable”.

GO 517.02 – Police Accident Review Board 3


Rev: 09/05/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 22-98


SEXUAL HARASSMENT Date: September 6, 2019
VLEPSC Number: PER.02.01, PER.02.02 and PER.02.03 Manual Number: 517.03
Effective Date: Sept. 6, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to promote a cooperative work
environment in which there exists mutual respect for all members of the Department.
Sexual harassment is an unwelcome behavior that erodes morale and rapport among
employees, and impairs employee’s work effectiveness. Sexual harassment is contrary to
the City of Charlottesville’s policy of equal employment without regard to sex and sexual
orientation. Sexual harassment is illegal under federal and state laws, and employee
conduct that results in sexual harassment of other employees will not be tolerated. Such
conduct will result in disciplinary action, including the possibility of termination of
employment.

II. PURPOSE
The purpose of this order is to embody the City of Charlottesville policy that every
employee is prohibited from engaging in conduct that results in sexual harassment of
other employee(s). This directive is designed to provide a procedure for addressing
complaints of sexual harassment occurring within the police department.
However, any police department employee who believes he or she is the subject of sexual
harassment in the workplace should contact his or her supervisor or other appropriate
City official (as defined within this policy) to make a complaint; such complaints will be
referred for investigation and resolution in accordance with all applicable laws, City
regulations and procedures.

III. DEFINITIONS
A. Sexual Harassment: For the purpose of this policy the term sexual harassment shall
mean any unwelcome conduct, such as verbal or written word(s), demand(s), or
action(s), of a sexual nature (including without limitation: any sexual advances;
requests for sexual favors; sexual comments, sexual jokes, sexual gestures, sexual
pictures or sexual innuendo) when:

GO 517.03 – Sexual Harassment 1


Rev: 09/06/2019
1. Submission to such conduct is made, either explicitly or implicitly, a term or
condition of an individual’s employment;
2. Submission or rejection of such conduct by an individual is used as a basis for any
decision(s) affecting that individual’s employment status; or
3. Such conduct has the purpose or effect of substantially interfering with an
individual’s work environment through the creation of intimidating, hostile or
offensive working conditions.
B. Appropriate City Official: For the purpose of this policy, the term: appropriate City
Official” shall mean an individual’s immediate supervisor, any other supervisor or
superior officer within the individual’s chain of command, or the City’s Director of
Human Resources.

IV. RULES OF CONDUCT


A. All Department employees shall adhere to the following rules of conduct:
1. No employees shall engage in sexual harassment while on duty or on City
premises. An employee who violates this directive will be subject to the full range
of disciplinary action available to the City, which may include termination of
employment.
2. No City employee shall retaliate or discriminate against any person(s) who report
or make a complaint of sexual harassment. No City employee shall retaliate or
discriminate against any person(s) who testify, assist or participate in any
investigation, proceeding or hearing regarding a report or complaint of sexual
harassment. A violation of these directives shall render the offending employee
subject to the full range of disciplinary action available to the City, which may
include termination of employment.
3. Any employee who believes they are the subject of sexual harassment perpetrated
by a City employee should contact their supervisor or another appropriate City
official (as defined within this policy) to make a complaint. All complaints will be
referred for investigation and resolution in accordance with all applicable laws,
City regulations and procedures.
4. Allegations of sexual harassment shall be made in good faith, based on facts that
are true to the best of the reporting person’s knowledge, information and belief.
5. No employee of this Department shall retaliate or discriminate against any
person(s) who reports or makes a charge of sexual harassment. No employee of
this Department shall retaliate or discriminate against any person(s) who testify,
assist or participate in any investigation, proceeding or hearing of a complaint of
sexual harassment. A violation of these directives shall result in disciplinary
action, which may include termination of employment. If termination is selected
as the appropriate discipline then the Department shall follow the procedure for
dismissal of an employee set forth within City Personnel Regulations, Section
300-1 of the City’s Standard Operating Procedure.

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6. In the event that the Chief of Police determines that there is clear and convincing
evidence that a complainant has intentionally made a false accusation against
another employee, then the complainant shall be subject to disciplinary action,
which may include termination of employment. Employees shall understand,
however, that not every complaint that may be determined to be “unfounded”
upon evidence available will be deemed to have been made in bad faith. In order
for bad faith to be found, and for the City to impose disciplinary measures upon a
complainant, there must be clear convincing evidence of intentional misconduct
by the complainant. (If an individual’s employment will be terminated then the
Department shall follow the procedures for dismissal set forth within the City’s
Personnel Regulations.

V. PROCEDURE
A. Any member of the Department who believes that they are the subject of sexual
harassment or who becomes aware of an incidence of sexual harassment taking place
in the workplace, shall immediately file a complaint with an appropriate City official.
Every employee shall have the right to go outside of their chain of command, to the
City’s Director of Human Resources, to make a complaint of sexual harassment.
B. The complaint shall be in writing and shall document all pertinent facts, including the
name of the offending employee, the name(s) of any witnesses, the date(s) and
time(s) of the offending conduct, a description of the offending conduct and any other
supporting information the complainant can provide. If the reporting employee
declines to provide a written statement, the person to whom the report is brought shall
have the responsibility to document the complaint and initiate an investigation.
C. A supervisor, superior officer, or the City’s Director of Human Resources, after
receiving a complaint of sexual harassment, shall immediately notify the Chief of
Police through the chain of command. The Chief of Police shall immediately notify
the Director of Human Resources. The notification shall include a copy of the written
complaint. The Chief of Police shall review the details of the incident and assign the
matter for further investigation by the Internal Affairs Investigator or Director of
Human Resources or a combination thereof. In any case where a complaint alleges
sexual harassment as the result of the conduct of one or more person(s) within an
individual’s direct chain of command, the investigation shall be conducted by either
the Director of Human Resources or by one or more individuals within the
Department who are not subject to the immediate supervision or command of the
alleged harasser(s).
D. The investigation will be conducted in as confidential a manner as possible under the
circumstances and information obtained during the investigation will be shared only
on a “need to know basis”. City employees who will be privy to the contents of the
complaint and to the information gathered during an investigation shall include the
Chief of Police, the investigator(s), the Internal Affairs Investigator, the
complainant’s Commander, the alleged harasser’s Commander or head of the
Department of the alleged harasser, the City Attorney, the Director of Human
Resources and the City Manager.

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Rev: 09/06/2019
E. The investigator will prepare a written report documenting all of the factual
information and evidence gathered during the investigation, together with the
investigator’s assessment of the reliability of the facts and evidence reported. The
report shall contain information obtained though the complainant’s written statement,
interviews of the complainant and the alleged harasser, and interviews of any
witnesses named by either the complainant or the harasser (or other witnesses
otherwise identified by the investigator). The person who is the subject of the
complaint (the alleged harasser) will be required to provide the investigator with a
written statement in response to the complainant’s allegations, and the investigator
shall include this written statement as part of his final report.
F. The investigator’s written report shall not contain the investigator’s opinions or
conclusions about whether or not the conduct complained of or discovered during the
investigation constitutes “sexual harassment” as defined by this policy. Rather, the
report shall be thorough, accurate, and contain an impartial documentation of all facts
and evidence pertaining to the complaint or whether or not such facts and evidence
support the complaint. Upon completion of the written report of the investigation, the
investigator shall transmit a copy of his or her report to the Chief of Police. The Chief
of Police shall provide a copy of the report to the Director of Human Resources. The
Chief of Police shall notify the appropriate Bureau Commander(s) that the report has
been completed.
G. The investigator shall make their best effort to complete the investigation of a
complaint of sexual harassment within ten (10) days after the date upon which the
complaint was taken. However, if completion of a full and fair investigation of a
complaint cannot be completed in time for allowing the filing of a report within this
time frame, the investigator shall send an interim report to the Chief of Police prior to
the expiration of the 10 days, including a summary of the progress of the
investigation at the time. The status of an investigation shall be reported in this same
manner to the Chief at 10-day intervals until complete.
H. While an investigation remains pending, there shall be no adverse consequences taken
with respect to either the complainant, the subject (if different than the complainant)
or the alleged harasser. However, if, in the determination of the Chief of Police,
following consultation with the Director of Human Resources and the City Attorney,
it would be in the best interests of the City for the complainant and the alleged
harasser to have limited contact pending final disposition of the complaint, the
schedules of the parties, or the employment relationship between the parties, may be
temporarily altered, but only if there is no change in the salary, benefits or status of
either employee.
I. Upon receipt of the investigator’s final written report, the Chief of Police shall review
the report with the Director of Human Resources and the City Attorney’s office and
make a determination as to whether the information available supports a finding of
sexual harassment, as defined by this policy. Upon a finding that an employee has
engaged in conduct amounting to sexual harassment as defined by this policy, the
Chief of Police shall consult with the other individuals in the offending employee’s
chain of command and with the Director of Human Resources, to determine the
appropriate disciplinary measure(s) to be taken, which may include termination of

GO 517.03 – Sexual Harassment 4


Rev: 09/06/2019
employment. In the event the Chief of Police determines that the information
available does not support a finding of sexual harassment, as defined by this policy,
then no adverse action shall be taken against either the complainant or the alleged
harasser, on the basis of the sexual harassment claim.
J. However, if any conduct alleged and substantiated during the investigation, or
conduct discovered during the investigation, justifies disciplinary action against an
employee for employment related reasons other than those set forth within this
policy’s definition of sexual harassment (e.g., the conduct amounts to employee
misconduct even if it does not fit the definition of sexual harassment), then the Chief
of Police may impose disciplinary action upon the employee(s) who engaged in such
conduct, even if the Chief’s disposition of the sexual harassment charge is
“unfounded”.
K. Once the Chief of Police has rendered his determination with respect to the merits of
the complaint of sexual harassment, the complainant and the person who is the
subject of the complaint shall each be notified, in writing, of the disposition
(“founded” or “unfounded”) of the complaint. Unless or until required by law, no
copy of the investigator’s written report shall be provided to either party at that time.
For the purpose of this investigation the term “unfounded” shall mean that the Chief
of Police was unable, upon the facts available to them as a result of the investigation,
to conclude that sexual harassment, as defined by this policy, was committed by the
person who is the subject of the complaint. The notice sent to the alleged harasser
shall identify what, if any, disciplinary action is being imposed upon him or her. If an
individual’s employment will be terminated as a result of the Chief’s determination,
then the Department shall follow the procedure(s) for dismissal which are set forth
within the City’s Personnel Regulations.
L. All written reports and other records of completed sexual harassment investigations,
and all copies thereof, including those generated in connection with a complaint
determined by the Chief of Police to be “unfounded” shall be filed in the Office of
Professional Standards. If a complaint involves one or more City employees outside
the Department such report and records shall also be filed in the Office of Human
Resources. No copies of any such records shall be maintained in any other
department, except the City Attorney’s office.

VI. Protection of Rights


A. A member of the Department may utilize the City’s formal grievance procedure to
appeal the Chief’s final determination with respect to a complaint of sexual
harassment, or to appeal any disciplinary action taken following investigation of such
complaint. In the event a grievance is pursued the grieving party shall not be required
to complete steps I and II of the City’s Grievance Procedures. The grieving party may
begin their grievance by complying with Step III of the City’s Grievance Procedures.
B. In the event there is a conflict between the contents of this General Order and the
contents of the City’s Personnel Regulations, the provisions of this General Order
shall control in determining the City’s Policy with respect to employees of the Police
Department. In the event this General Order is silent on a matter addressed by the

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Rev: 09/06/2019
City’s Personnel Regulations, the City’s Personnel Regulations shall control in
determining the City’s policy with respect to employees of the Police Department. In
the event the City’s Personnel Regulations are silent on a matter addressed within this
General Order, the provisions of this General Order shall control in determining the
City’s policy with respect to employees of the Police Department.
C. This policy will be reviewed and/or revised as necessary to ensure the consistency
with City Personnel Regulations and police accreditation standards.

GO 517.03 – Sexual Harassment 6


Rev: 09/06/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 11-02


LAWSUIT PAPERS Date: September 6, 2019
VLEPSC Number: Non-Standard Manual Number: 517.04
Effective Date: Sept. 6, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It shall be the policy of the Charlottesville Police Department that whenever any lawsuit,
regardless of its nature, is instituted by or against any member of the Charlottesville
Police Department that it be immediately brought to the attention of the Office of the
Chief of Police, and in certain cases, the City Attorney.

II. PURPOSE
The purpose of this directive is to establish guidelines for the handling of lawsuit papers
instituted by or brought against members of the Charlottesville Police Department and
claims against the City of Charlottesville. This order consists of the duties and
responsibilities for department members.

III. PROCEDURE
A. Lawsuits Instituted Against Department Employees as a Result of Official Duties

1. Department members shall immediately, upon receipt of any court papers,


relating to any lawsuit which arises out of or concerns the performance of
their official duties, hand carry such papers to the office of the City
Attorney no later than the next business day following receipt. This shall
include any follow-up or support papers. No employee of the Department
shall accept any service of process directed to any other City official or
employee, or on behalf of any other official or employee, or on behalf of
the City of Charlottesville.

a. Department members shall immediately, upon receipt of any


lawsuit papers covered under this section, also hand carry a copy to
the Office of the Chief of Police. Follow-up and support papers
need not be forwarded unless requested.

GO 517.04 – Lawsuit Papers


Rev: 09/06/2019
b. Federal court rules allow for service of process by mail in certain
instances. If a Department member should receive mailed service
of process, the Office of the Chief of Police and City Attorney
shall be contacted before returning any acknowledgment of receipt
of service.
c. With respect to any service of process received by a Department
member, the following information shall be noted in ink on the
front of the papers served:
i. Full name and address of the person serving the process (if
applicable;
ii. time, date and place of the services; and
iii. name of the Department member receiving the process.
2. If a law enforcement officer is investigated, arrested or indicted, or otherwise
prosecuted on any criminal charge arising out of any act committed in the
discharge of his official duties, and if no charges are brought, a charge is
subsequently dismissed, or upon trial the officer is found not guilty, the
officer may request the city council to reimburse reasonable legal fees and
expenses incurred in defense of such investigation or charge. All such
requests for reimbursement shall be made in writing, and directed to the City
Attorney, and a copy provided to the Chief of Police.

B. Lawsuits Instituted Against Department Members Not as a Result of Official Duties

1. Department personnel, immediately upon receipt of any lawsuit papers under


this section (including without limitation, pleadings in response to a lawsuit
initiated by the employee which may implicate the City), shall hand carry a
copy to the Office of the Chief of Police. Follow-up and support papers
need not be forwarded unless requested.

2. The City Attorney need not be notified in these cases unless so directed by
the Office of the Chief of Police.

3. In any personal legal action brought against a Department member, service


of process shall be directed to such officer or employee. Service of process
shall not be accepted by any other Department member on behalf of the
employee to whom the service is directed.

C. Lawsuits Initiated by Department Members

A Department member shall immediately notify the Office of the Chief of Police in
writing whenever they initiate legal proceedings against a party as a result of an act or
injury that occurred while the member was performing their official duties. In addition,
the Department member shall personally notify the City Attorney and shall provide the
City attorney with a copy of the petition, motion for judgment, or other pleadings by
which the lawsuit was initiated.

GO 517.04 – Lawsuit Papers 2


Rev: 06/03/15
D. Claims Against the City of Charlottesville

A claimant shall be advised that the proper procedure under state law (Va. Code §15.2-
209) for filing a claim seeking compensation from the City for injury to persons or
property is by promptly filing a written notice with the City Attorney's office (or with
the Mayor or City Manager). The claimant can also be advised to call the office of the
City Attorney for information on the requirements of the written notice.

GO 517.04 – Lawsuit Papers 3


Rev: 06/03/15
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 145.00


PERFORMANCE EVALUATIONS Date: September 6, 2019
VLEPSC Number: PER.06.01 & PER.06.02 Manual Number: 517.05
Effective Date: Sept. 6, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to adhere to the City of
Charlottesville’s Performance Evaluation Policy for evaluating the work performance of
its employees. The evaluation process is intended to meet the City of Charlottesville’s
evaluation guidelines as well as the needs of the Department.

II. PURPOSE
The purposes of an evaluation system serve both management and the individual
employee. Essentially, these are to foster fair and impartial personnel decisions, maintain
and improve performance, provide a medium for personnel counseling, facilitate proper
decisions regarding probationary employees, provide an objective and fair means for
measurement and recognition of individual performance in accordance with prescribed
guidelines and to identify training needs.

III. PROCEDURE
A. Probationary Period
1. Civilian Personnel
a. The period of probation for civilian personnel shall be for six months
from the employee’s date of employment, but may be extended based
upon performance.
2. Sworn Personnel
a. The period of probation for non-sworn personnel shall be twelve
months from the date of their regional academy graduation, but may be
extended based upon performance.
b. The period of probation for sworn Virginia certified officers shall be
twelve months from the date of hire, but may be extended based upon
performance.

GO 517.05 – Performance Evaluations 1


Rev: 09/06/2019
3. During the employee’s probationary period, their immediate supervisor will
conduct at minimum two written performance evaluations. One of which will be
conducted at the midpoint of the probationary period. This will aid the employee
and the supervisor in measuring the employee’s progress in fulfilling the
requirements of regular status.
B. Performance Evaluations
1. Members of the Department, who are not on probation, will receive a
performance evaluation once per calendar year.
2. The annual performance evaluation must be reported on approved City forms in
accordance with City Personnel Regulations.
3. At the conclusion of the rating period, each employee will be counseled by their
immediate supervisor and the results documented in the following areas to
include, but not limited to:
a. Results of the performance evaluation just completed;
b. level of performance expected, rating criteria or goals for the new
reporting period; and
c. career counseling relative to such topics as remedial training,
promotion, and area(s) of specialization that are appropriate to the
employee’s position.

GO 517.05 – Performance Evaluations 2


Rev: 09/06/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 05-03


SUSPENSION OF POLICE POWERS Date: September 6, 2019
VLEPSC Number: PER.08.01, PER.09.02 Manual Number: 517.06
Effective Date: Sept. 6, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE

The purpose of this order is to establish the policy and procedure governing the administrative
suspension of a sworn employee’s police powers.

II. POLICY

It is the policy of the Charlottesville Police Department to suspend the police powers of any
officer whose continued presence on the job is deemed to be a substantial and immediate
threat to the welfare of the Department, the public, and/or themselves. The suspension of
police powers shall remain in effect until the employee receives written notification from the
Chief of Police or his designee, stating that the officer’s powers have been reinstated.

III. DEFINITIONS

A. Police Powers: The authorization of an employee of the police department to act in an


official capacity as a law enforcement officer for the City of Charlottesville, Virginia
(including, without limitation: making arrests, carrying a firearm, executing court papers,
working off-duty in a job that might require an employee to act in a law enforcement
capacity, and otherwise functioning as a law enforcement officer).

IV. PROCEDURE

A. Any supervisor may recommend to a Shift Commander, their immediate supervisor, the
Division Commander or the Chief of Police that a sworn employee’s police powers be
suspended.

B. The Chief of Police, or such persons designated by the Chief, may suspend the police
powers of any sworn employee, upon a determination that the employee presents a
substantial and immediate threat to the welfare of the department, the public, or the

GO 517.06 Suspension of Police Powers 1


Rev: 09/06/2019
employee themselves. When such police powers are suspended, the following actions
must be taken:

1. A letter shall be prepared advising the officer that their police powers are to be
suspended. The letter shall state the effective date of the suspension, the reason(s)
for the suspension, and will specify the officer’s pay status during the period in
which the police powers remain suspended. The letter will include a statement that
the officer will be required to surrender Department-issued weapons and equipment
for the time in which the police powers remain suspended. The Chief of Police or
such persons designated by them shall sign the letter and shall designate an
appropriate Division Commander to serve the letter.

2. The designated Division Commander shall serve the letter on the officer. The
designated Division Commander shall ensure that a copy of the letter is forwarded to
the Office of the Chief of Police.

3. The officer shall immediately turn in their badge, service weapon, ID, cap shield and
other appropriate equipment to the supervisor who serves the letter.

C. In each case in which an officer’s police powers are suspended under this policy, the
Chief of Police or their designee shall determine what the officer’s leave status shall be.
In making the determination, the Police Chief shall consider the factual circumstances
that form the basis of the police-power suspension, applicable City personnel and leave
policies, and the requirements of federal and state law.

D. Administrative suspensions of police powers, in and of themselves, are not disciplinary


in nature and are not able to be grieved. However, in the event a suspension of an
officer’s police powers is effectuated during and in connection with a dismissal,
demotion, disciplinary suspension without pay, transfer for punitive reasons, or other
disciplinary action, nothing in this policy will affect the officer’s right to grieve that
specific disciplinary action.

E. Situations which may lead to the suspension of an officer’s police powers shall include
but are not limited to the following:

1. Failure to meet state certification or training requirements;

2. alleged violation of Department rules, regulations, policies or procedures;

3. alleged Violation of federal, state, or local laws/ordinances;

4. when an officer’s behavior indicates that they are unfit for duty; and

5. when other circumstances indicate that the officer presents a risk to the public, the
Department, or themselves.

GO 517.06 Suspension of Police Powers 2


Rev: 09/06/2019
F. In cases where the Police Chief or their designee determines that circumstances
requiring suspension of an officer’s police powers cannot be remedied, or are not likely
to be remedied within a reasonable period of time, an officer’s employment may be
terminated in accordance with City policies and applicable laws. Where appropriate or
required by law, the Chief may notify the Criminal Justice Services Board of cause for
de-certification pursuant to Virginia Code §15.2-1707.

GO 517.06 Suspension of Police Powers 3


Rev: 09/06/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-10


Duty to Disclose Date: September 6, 2019
VLEPSC Number: Non-Standard Manual Number: 517.07
Effective Date: Sept. 6, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of this agency to require that law enforcement personnel provide all
potentially exculpatory evidence to prosecutors. This information should be made
available to the prosecutor for a determination of whether said information is “Brady”
material prior to officer’s appearance in court.

II. PURPOSE

The purpose of this policy is to ensure that agency personnel are in compliance with the
United States Supreme Court decisions of Brady v Maryland (1963) and Giglio v United
States (1972) and their progeny. An agency and its personnel could be subject to liability
in Federal and State court for failing to disclose to a prosecutor any evidence that may be
favorable to a defendant.

III. DEFINITIONS
A. Duty to Disclose: The landmark decision of Brady v Maryland (1963) places an
affirmative constitutional duty on a prosecutor to disclose exculpatory evidence to a
defendant. This duty has been extended to police agencies through case law,
requiring law enforcement agencies to notify the prosecutor of any potential
exculpatory information.
B. Exculpatory Evidence/Brady Material: Evidence in the government’s possession that
is favorable to the accused and is material to either guilt or punishment, including
evidence that may impact the credibility of a witness.

IV. PROCEDURE
1. Officers are required to document all investigative activity involved in an
investigation, including exculpatory information.

GO 517.07 – Duty to Disclose


Rev: 09/06/2019
2. All official reports involving an investigation shall be submitted to the prosecuting
authority prior to actual prosecution of the case. The prosecutor will determine what
information contained in the case file will be provided to defense counsel.

3. It will be the responsibility of the Office of Professional Standards to review all


officers’ files to determine if any officer has an allegation of misconduct that would
negatively impact the officer’s credibility as a witness. Such misconduct may include
that which reflects upon truthfulness, any past or pending criminal charge brought
against and employee, or any credible allegations of misconduct that reflects upon
truthfulness or bias. The Commander of the Office of Professional Standards shall
meet with the prosecutor’s office to establish a procedure whereby the intent of this
policy is carried out.

4. Furthermore, each employee who is notified to appear as a witness in a criminal case


has an individual obligation under this policy to notify the prosecutor on the specific
case of any sustained disciplinary history that may impact credibility and qualify as
“Brady” material.

5. When requested by the U.S Attorney’s Office, officers who are potential witnesses in
a federal case or signatories on a federal affidavit shall complete a Giglio
questionnaire in the presence of an AUSA. If based on the officer’s responses to the
questionnaire, the AUSA believes that potential Giglio material may exist; the AUSA
will discuss the responses with the U.S. Attorney’s Giglio Chief. The Giglio Chief
will then conduct any follow-up needed to make a final determination through our
Department’s Office of Professional Standards. The Office of Professional Standards
Commander shall advise the Chief of Police of all such inquiries.

6. Supervisors shall ensure that all sworn personnel are familiar with the requirements of
this policy and will stress the importance of credibility as an essential requirement of
being able to function as a police officer.

7. It shall be the policy of this department to remove from enforcement positions those
officers who have been investigated and found to have a sustained allegation(s) that
would likely impeach or otherwise disqualify their testimony.

2
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 003-10


Social Media Date: November 20, 2019
VLEPSC Number: NA Manual Number: 517.08
Effective Date: Nov. 20, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The use of Social Media, such as Facebook and Twitter, are becoming more common in
our daily lives. This Department endorses the secure use of social media to enhance
communication, collaboration, and information exchange, streamline processes, and
foster productivity. This policy establishes this department’s position on the utility and
management of social media and provides guidance on its management, administration,
and oversight. This policy is not meant to address one particular form of social media, but
social media in general, as advances in technology will occur and new tools will emerge.
II. POLICY
Social media provides a new and potentially valuable means of assisting the Department
and its personnel in meeting community outreach, investigative, crime prevention, and
other police related objectives. This policy identifies potential uses that may be explored
or expanded upon by administrative and supervisory personnel. The Department also
recognizes the role that these tools play in the personal lives of Department personnel.
The personal use of social media can have bearing on Departmental personnel in their
official capacity. As such, this policy provides information of a precautionary nature as
well as prohibitions on the use of social media by Department personnel.

III. DEFINITIONS
A. Blog: A self-published diary or commentary on a particular topic that may allow
visitors to post responses, reactions, or comments. The term is short for “Web log.”

B. Page: The specific portion of a social media website where content is displayed, and
managed by an individual or individuals with administrator rights.

C. Post: Content shared on a social media site or the act of publishing content on a site.
D. Profile: Information that a user provides about himself on a social networking site.

GO Number 517.08 Social Media 1


Rev: 11/20/2019
E. Social Media: Any category of internet-based resources that integrate user-generated
content and user participation. This includes, but is not limited to, social networking
sites such as Facebook and MySpace, micro-blogging sites such as Twitter and Nixle,
photo- and video sharing sites such as Flickr and YouTube, wikis such as Wikipedia,
blogs, and news sites such as Digg and Reddit as well as chatting or instant
messaging on sites.

F. Social Networks: Online platforms where users can create profiles, share information,
and socialize with others using a range of technologies.

G. Speech: Communication of thoughts or opinions in spoken words, writing, expressive


conduct, symbolism, photographs, videotape, or other forms of communication.

H. Web 2.0: The second generation of the World Wide Web focused on shareable, user-
generated content, rather than static web pages. Some use this term interchangeably
with social media.

I. Wiki: Web page(s) sharing information that is intended to be factual that can be edited
collaboratively and is not vetted by an official source or company.

IV. PROCEDURES FOR ON-THE-JOB USE


A. Department-Sanctioned Presence on Social Media
1. Determined strategy
a. Where possible, each social media page shall include an introductory
statement that clearly specifies the purpose and scope of the agency’s
presence on the website.
b. Where possible, the page(s) should link to the department’s official
website.
c. Social media page(s) shall be designed for the target audience(s) such
as youth or potential police recruits.
2. Procedures
a. All department social media sites or pages shall be approved by the
chief executive or their designee and shall be administered by:
i. Chief of Police or their designee or
ii. The Public Information Officer or their designee.

These administrators shall be responsible for approving the use of all


pictures, content, videos or other facsimiles of department officers,

GO Number 517.08 Social Media 2


Rev: 11/20/2019
uniforms, events or logos that are posted on the department’s social media
sites. Once approved, the material will be forwarded to the Public
Information Officer or their designee for posting to the department’s social
media sites.
b. All other social media sites or pages that wish to use pictures, videos
or other facsimiles of department officers, uniforms, events or logos
for any reason, but specifically as it relates to promotional or fund
raising efforts, and that are not open source are required to have the
materials reviewed and approved by the Chief of Police or their
designee prior to posting.
c. Where possible, social media pages shall clearly indicate they are
maintained by the department and shall have department contact
information prominently displayed.
d. Social media content shall adhere to applicable laws, regulations, and
policies, including all information technology and records
management policies.
i. Content is subject to public records laws. Relevant records
retention schedules apply to social media content.
ii. Content must be managed, stored, and retrieved to comply with
open records laws and e-discovery laws and policies.
e. Where possible, social media pages should state that the opinions
expressed by visitors to the page(s) do not reflect the opinions of the
department.
i. Pages shall clearly indicate that posted comments will be
monitored and that the department reserves the right to remove
obscenities, off-topic comments, and personal attacks.
ii. Pages shall clearly indicate that any content posted or submitted
for posting is subject to public disclosure.
3. Department Endorsed Use of Social Media
a. Personnel representing the department via social media outlets are
recognized as holding a sensitive position and shall do the following:
i. Identify themselves as a member of the department;
ii. conduct themselves at all times as representatives of the
department and, accordingly, shall adhere to all department
standards of conduct and observe conventionally accepted protocols
and proper decorum;
iii. not make statements about the guilt or innocence of any suspect
or arrestee, or comments concerning pending prosecutions, nor post,
transmit, or otherwise disseminate confidential information,
including photographs or videos, related to department training,

GO Number 517.08 Social Media 3


Rev: 11/20/2019
activities, or work-related assignments without express written
permission; and
iv. not conduct political activities or private business.
b. Acting as an endorsed agent in the use of social media is prohibited
without authorization.
c. Department personnel use of personally owned devices to manage the
department’s social media activities or in the course of official duties
is prohibited without express written permission.
d. Employees shall observe and abide by all copyright, trademark, and
service mark restrictions in posting materials to electronic media.
B. Other Potential Uses of Social Media
1. Social media may be a valuable investigative tool when seeking evidence or
information in various situations.
a. Search methods shall not involve techniques that are a violation of
existing law.
b. Social Media may be used to investigate but is not limited to the
following:
i. Missing persons
ii. wanted persons;
iii. gang participation;
iv. sex crimes;
v. crimes perpetrated online (e.g., cyber bullying, cyber stalking);
and
vi. evidence such as but not limited to photos or videos of a crime
posted by a participant or observer.
2. Social Media may be used for community outreach and engagement through:
a. Providing crime prevention tips;
b. offering online-reporting opportunities;
c. sharing crime maps and data;
d. soliciting tips about unsolved crimes (e.g., Crimestoppers)
3. Social media may be used to make time-sensitive notifications related to
a. road closures,
b. special events,
c. weather emergencies, and
d. missing or endangered persons.

GO Number 517.08 Social Media 4


Rev: 11/20/2019
4. Social Media can be a valuable recruitment mechanism as persons seeking
employment and volunteer positions use the Internet to search for opportunities.
5. Social Media is a valuable tool in performing internet-based background
investigations of job candidates. The department has an obligation to include
using social media outlets in these investigations.
a. Searches should be conducted by a non-decision maker. Information
pertaining to protected classes shall be filtered out prior to sharing any
information found online with decision makers.
b. Persons authorized to search Internet-based content should be deemed
as holding a sensitive position.
c. Search methods shall not involve techniques that are a violation of
existing law.
d. Vetting techniques shall be applied uniformly to all candidates.
e. Every effort must be made to validate Internet based information
considered during the hiring process.
f. Potential employees shall be informed that the police department will
be searching social media sites as part of their background
investigation.
V. PROCEDURES FOR PERSONAL SOCIAL MEDIA USE
A. Precautions and Prohibitions of Employees
1. Barring state law or binding employment contracts to the contrary, department
personnel shall abide by the following when using social media.
a. Department personnel are free to express themselves as private
citizens on matters of public concern on social media sites to the
degree that their speech does not impair working relationships of this
department for which reputational integrity and confidentiality are
important, impede the performance of duties, impair discipline and
harmony among coworkers.
b. As public employees, department personnel are cautioned that speech
on or off-duty, made pursuant to their official duties—that is, that
owes its existence to the employee’s professional duties and
responsibilities—is not protected speech under the First Amendment
and may form the basis for discipline if deemed detrimental to the
department. Department personnel are advised to strongly consider if
their speech and related activity on social media sites will negatively
reflect upon their office and department.
c. Department personnel shall not post, transmit, or otherwise
disseminate any information to include photos or videos, to which they
have access as a result of their employment without written permission
from the chief executive or their designee.

GO Number 517.08 Social Media 5


Rev: 11/20/2019
d. For safety and security reasons, department personnel are cautioned
not to disclose their employment with this department nor shall they
post information pertaining to any other member of the department
without their permission. As such, department personnel are cautioned
not to do the following:
i. Display department logos, uniforms, or similar identifying items
on personal web pages (e.g., Department vehicles, crime scenes,
traffic stops, and information regarding calls for service,).
ii. Post personal photographs of themselves or other LE officers or
provide similar means of personal recognition that may cause them
to be identified as a police officer of this or any department.
e. Officers who are, or who may reasonably be expected to work in
undercover operations, shall not post any form of visual or personal
identification on any Social Media site.
f. It is forbidden for department personnel to post any photograph or
video of any other person using, or in control of, any departmental
uniform or portion of a uniform, or other identifiable department
equipment or reasonable facsimile thereof unless it it posted on an
official department branded website with permission granted by the
Chief of Police, Public Information Officer, or their designee.
g. When using social media, department personnel should be mindful that
their speech becomes part of the worldwide electronic domain.
Therefore, adherence to the department’s code of conduct is required
in the personal use of social media. In particular, department personnel
are prohibited from the following:
i. Speech containing obscene or sexually explicit language,
images, or acts;
ii. any statements or other forms of speech that ridicule, malign,
disparage, or otherwise express bias against any race, any religion,
or any protected class of individuals; and
iii. speech involving themselves or other department personnel
reflecting behavior that would reasonably be considered reckless or
irresponsible.
h. Engaging in prohibited speech noted herein, may provide grounds for
undermining or impeaching an officer’s testimony in criminal
proceedings. Department personnel thus sanctioned are subject to
discipline up to and including termination.
i. Department personnel may not divulge information gained by reason
of their authority; make any statements, speeches, appearances, and
endorsements; or publish materials that could reasonably be
considered to represent the views or positions of this department
without express authorization.

GO Number 517.08 Social Media 6


Rev: 11/20/2019
j. Department personnel should be aware that they may be subject to
civil litigation for:
i. publishing or posting false information that harms the reputation
of another person, group, or organization (defamation);
ii. publishing or posting private facts and personal information
about someone without their permission that has not been
previously revealed to the public, is not of legitimate public
concern, and would be offensive to a reasonable person;
iii. using someone else’s name, likeness, or other personal
attributes without that person’s permission for an exploitative
purpose; or
iv. publishing the creative work of another, trademarks, or certain
confidential business information without the permission of the
owner
k. Department personnel should be aware that privacy settings and social
media sites are constantly in flux, and they should never assume that
personal information posted on such sites is protected.
l. Department personnel should expect that any information created,
transmitted, downloaded, exchanged, or discussed in a public online
forum may be accessed by the department at any time without prior
notice.
B. Personal Use of Social Media While at Work
All department employees shall comply with general internet use policy as well as
recognize that time and effort spent in communication on any social media or
networking site has the potential for disruption of work. Any such
communication shall be done on personal time and not interfere with productivity
and if deemed to do so may result in disciplinary action.
C. Reporting of Violations
Any employee becoming aware of, or having knowledge of any posting or any
website or web page in violation of the provision of this policy, or any Social
Media use that interferes with work productivity, or otherwise negatively effects
the department shall, notify that employees direct supervisor immediately for
follow-up action.
i. The Chief of Police, Public Information Officer, or their
designee may require department personnel to attend regular
trainings to ensure the best pratices for social media use are being
met.

GO Number 517.08 Social Media 7


Rev: 11/20/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect
to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 01-03


USE OF SICK LEAVE Date: May 4, 2020
VLEPSC Number: Non-Standard Manual Number: 517.10
Effective Date: May 4, 2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department views sick leave as a benefit for employees to use
if they or a member of their immediate family become ill or injured. It is the policy of this
Department to monitor sick leave usage. Inappropriate use of sick leave will not be
tolerated, since it adversely affects other employees as well as the efficiency of the
Department’s operations. Employees who abuse sick leave will be subject to disciplinary
action, up to and including termination.
II. PURPOSE
The purpose of this policy is to clarify how and when sick leave may legitimately be used
and to prescribe consequences for employees who abuse it.
III. DEFINITIONS
A. FMLA: means and refers to the provisions of the federal Family and Medical Leave
Act, which requires the City to provide twelve (12) weeks of unpaid leave for certain
eligible employees who have serious health conditions or who need to care for a
seriously-ill spouse, son, daughter, or parent.
B. Sick Leave Absence: refers to time away from work taken by an employee due to illness
or a health condition that prevents the employee from performing the essential
functions of their job, or due to medical or health care appointments.
C. Sick Leave Abuse: consists of an absence that:
1. Is not covered by FMLA;
2. has not been authorized in accordance with applicable City policies; and,
3. falls within one or more of the following categories:
a. The use of 80 hours or more of undocumented sick leave within the
previous 12 months;
b. seven (7) separate unapproved undocumented sick leave absences in a
12-month period; and

GO 517.10 – Sick Leave Abuse 1


Rev: 05/04/2020
c. a pattern or frequency of sick leave usage indicating that it is
reasonably likely that such leave is not being used for its intended
purpose.
IV. PROCEDURE
A. Supervisors are responsible for monitoring sick leave usage of their immediate
employees, and for collecting leave slips from those employees for each absence from
work.
B. Department supervisory personnel who are considering making a determination that
an employee has engaged in sick leave abuse shall consult with the Director of
Human Resources prior to taking any action.
C. The sick leave allowance of an employee may be used for the following:
1. Personal sick leave: An illness, injury other health condition incapacitating the
employee and preventing the employee from performing assigned duties, doctor
or dental appointments during working hours, and exposure to contagious disease
such that the employee’s presence on the job would jeopardize the health of co-
workers or the public.
2. Family sick leave: An illness, injury or other health condition in the
immediate family, including doctor and dental appointments, requiring the
attendance of the employee.
D. An employee shall complete a leave report for each sick leave absence, as follows:
1. When the need for a sick leave absence is foreseeable, the employee shall
complete the leave form by the Department in advance of the absence. The
employee shall submit such leave form as soon as the need for the sick leave is
identified. Failure to comply with this requirement may result in denial of
requested sick leave.
2. When the need for a sick leave absence was not foreseeable, the employee
shall contact a supervisor from their Bureau or work group prior to the
commencement of their next scheduled shift to report the need for the sick leave,
and the date/time of their anticipated return. In cases where a sick leave absence
is the result of an emergency situation that prevents the employee from
communicating with a Bureau or work group supervisor prior to the scheduled
shift, the employee shall contact a Bureau or work group supervisor as soon as
possible. The employee shall then complete a leave report form immediately
(e.g., the same day) upon returning to duty. Failure to comply with these
requirements may result in denial of requested sick leave.
3. Employees shall contact a supervisor from their Bureau or work group each
workday and notify them of their status and when they anticipate returning to
work.
4. Upon receiving a leave form, the Department will review the form and
approve or deny the request to charge the employee’s sick leave account. Sick
leave is granted at the discretion of the Department and may be refused if not
properly justified in the opinion of the Chief of Police. An employee should not

GO 517.10 – Sick Leave Abuse 2


Rev: 05/04/2020
assume that sick leave will be approved and charged simply because he has an
accumulated sick leave balance. Sick leave is a benefit and not entitlement.
E. Documentation of Need for Sick Leave shall be provided by an employee as follows:
1. When an employee has been away from work on sick leave for a consecutive
total of 40 work hours, then before returning to work the employee must obtain a
written statement from their attending physician or health care provider certifying
that the employee is fit to return to their regular duties. Where applicable, the
employee will be informed by their supervisor that the leave will be counted
toward their FMLA eligibility.
2. Prior to a foreseen sick leave absence of 40 consecutive work hours, an
employee’s supervisor may require a physician’s or health care provider’s written
statement, as described above, if in the Department’s judgment this information is
necessary.
F. Restricted Sick Leave Status
1. Any employee meeting the criteria of sick leave abuse shall be placed on
restricted leave status. Thereafter, no non-FMLA-qualified sick leave shall be
approved unless the employee submits a physician’s statement verifying that, for
each day of the proposed sick leave absence, the employee was unable to perform
their assigned duties, was suffering from a contagious disease such that their
presence on the job would jeopardize the health or safety of their co-workers or the
public, or was required to care for a member of their immediate family. If the
employee fails to provide such documentation, sick leave will be refused and the
time away from work will be charged to the employee’s accumulated vacation leave
or will be categorized and treated, for payroll and disciplinary purposes, as absence
without leave (without pay). A supervisor shall consult with the Director of Human
Resources prior to taking any such action.
2. An employee who has been placed on restricted sick leave status will remain
on that status until:
a. They have fewer than 80 hours attributable to sick leave (approved or
unapproved; family and personal sick leave, combined) for a twelve-month
period, excluding FMLA-qualified leave, or
b. The employee’s pattern of sick leave usage improves to the satisfaction
of their supervisor.
G. Performance Evaluation
1. Sick leave abuse shall be a factor considered in performance evaluations.
Supervisors will be required to document, as part of an employee’s performance
evaluation, that any abuse of sick leave has been discussed and that the employee
has been made aware of the consequences of failure to improve their attendance at
work.
2. Restricted sick leave status will also be stated in performance evaluations.

GO 517.10 – Sick Leave Abuse 3


Rev: 05/04/2020
3. Merit increases may be denied to an employee who has been placed on
restricted sick leave status.

H. Disciplinary Action
In addition to being placed on restricted leave status, employees who abuse sick
leave may be subject to disciplinary action in accordance with Police Department
Policy and the City’s Personnel Policies and Procedures.
I. Implementation
1. During the initial implementation of this policy, employees who have used
sick leave in a manner that brings them within the definition of Sick Leave Abuse
as of the effective date of this policy will be warned that they are in violation of
this policy and will be placed on restricted sick leave status if any additional
inappropriate sick leave use occurs.
2. Employees who have been placed on restricted leave status under policies in
place prior to the implementation of this policy will remain on restricted status
until released by their supervisor.
3. Department supervisors shall work closely with the City’s Director of Human
Resources, to monitor report and categorize the nature of an employee’s absences
so that this policy may be implemented in accordance with federal and state laws
pertaining to absences due to health conditions.

GO 517.10 – Sick Leave Abuse 4


Rev: 05/04/2020
13

Disciplinary Matrix

CONDUCT-GENERAL
(1-0)
CATEGORY

A B C D E F

(1-1) Violations concerning general misconduct X X X X


(1-2) Violations relating to inappropriate comments and gestures X

(1-3) Violations relating to rude or discourteous conduct, coarse, X


profane or insolent language (direct words towards persons)
(1-4) Violations relating to rude or discourteous conduct, coarse, X
profane or insolent language (not directed towards any person)
(1-5) Violations relating to rude or inappropriate comments, X X X
gestures, discourtesies or conduct relating to a person’s race,
religion, ethnicity, national origin, disability, or gender
(1-6) Violations relating to harassment of non-department X
member citizens
(1-7) Violations relating to conduct of a sexual nature while on X X
duty
MISREPRESENTING FACTS
(2-0)
(2-1) All intentional misrepresentation of facts and any manner of X
false reports or statements

DOMESTIC VIOLENCE
(3-0)
(3-1) Violations concerning domestic related misconduct (not X X X
assault related)
(3-2) Violations concerning domestic violence / assault1 X X

(3-3) Violations concerning domestic violence / battery and other X X


violation2 (commission of an assault)

CONTROLLED/ DANGEROUS SUBSTANCE AND ALCOHOL and TOBACCO


(4-0)
(4-1) Violations concerning illegal drug use X
(4-2) Violations concerning non-illegal drug abuse X X
(4-3) Violations relating to intoxication on duty X
(4-4) Violations relating to drinking on duty X X

(4-5) Violations relating to reporting to work impaired X


(4-6) Violations relating to the Departmental tobacco use policy X X
(4-7) Violation of the City of Charlottesville no smoking contract X

(4-8) Violations relating to failure to report for urinalysis X

1- F is the preferred option. E may be used if there is substantial mitigation.


2- Domestic Violence is a crime and members are subject to charges of violation of criminal statues

GO: 517.00- Disciplinary Procedures (Part II) 13


Rev: 01/18/2017
14

CRIMINAL CONDUCT
(5-0)
CATEGORY
A B C D E F

(5-1) Violations relating to criminal conduct X X X X

HARASSMENT AND DISCRIMINATION


(6-0)
(6-1) Violations relating to racial harassment / X X
discrimination
(6-2) Violations relating to religious, ethnic harassment / X X
discrimination
(6-3) Violations relating to sexual orientation harassment / X X
discrimination
(6-4) Violations relating to pregnancy harassment / X X
discrimination
(6-5) Violations relating to gender harassment / X X
discrimination
(6-6) Violations relating to disability harassment / X X
discrimination
(6-7) Violations relating to age harassment / discrimination X X

(6-8) Violations relating to other harassment / X X


discrimination
(6-9) Retaliation against person(s) alleging harassment / X X
discrimination
(6-10) Failure to cooperate with harassment / discrimination X X
investigation
(6-11) Failure to cooperate with EEOC investigations X X
(6-12) Failure to report acts of discrimination / harassment X X

EXCESSIVE FORCE AND BRUTALITY


(7-0)

(7-1) Force which is outside of policy, but not brutal or X X X X


excessive
(7-2) Excessive force – force that is excessive in scope X X
duration or severity in light of the circumstances
(7-3) Failure to report use of force incident as described X X
in policy
(7-4) Failure to report incidents of the brutal use of force X X

GO: 517.00- Disciplinary Procedures (Part II) 14


Rev: 01/18/2017
15

NEGLECT OF DUTY
(8-0) CATEGORY
A B C D E F
(8-1) Violations concerning general neglects of duty X X X X

(8-2) Violations concerning inadequate performance of X X


duty
(8-3) Violations concerning failure to perform duty X X X

(8-4) Violations concerning failure to submit appropriate X X


reports or information as required
(8-5) Violations concerning failure to report knowledge X X X X
of matters of misconduct which would not constitute a
category “A” violation

UNIFORMS AND EQUIPMENT


(9-0)

(9-1) Violations concerning loss or damage of X X


equipment not including service weapons, radios,
badges, automobiles or ID
(9-2) Violations concerning loss or damage of service X
weapons, radio, badges, automobiles or ID

(9-3) Violations concerning the loss or damage of X


service weapons
(9-4) Violations concerning allowing unauthorized X X
persons to use Department equipment
(9-5) Violations concerning improper attire / appearance X

FIREARMS
(10-0)

(10-1) Violations concerning negligent handling of a X


weapon resulting in discharge causing injury
(10-2) Violations concerning negligent handling of a X X
weapon resulting in the discharge not causing
injury

(10-3) Violations relating to the negligent handling of X


a weapon not resulting in discharge
(10-4) Violations concerning carrying unauthorized X
weapon on duty
(10-5) Violations concerning unauthorized ammunition X
on duty
(10-6) Violations concerning failure to secure weapon X X
(10-7) Violations concerning failure to report discharge X X X
of weapon
(10-8) Violations concerning failure to maintain X
weapons as operational

GO: 517.00- Disciplinary Procedures (Part II) 15


Rev: 01/18/2017
16

PRISONER RELATED VIOLATIONS


(11-0)
CATEGORY
A B C D E F
(11-1) Inappropriate behavior during prisoner searches X
(11-2) Violations relating to improper searches X
(functionally inadequate).
(11-3) Violations relating to improper transportation of X
prisoner
(11-4) Violations relating to inappropriate handling of X
prisoner property
(11-5) Violations relating to improper restraint of X
prisoners
(11-6) Violations relating to inadequate guarding of X
prisoner violations
(11-7) Violations related to medical / mental treatment X X
violations (Failure to provide for the medical / mental
treatment of prisoners)
EVIDENCE AND PROPERTY
(12-0)

(12-1) Violations related to the initial recovery of X


evidence at a scene

(12-2) Violations related to the receipt of evidence X

(12-3) Violations related to the processing / testing of X


evidence

(12-4) Violations related to improper destruction, storage X X


or release of evidence

(12-5) Violations related to the initial recovery of found X


property
(12-6) Violations relating to the receipt of found property X

(12-7) Violations related to the storage / release of found X X


property
(12-8) Violations related to intentionally tampering with X
evidence
MISCELLANEOUS
(13-0)

(13-1) Violations relating to criminal history X X


dissemination
(13-2) Violations relating to DMV history dissemination X X

(13-3) Violations relating to improper dissemination of X X X X


confidential departmental information

GO: 517.00- Disciplinary Procedures (Part II) 16


Rev: 01/18/2017
17

MISCELLANEOUS VIOLATIONS
(Continued)
(13-0)
CATEGORY
A B C D E F
(13-4) Violations related to being off post or leaving X
assignment without permission
(13-5) All other miscellaneous violations X

(13-6) Violations relating to failure to obey direct order X


(oral or written)
(13-7) Violations relating to insubordination X

(13-8) Violations relating to obstructing or hindering a X


criminal investigation
(13-9) Violations relating to obstructing or hindering X
administrative investigation
(13-10) Violations relating to failure to appear in court* X*
*First offense “A”, Second offense within 12 mos “B”
Subsequent offense follow normal matrix progression

(13-11) Violations relating to absence without permission X X


or leave
(13-12) Violations relating to lateness for duty X

(13-13) Violations relating to sleeping on duty X X

SECONDARY EMPLOYMENT VIOLATIONS


(14-0)

(14-1) Violations relating to no approved off duty X


employment form on file

(14-2) Violations relating to expired secondary X


employment form

(14-3) Violations relating to restriction violations X


(hours/week)

(14-4) Violations relating to working on Sick Leave or X X


Worker’s Comp

(14-5) Violations relating to using unauthorized X


departmental equipment while working secondary
employment

GO: 517.00- Disciplinary Procedures (Part II) 17


Rev: 01/18/2017
18

DEPARTMENT VEHICLE VIOLATIONS


(Continued)
(15-0)
CATEGORY
A B C D E F
(15-1) Allegations relating to parking offenses X

(15-2) Violations relating to seat belt offenses X

(15-3) Reckless use of or handling of Departmental X X X


Vehicles.
(15-4) Allegations relating to preventable fleet accidents X X

(15-5) Violations relating to reckless handling of any X X X


vehicle while on department time.

GO: 517.00- Disciplinary Procedures (Part II) 18


Rev: 01/18/2017
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 40-99


NEXT-OF-KIN NOTIFICATION Date: September 9, 2019
VLEPSC Number: Non-Standard Manual Number: 522.01
Effective Date: Sept. 9, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide reasonable liaison
assistance to the community on next-of-kin notifications and when necessary, to offer
tangible and emotional support.

II. PURPOSE
The purpose of this policy is to direct Department members with guidelines in providing
the proper notification and support on next-of-kin notifications.

III. DEFINITION
A. Next-of-Kin: in the context of this order, shall be considered the person to whom the
official notification of death or critical injury should be made. Unless the notification
has been directed to a specific person, the following priority of notification is
established:
1. Spouse or significant other;
2. parent;
3. an adult child (18 years of age or older); and
4. a minor child or minor sibling should be notified only if the officer believes that
their maturity is sufficient to accept and understand the responsibility of such
notification.

IV. PROCEDURE
A. Types of Notifications:
1. Death notifications;
2. serious injury or illness notification;
3. notifications for other agencies; and

GO 522.01 – Next-of-Kin Notifications 1


Revised: 09/09/2019
4. checks on the welfare of individuals.
B. Guidelines for Department Generated Next-of-Kin Notifications
1. Each incident must be reviewed on its own merit. Consideration may be given to
the use of clergy or close friends when notifying relatives depending on the type
of notification.
2. All notifications shall be in person, unless this is not practical.
3. Notifications should be made in clear exact terms. In serious injury notifications,
false hope shouldn’t be given to the person being contacted.
4. If the death or serious injury is the result of a criminal act being investigated by
the Department, an Investigations Bureau supervisor shall be notified. The
Investigations Bureau supervisor shall ensure that proper notification is made.
5. If a death results in an accident, other than an automobile accident, that is being
investigated by the Department, the shift supervisor may use discretion, while
taking into account the totality of the circumstances, whether or not to notify the
Investigations Bureau supervisor. If the Investigation Bureau supervisor is not
notified, then it shall be the responsibility of the shift supervisor to ensure proper
notification is made.
6. In the event of an automobile accident resulting in a death or serious injury, the
Traffic Unit supervisor shall ensure that proper notification is made.
7. If the next-of-kin Department notification is being made on a death or serious
injury that occurred in the City of Charlottesville and the next-of-kin does not live
within a reasonable distance from the City, the officer shall draft a teletype
message requesting the local law enforcement agency to notify the next-of-kin.
The teletype message shall include the name and address and any other pertinent
information on the person to be contacted, the circumstances of the incident that
have reasonably be ascertained at that time, and a name and number of a
Department contact person. The teletype will request the law enforcement
officials make the notification to the next-of-kin in person.
8. After a next-of-kin notification has been made on a death or serious injury, the
notification officer should use sound judgment on whether to stand-by to assist
the family or leave the scene to resume patrol. When needed, the officer shall
provide emotional support to the next-of-kin until either family support or
assistance from a friend arrives.
9. Officers shall document all notifications in a Case Report. The Officer’s narrative
should include the following information:
a. Name of person notified;
b. relationship to individual;
c. time of notification; and
d. location of notification.

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Revised: 09/09/2019
10. The delivery of other emergency messages or checks on welfare shall be assigned
to an officer by the Emergency Communications Center.
a. When the assigned officer is unable to locate the person to be notified
or the notified person is unable to return a telephone call, the assigned
officer shall inform Emergency Communications Center personnel of their
findings.
b. In each of these instances it shall be the responsibility of the
Emergency Communication Center to contact the original caller with the
details of the officer’s disposition.
c. In all other notifications, it shall be the assigned officer’s
responsibility to notify ECC of the assignment disposition and what
action, if any, the contacted person will make to the person requesting the
notification.
C. Notification Requests from Other Agencies
1. In addition to the above guidelines for notification of next-of-kin, the following
guidelines shall be used when making emergency notifications for other agencies:
a. When the Department is telephonically contacted by another agency
and asked to make a next-of-kin notification, the requesting agency shall
be informed that the Department requires a teletype message from all
agencies making such a request.
b. The requesting agency’s teletype request shall include:
i. The name and address of the person to be notified and any
other pertinent information concerning the person to be contacted;
ii. the circumstances of the incident and the message to be given
the next-of-kin; and
iii. a name and telephone number of the person to be contacted
within the requesting agency.
c. In all instances, the officer assigned to make the notification shall be
responsible for the notification and informing the requesting agency on the
final status of their notification request.
D. Review Of Notification Messages
1. Any emergency notification request that concerns a death, serious injury or
serious illness notification that has been received by the Department shall first be
reviewed by a shift supervisor prior to the assignment of a notification officer.
2. If there is a question as to the legitimacy of the notification request, or of
information to be conveyed in the notification, the receiving police supervisor or
their designee shall clarify the matter before assigning it to a notification officer.

GO 522.01 – Next-of-Kin Notifications 3


Revised: 09/09/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 00-23


DEATH OF OFFICER- LINE OF DUTY, RETIRED,
ACTIVE Date: September 10, 2019

VLEPSC Number: ADM.23.04 Manual Number: 522.05


Effective Date: Sept. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide liaison assistance to
the immediate survivors of an active duty officer’s death in the line of duty and to
provide tangible and emotional support during this traumatic period of readjustment for
the surviving family.

II. PURPOSE
This policy is designed to prepare the members of the Charlottesville Police Department
in the event of an active duty officer’s death in the line of duty, natural or accidental
(active or retired) and to direct the Department in providing proper support for the
deceased officer’s family.

III. DEFINITIONS
A. Line of Duty Death: includes any action, felonious or accidental, e.g. automobile
accidents, hit by a vehicle during traffic stop, training accidents, etc., which claims
the life of a police officer who was performing a police function, whether the officer
was on or off duty.
B. Immediate Family: shall include spouse or significant other, children, parents,
grandparents and siblings.
C. Next-of-Kin: is considered the person to whom official notification of death or critical
injury should be made. Unless the member has specified otherwise in writing, the
following priority of notification is established:
1. Spouse or significant other;
2. an adult child (18 years of age, or older);
3. parent;
4. sibling (adult); and

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Revised 09/10/2019
5. If none of the above can be reached, the officer making the notification shall
attempt to make the notification to the closest relative. A minor child or minor
sibling should be notified only if the officer believes that their level of maturity is
sufficient to accept and understand the responsibility of such notification.

IV. PROCEDURE
A. Death Notification {Line of Duty or Active Member}
1. The name of a deceased officer will not be released to the media or other parties
before the next-of-kin who are living in the area are notified. It is imperative that
notification to the next-of-kin be made as promptly as possible. The timeliness of
the notification will take precedence over protocol that has been established by
this directive, if such protocol creates an unnecessary delay in making the
notification.
2. The following notification procedure will be implemented when a member of the
Department is killed or critically injured.
a. Upon the absolute confirmation of an officer’s identity and death or
critical injury, the ranking on-scene officer or supervisor shall immediately
notify one of the following Commanders through a secure means. The
priority in notification shall be made as follows:
i. Chief of Police;
ii. appropriate Division Commander; and
iii. shift Commander.
b. After notifying any one of the above, the on-scene notifying officer will be
relieved of further notification responsibilities and will direct their full
attention to requirements at the scene of the incident.
c. The Chief of Police or Staff Officer receiving the notification of a line of
duty or active duty death or critical injury will immediately designate a
Notification Officer or assume that role themselves. Officer’s personnel
jacket will be reviewed to determine if the officer left specific directions
regarding his death.
B. Notification Officer {Line of Duty or Active Member}
1. The Notification Officer and a Police Chaplain, if readily available, will respond
to the location of the next-of-kin to make the notification. If a Chaplain is not
readily available, the Notification Officer may select another member of the
Department to assist. Keep in mind that the notification should not be held up by
waiting for people to gather. The immediate family should hear of the member’s
death from the Department first and not from the press or other source.
2. Notification of the next-of-kin in the immediate area must always be made in
person. When the health of the next-of-kin is a concern, emergency medical
services personnel shall be requested to stand by.

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Revised 09/10/2019
The Notification Officer should obtain as much information as possible about the
incident and provide such information to the immediate family at the time of the
initial notification.
The notification should be made in clear exact terms, without raising false hope
for the family. The deceased member’s name should be used during the process.
The Notification Officer should be made aware of the following:
a. As soon as the family sees the officers, they will know something is
wrong. Ask to be admitted to the house. Never make a notification on the
doorstep.
b. If the officer has already died, relay that information using words like
“died” and “dead”, rather than “gone away” or “passed away”.
c. The Notification Officer may be seriously affected by the death and
showing emotion is perfectly acceptable.
d. Reactions by the family may include hysteria, anger, fainting, physical
violence, shock or no outward signs of emotion.
e. Never be in a hurry to leave. Stay with the family until other emotional
support arrives.
If the next-of-kin does not live within a reasonable distance from the City of
Charlottesville, the Notification Officer shall draft the text of a teletype that
contains as much information as practicable about the deceased or critically
injured member. In addition, the teletype message will include circumstances of
the incident that can reasonably be ascertained at the time, the name of the
officer of the Charlottesville Police Department who can be contacted, and a
telephone number where the officer can be contacted. The teletype message will
be sent to the law enforcement agency having jurisdiction where the next-of-kin
reside. Further, the teletype will request the law enforcement officials make the
notification to the next-of-kin in person.
All communication regarding the identity of the deceased or injured member will
be restricted to secure means until after the next-of-kin has been notified. The
identity of the deceased member will never be released to the media until after
such notification is made. If the news media has obtained the identify of the
member before notification, then the media representative shall be asked not to
release the member’s identity before notification of next-of-kin and/or immediate
family living in the area has been made.
Note: Officers and communication personnel should be aware that members of
the community routinely monitor police radio frequencies. In the event of an
on-duty death, the external monitoring of the police frequencies may be
extensive, particularly by the news media. Communications must be restricted
to phone whenever possible.
After the death notification has been made and at an appropriate time, the
Notification Officer shall offer the liaison and support of the Charlottesville
Police Department to the deceased member’s family. The Department

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Revised 09/10/2019
acknowledges that not all police families desire a police funeral, preferring
instead the privacy of their immediate family and friends. Therefore, it shall be
the responsibility of the Notification Officer to make the families wishes known
to the Chief of Police.
The Notification Officer, upon completing their assigned tasks, shall report
to the Chief of Police detailing date, time and manner in which, and to whom
the next-of-kin notifications were made and if the family desires a police funeral.
C. Hospital Liaison Officer {Line of Duty or Active Member}
1. When a critically injured member has been transported to the hospital, or a
deceased member has died in route to a hospital or dies after arriving at a hospital,
the first ranking officer, excluding the Chief of Police or Bureau Commander
shall become the Hospital Liaison Officer.
2. The Hospital Liaison Officer is responsible for coordinating the arrival of next-of-
kin, police officials, the press and others. In addition, the Hospital Liaison Officer
responsibilities shall include:
a. Making arrangements with hospital personnel for appropriate waiting
facilities. There should be segregated areas reserved for:
i. The immediate family, the Chief of Police or if unavailable the
highest-ranking member of the Department, Notification Officer, and
others as requested by the family;
ii. a separate waiting room for fellow officers and friends; and
iii. media staging area.
b. Requesting that medical personnel relate pertinent information on the
officer’s condition to the family first.
Assisting the family members, in accordance with their desires, in gaining
access to the injured or deceased officer.
Providing medical personnel with all necessary information on billing for
medical services. In the event of a line of duty death, the Hospital Liaison
Officer will ensure that all medical bills are directed to the Charlottesville
Police Department and are NOT to be forwarded to the officer’s family or
other survivors.
Remaining with the immediate family while they are at the hospital and
rendering any assistance that may be needed.
Arranging transportation to and home from the hospital for immediate family
members if such transportation is needed.
Those present at the hospital should be aware of the following when dealing
with the immediate family:
i. Do not be overly protective of the family. This includes sharing the
specific information on how the officer met his or her demise, as

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Revised 09/10/2019
well as allowing the family sometime with the remains of the
deceased.
ii. Do not make idle promises, e.g. “We’ll retire his badge.”
iii. Understanding that raw emotion expressed by anyone, including
officer’s present, under the circumstances is perfectly
understandable.
3. Within 24 hours of an officer’s death, the Chief of Police shall designate a
Funeral Liaison Officer, Department Liaison Officer and a Benefit’s Coordinator.
The assignment will be made in writing and the family will be informed of the
designed officers. In addition, the Chief of Police may:
a. Authorize the wearing of a black band, ½ inch wide on the police shield,
to signify the loss of a member of the Department. The band shall be worn to
grieve the loss of active members of the Department as follows:
i. Line of Duty Death – 30 consecutive days; and
ii. accident or natural death – 96 hours.
b. request, in the event of a line of duty death, that all City of Charlottesville
American flags be flown at half-staff for a period of 30 days.
D. Department Liaison Officer {Line of Duty, Active Member or Retired}
The Shift Commander will normally be designated Department Liaison Officer
because of the need to make expedient provisions of the necessary Department
resources. It shall be the responsibility to the Department Liaison Officer to:
1. Be the primary point of contact between the family and the Department;
2. coordinate all other liaison activity and explain their roles to the family;
3. ensure that the family’s wishes are communicated directly to the Chief of Police
and the Chief of Police’s principal staff;
4. serve as a liaison between the media and the immediate family. Provide a
Department liaison with the media that include coordination of any statements
and press conferences;
5. coordinate all official law enforcement notifications and arrangement including
honor guard, pallbearers, traffic control, and liaison with visiting law enforcement
agencies; and
6. ensure that security checks of the survivor’s residence are initiated immediately
following the incident and for as long as necessary thereafter.
E. Funeral Liaison Officer (Line of Duty, Active Member or Retired)
The Funeral Liaison Officer will act as a facilitator between the decedent officer’s
family and the Department prior to and during the funeral and is responsible for the
following:
1. Meeting with the family and explaining the responsibilities of the liaison to them;
2. being available to the family prior to and throughout the funeral;
GO 522.05 – Line-of-Duty Death 5
Revised 09/10/2019
3. relay any information to the family concerning the circumstances of the decedent
officer’s death and appropriate information regarding any investigation;
4. briefing the family members on the procedures in the law enforcement funeral;
and
5. ensuring that the needs and wishes of the family come before the Department.
F. Benefits Coordinator {Line of Duty Only}
The Benefits Coordinator, if it is the desire of the family, shall be responsible for
filing the appropriate benefit paperwork and following through with the family to
ensure that the benefits available to them are actually paid. In addition, it shall be the
responsibility of the Benefits Coordinator to:
1. Present information on all benefits that are available to the family. Those benefits
will include City, State and Federal claims;
2. contact the appropriate City Offices to ensure that the beneficiary receives timely
death and retirements, the Department member’s remaining paycheck and
payment of any reimbursable leave balances;
3. filing worker compensation claims and the related paperwork;
4. filing all benefits paperwork and maintaining contact with the family in order to
ensure that the benefits are received; and
5. advise the surviving family of the role of the police associations and the nature of
support programs that they sponsor for law enforcement survivors.
G. Family Support Advocate (Line of Duty Only}
The Family Support Advocate serves in a long-term liaison and support capacity for
the surviving family. The duties and responsibilities of the Family Support Advocate
include the following:
1. Keeping the family abreast of criminal proceedings relating to the death of their
family member;
2. accompanying family members to criminal proceedings, explaining the
proceedings, introducing them to prosecutors and others;
3. working on behalf of the family to secure any support services that are available;
4. maintaining a routine contact with the family to provide an ongoing relationship
between the Department and the immediate family; and
5. relaying concerns and needs of the family to organizations and individuals that
may provide assistance and encouraging others to visit and help as necessary.
H. Memorials {Line of Duty Only}
1. A file will be maintained in the Office of the Chief of Police on a member who is
killed in the line of duty. The file shall contain a narrative of the circumstances
that led to member’s death and other pertinent information about the member and
their immediate family. The file may also include:
a. Copies of official police reports;
GO 522.05 – Line-of-Duty Death 6
Revised 09/10/2019
b. medical examiner’s reports;
c. court documents;
d. photographs;
e. newspaper clippings;
f. video tapes;
g. one portrait type photograph (if available); and
h. most recently taken photograph before the member’s death.
2. The Chief of Police shall ensure that the fallen member is honored during the
annual National Police Week in May. The immediate family, if there
whereabouts are known, shall be invited to any Memorial Service that the
Department may conduct. The invitation will be the responsibility of the person
or committee organizing the memorial service.
3. The Chief of Police or his designee shall work with community groups and
government leaders towards the establishment of any memorial tribute,
commemorative plaque or other appropriate expression of remembrance. The
immediate family shall continue to receive emotional support from the
Department and will be evidenced by invitations from the Chief of Police to
appropriate Police Department functions.
4. The Chief of Police may initiate remembrances on the anniversary of the
member’s death, as he deems appropriate.
I. Guidelines for Funeral Service and Ceremony
1. It is recognized that funerals arrangements are a family decision. Therefore,
subject to the wishes of the immediate family, a Department Funeral may be
requested. All requests shall be submitted by the Department Liaison Officer,
through the appropriate Division Commander, for approval by the Chief of Police.
2. Department services that may be provided: request
a. For the Death of a member in the line of duty:
i. Honor Guard for Casket Watch;
ii. honorary pallbearers;
iii. American flag (unless otherwise provided);
iv. flag folding team;
v. uniform for burial;
vi. Honor Guard to accompany remains if out of area burial;
vii. 21 gun salute; and
viii. motor escort.
b. For the death of an active member: additional services provided with
the approval of the Chief of Police

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Revised 09/10/2019
i. Honor Guard for the Casket Watch;
ii. honorary pallbearers;
iii. American flag (unless otherwise provided);
iv. flag folding team;
v. a uniform for burial must be specifically requested; and
vi. motor escort.
c. For the death of a retired member: additional services provided with
the approval of the Chief of Police
i. Honor Guard as pallbearers or honorary pallbearers; and
ii. escort for funeral procession.
J. Special Duties and Responsibilities for the Funeral Detail (Line of Duty or Active
Member)
1. Honor Guard Watch shall be posted at the head and foot of the casket, one hour in
advance of and during all viewing hours. The Watch shall be removed prior to all
religious, fraternal, or civic related ceremonies. The Honor Watch shall be posted
and relieved in a military manner and changed at 30-minute intervals. The Watch
shall terminate one half hour after viewing hours.
2. The movement of the casket shall be conducted in the following manner:
a. Uniformed Charlottesville Police Department Officers shall form the
primary Honor Cordon from the door of the church/parlor to the hearse;
b. the Color Guard shall be positioned near the hearse, with the Colors
towards the door of the church/parlor;
c. the Department Liaison Officer shall position all non-uniformed officers
and officers from other agencies in a secondary Honor Cordon leading from
the front of the funeral procession and as far along the side of the roadway as
is needed;
d. the pallbearers shall be positioned inside the church/parlor and near the
exit door;
e. prior to the movement of the casket the immediate family shall be escorted
to their appropriate vehicles; and
f. the Department Liaison or their designee shall exit the church/parlor,
proceed to a point near the rear of the hearse and in view of where the casket
will exit the door. When in position, the Department Liaison Officer or their
designee will command all personnel to stand at the position of attention. As
soon as the casket exits, the Department Liaison Officer shall command
“Present Arms” which shall be held until the casket is placed in the hearse.
g. After the casket has been placed in the hearse, the pallbearers shall
proceed to their transportation, the Department Liaison Officer shall signal the
Color Guard to move to their transportation.

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Revised 09/10/2019
h. When the motorized funeral procession is ready to proceed, the
Department Liaison Officer shall call the secondary Honor Cordon to “Present
Arms” and they shall remain in that position until the motorized procession
has passed; and
i. the motorized funeral procession shall be escorted by Departmental
motorcycles and marked cruisers. A Department cruiser, which had been used
by he deceased member and operated by a member of the Department, may be
placed in a procession immediately following the hearse.
3. Graveside services shall be conducted in the following manner:
a. An Honor Cordon shall be positioned in two parallel lines from the hearse
to the gravesite;
b. the Color Guard shall be positioned in close proximity to the gravesite so
as to be visible to the Department Liaison and not interfere with the casket or
family;
c. the Department Liaison shall be located to meet the hearse upon its arrival
and as the hearse arrives they shall come to attention and voice the command
“Detail Attention”. As the hearse approaches, the detail shall present arms,
which shall be held until the hearse passes.
d. The Department Liaison shall signal the pallbearers when to pick up the
casket and begin movement to the gravesite. At the first appearance of the
casket from the hearse, the Department Liaison Officer shall order “Present
Arms” which shall be held until the casket is placed at the gravesite. Upon
placing the casket at the gravesite, the pallbearers shall momentarily stand at
the position of attention and then move away from the gravesite to a
convenient position.
e. At the completion of the graveside services the Department Liaison
Officer shall voice the command “Attention” and “Present Arms”. The order
shall be given for a Department detail to give a 21-gun salute, which will be
followed by the sounding of taps.
f. A designated Flag Folding Detail will approach the gravesite, complete
the process, and pass the folded flag to the Chief of Police or their designee,
render a slow salute and about face, exiting the gravesite to a nearby location.
g. The Chief of Police shall approach the family and present the flag to a
family representative.
h. The Department Liaison Officer shall hold all of the Details in position
until the family has entered the vehicles, at which time the command to
dismiss shall be voiced.
i. The Department motor escort will be maintained to assist in returning the
immediate family motorized funeral procession to their return destination.
4. The Department Liaison Officer shall have the authority to make any changes to
the above Guidelines for Funeral Service and Ceremonies that he deems
necessary.
GO 522.05 – Line-of-Duty Death 9
Revised 09/10/2019
K. Training
1. To comply with VA Code 9.1-407, all newly hired officers will be trained in the
benefits entitled to an officer and/or the officer’s family as a direct results of a line of
duty death or disability. This training will take place within 30 days of the hire date of
the officer and then every 2 years thereafter.

GO 522.05 – Line-of-Duty Death 10


Revised 09/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 02-02


RESPONSE TO OFFICER-INVOLVED CRITICAL
Date: September 10, 2019
INCIDENTS
VLEPSC Number: Non-Standard Manual Number: 522.10
Effective Date: Sept. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

Sworn officers of the Charlottesville Police Department have been endowed with special
powers for the enforcement of the laws of the Commonwealth of Virginia and the City of
Charlottesville. In exercising this authority, they are expected to conduct themselves in a
manner that promotes the welfare and safety of the citizens of Charlottesville. In
reviewing officer-involved critical incidents, it is presumed that the officers involved
have acted in the best interests of the community and in accordance with the professional
and ethical standards and policies of the Department.

II. PURPOSE

It is the purpose of this policy to provide guidelines for department personnel for
handling and investigating officer involved critical incidents. The goals to be served by
these guidelines are to minimize the chances that involved officers will develop or suffer
from post-traumatic stress disorder, while at the same time providing for prompt and
thorough investigation and review of events comprising the incident.

III. DEFINITIONS
A. Critical Incident: An incident involving a police officer engaged in the performance
of official duties (either as an actor or a victim), and in which the death or serious
bodily injury of any person has occurred.
B. Officer Involved (or “Involved Officer”): Any police officer involved in a critical
incident, either as an actor or a victim.
C. First Assisting Officer: The first non-involved officer to arrive at the scene of an
officer-involved critical incident. This will include an officer who witnessed an
incident, but who did not discharge a weapon or otherwise engage in any actions
comprising the incident, and who is not injured or otherwise a victim thereof.

GO 522.10 – Response to Officer-Involved Critical Incidents 1


Rev: 09/10/2019
D. On-Site Supervisor: The first supervisor to arrive at the scene of an officer-involved
critical incident. Usually this will be the on-duty patrol supervisor.

A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).

GO 522.10 – Response to Officer-Involved Critical Incidents 2


Rev: 09/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 97-99


INCIDENT REPORTS Date: November 12, 2019
VLEPSC Number: ADM.25.06, ADM.25.07 Manual Number: 522.15
Effective Date: 11/12/2019
Authorization: Chief R.M Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department policy will be to take reports in compliance with
the Federal Bureau of Investigations and the Commonwealth of Virginia Incident Based
Reporting Guidelines. Reports are taken to document and facilitate the investigation of
crimes within the City of Charlottesville. In addition, the Department takes reports of
incidents that are of interest to the Department. These are generally, but not limited to,
events that affect safety and maintenance of order within the City.
II. PURPOSE
The purpose of this General Order is to specify what incidents require an incident case
report and to establish the procedures of completing an incident case report.

III. DEFINITIONS
A. Incident – one or more offenses committed by the same offender, or group of
offenders acting in concert, at the same time and place. “Same time and place”
means that the interval between the offenses and the distance between the locations
where they occurred were insignificant. However, incidents can also be comprised
of offenses that by their nature involve continuing criminal activity by the same
offender(s) at different times and places, as long as the activity is deemed to
constitute a single criminal transaction.
B. Incident Case Report- is the physical record of an incident deemed to be illegal or
potentially illegal and is entered and stored in the Charlottesville Police Departments
Records Management System.
C. Records Management System(RMS) – the Charlottesville Police Department
maintains a computerized records management system that contains the official
police incident case reports. It is commonly referred to as the “RMS”.
IV. PROCEDURE
A. When Incident Case Reports are Required

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Rev: 11/12/19
1. An incident case report will be completed by an officer when:
a. it has been determined, through a call for service or initiated activity, that a
crime has been or may have been committed and an arrest would constitute a
Group A offense;
b. there is a complaint or observation that, in the best interest of the public and/or
the department, would warrant a follow-up investigation;
c. there is any stolen/recovered/found property or evidence involved in the
officer’s handling of a situation;
d. there is a complaint of a missing or runaway juvenile or missing person under
suspicious circumstances;
e. a juvenile is handled in any way, by arrest or otherwise, for committing any
offense for which he could be arrested;
f. any use of force, as defined in the use of force policy;
g. any case involving a death or serious injury likely to lead to death;
h. any cases involving suspect or officer injury;
i. any animal bites;
j. any firing of firearms except in training at a range;
k. any case involving an ECO, whether officer initiated, committal service or
voluntary committal to crisis;
l. any case when directed by a supervisor; or
m. any case not listed that is covered in an existing general order.
B. Completing the Incident Case Report
1. The report will be recorded into the departments Records Management System for
each incident requiring a report that an officer handles before the end of their tour
of duty.
2. The officer writing the incident case report will notify the Emergency
Communications Center (ECC) of their need to write a report. The ECC will
assign a unique incident case report number. The officer will use the four-digit
year and this number on the report.
3. The officer will complete the report by following the guidelines provided in the
Records Management System.

4. The reports submitted into the Records Management System will be reviewed for
accuracy and completeness by a first line supervisor. The supervisor will then
record their review and if approved, submit it to Information Management
Services for digital records storage.
5. Digital records storage will follow the procedures contained in the Information
Management Services Procedure Manual.

GO 522.15 – Incident Reports 2


Rev: 11/12/19
6. Once Information Management Services receives the report it is reviewed again
for completeness and cleared of any data entry errors. Information Management
Services personnel will then submit the report into the Records Management
System storage data base. The incident case report as it exists in the Records
Management System then becomes the official incident case report.
7. Generally, members of the department records an incident case report straight into
the departments Records Management System. In the event that the Records
Management System is inoperable or unaccessible, the incident case report will be
recorded on an Incident Report Worksheet known as an RCIN-1. Once the RCIN
1 is completed and approved by a supervisor the RCIN 1 will need to be recorded
into the Records Management System as soon as practical by the reporting officer
or by Information Management Services personnel. This document is a
worksheet and is treated as an officer’s notes. Once the RCIN 1 is enetered and
recorded into the Records Management System it then becomes the official
incident case report.
8. Division Commanders and Shift Commanders will review incident case reports
routinely for quality control purposes and to keep abreast of activity across the
shifts.
9. If the jurisdiction of a reported crime is uncertain, the officer making contact with
the reporting party will collaborate with the reporting party to determine the
jurisdiction where the offense most probably took place. The reporting party will
file the report in that jurisdiction. If the jurisdiction is determined to be
Charlottesville and the location of the offense is unknown the responding officer
will complete a report and list Charlottesville as the jurisdiction and leave the
location field blank.
10. In the case of an ECO/TDO, whether officer initiated, committal service, or
voluntary committal to crisis, an incident case report will be completed with the
petitioner and the patient listed and the primary complaint/concern. If officer
initiated, the conditions and elements which led to an ECO shall be included.
a. An offense code of 931 (Assist Citizen-Mental/TDO/ECO) will be used for all
ECO’s and TDO’s. Other applicable offenses should also be listed if
deemed part of the same incident.
b. Regardless of whether another agency completes the service, if dispatched to a
CPD officer that officer shall complete an incident case report.
C. Accident Report Forms
1. The Charlottesville Police Department uses the Virginia State Police Digital Form
FR-300 to record the facts on all reportable and certain non-reportable accidents.
The digital FR-300 is located in the Records Management System.
2. This form can be submitted in lieu of an incident case report when there are no
crimes, other than the traffic violations causing the accident involved in the
incident.
3. FR-300 entries will be reviewed by the first line supervisor and if approved will

GO 522.15 – Incident Reports 3


Rev: 11/12/19
be submitted to Information and Management Services for digital records storage.

D. Mandatory Reporting Elements


1. All incident case reports shall contain all relevant facts and circumstances
pertaining to the incident and shall contain the following information if pertinent:
a. elements of all offenses reported;
b. probable cause for arrests made, or in the event of a lawful detention that does
not result in custodial arrest, the reasonable articulable suspicion to support
detention;
c. acknowledgment that a Victim’s Rights Information packet was provided to
the crime victim;
d. conditions and Elements which led to a ECO/TDO;
e. names and other biographical and contact data of involved parties (victims,
complainants, witnesses, children present, respondents, next-of-kin, etc. as
appropriate and expected for data collection purposes);
f. synopsis of injuries sustained by either suspects, witnesses, or involved
members;
g. explanation and justification for a response to resistance incident, to include:
i. seriousness of offense;
ii. immediate threat posed to officer or others;
iii. active resistance to arrest or attempts to escape custody; and
iv. rationale for type of force selected.

GO 522.15 – Incident Reports 4


Rev: 11/12/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 121-00


CRITICAL INCIDENT STRESS DEBRIEFING Date: September 10, 2019
VLEPSC Number: Non-Standard Manual Number: 522.25
Effective Date: Sept. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
A Critical Incident Stress Debriefing (CISD) Team will be established within the
Charlottesville Police Department to assist employees who, in the course of their duties,
become involved in a “Critical Incident”.

II. PURPOSE
The purpose of this directive is to provide guideline for the use of Critical Incident Stress
Debriefing.

III. DEFINITIONS
A. Critical Incident: A Critical Incident is defined as any situation that provokes an
emotional reaction that may have the potential to interfere with the member’s ability
to function, either at the scene or subsequent to the incident.
B. Team Coordinator: The CISD Team Coordinator shall perform the administrative
duties of the Team and will manage the Team’s operation. The CISD Team
Coordinator will be selected by the Team and approved by the Chief of Police. The
Team Coordinator will report directly to the Chief of Police, coordinate training and
other activities with the Thomas Jefferson CISD Team, and arrange for a Clinician to
conduct debriefings, as they are needed.
C. Peer Debriefer: An employee of the Department trained in accordance with the
minimum standards set by the Virginia Department of Health.
D. Defusing: A brief, confidential discussion between a participant and a Peer Debriefer
immediately following a critical incident. The purpose of defusing is to restore the
employee’s cognitive functioning and prepare them for future stress reactions
resulting from the incident.
E. Clinician: A mental health professional responsible for conducting liaison with health
services. The clinician will have a post graduate education in the behavioral sciences
and be trained in the critical incident stress review process.

GO 522.25 – Critical Incident Stress Debriefing 1


Rev: 09/10/2019
IV. PROCEDURE
A. Confidentiality Statement
1. It shall be the duty and obligation of the CISD Team members to maintain strict
confidentiality. Any statement or discussion with an employee while fulfilling
their role on the CISD Team will remain confidential.
2. It will be the policy of this Department not to question CISD Team members for
the facts surrounding a critical incident debriefing or the individuals involved.
3. Exceptions to the confidentiality rule of a CISD process are:
a. Reasons to believe that a participant presents a danger to himself or
others;
b. admissions or threats of unlawful conduct;
c. if there is a reason to believe that a participant has committed child or
spousal abuse, or
d. a court order dictating otherwise.
B. CISD Team Activation
1. It shall be the responsibility of the Shift Commander to ensure that the CISD
Team is called out during a Critical Incident.
a. The Shift Commander will automatically notify a CISD Team
Representative for the following types of incidents:
i. Any police shooting;
ii. any Departmental response to a serious injury or death of an
employee;
iii. suicide of an employee; and
iv. any mass casualty incident in which an employee becomes
involved (e.g., plane, train, bus crash, etc.)
b. The CISD Team may be notified at the request of a Supervisor
whenever they feel that CISD services may be needed. The following
situations serve as examples and CISD notification are not limited to
them:
i. Death of, injury to, or violence to a child;
ii. incidents that attract extremely unusual or critical news media
coverage; and
iii. any incident that has unusually high personal risk to members.
2. Once activated, the CISD Team member will respond to the scene and report to
the Supervisor or officer in charge to receive appropriate instructions.
3. It shall be the responsibility of the Team Coordinator to provide the Shift
Commanders with an updated roster of CISD Team members.

GO 522.25 – Critical Incident Stress Debriefing 2


Rev: 09/10/2019
4. The CISD Team member should avoid direct involvement in the incident.
5. CISD Team members should attempt to focus their attention toward members and
employees of this Department.
6. CISD Team members that will be required to participate in the investigation or
participate in processing the scene at the incident should be excluded from acting
as debriefers.
C. Debriefings
1. Any member or employee of the Department can initiate a debriefing by
requesting a supervisor contact CISD Team member. Supervisors are responsible
for identifying the need for a debriefing and shall contact the Team Coordinator.
The optimum time for requesting a debriefing is within 24 hours of the incident;
however, the request may be made at any time.
2. Members involved in a police shooting will be required to attend the incident
debriefing.
3. Only those members directly involved in the critical incident will be permitted to
attend the debriefing.
D. Outside Agencies and Organizations
1. The Team Coordinator shall be responsible for developing and maintaining a
working relationship with appropriate agencies and organizations, including the
Thomas Jefferson CISD Team, both in terms of obtaining needed training and
providing resources in terms of Peer Debriefers to other agencies.

GO 522.25 – Critical Incident Stress Debriefing 3


Rev: 09/10/2019
GO 522.25 – Critical Incident Stress Debriefing 4
Rev: 09/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 46-99


VICTIM/WITNESS SERVICES Date: September 10, 2019
VLEPSC Number: ADM.23.01 thru ADM23.03 Manual Number: 523.00
Effective Date: Sept. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Department that all officers shall be aware of the rights of victims
and witnesses under the provisions of the Crime Victim and Witness Rights Act. In the
City of Charlottesville, the Victim / Witness Assistance Program is administered by the
Commonwealth’s Attorney’s Office. Officers shall provide information and assistance to
the victims and witnesses of a crime in compliance with this Act and other state laws.

II. PURPOSE
The purpose of this policy is to inform all members of the Department of their obligation
to inform, assist and protect the victims and witnesses of crime.

III. DEFINITION
A. Victim: For the purpose of this general order, “victim” means (i) a person who has
suffered physical, psychological or economic harm as a direct result of the
commission of a felony or of assault and battery in violation of 18.2-57, 18.2-57.1 or
18.2-57.2, stalking in violation of 18.2-60.3, sexual battery in violation of 18.2-67.4,
attempted sexual battery in violation of 18.2-67.5, maiming or driving while
intoxicated in violation of 18.2-51.4 or 18.2-266, (ii) a spouse or child of such a
person, (iii) a parent or legal guardian of such a person who is a minor, or (iv) a
spouse, parent or legal guardian of such a person or legal guardian of such a person
who is physically or mentally incapacitated or was the victim of a homicide; however,
“victim” does not mean a parent, child, spouse or legal guardian who commits a
felony or other enumerated criminal offense against a victim as defined in subdivision
(i) of this subsection.

IV. PROCEDURE
A. Goals
The goals of the Charlottesville Police Department in providing assistance to crime
victims and witnesses are:

GO 523.00 – Victim/Witness Services 1


Rev: 09/10/2019
1. To ensure that victims and witnesses receive protection from harm and threats of
harm arising out of their cooperation with the police or Commonwealth’s
Attorney.
2. To provide victims with information pertaining to financial assistance, social
services, legal services, compensation programs, and counseling available as a
result of being a victim of crime, to include information on how to apply for
assistance and services.
3. To ensure that stolen property belonging to a victim and being held by the
Department for evidentiary purposes is returned promptly.
4. To maintain contact with crime victims and witnesses during the investigating and
prosecutory processes and provide information concerning case status and court
proceedings.
5. To assist where appropriate and in accordance with applicable Virginia law in
seeking restitution for losses incurred to victims as a result of a crime.
6. To inform crime victims of alternatives available regarding the use of victim
impact statements at sentencing and victim input in the parole process.
7. To ensure that victims and witnesses are treated professionally and with fairness,
compassion, and dignity, as appropriate.
8. To continue existing programs/activities designed to provide assistance to victims
and witnesses, and to develop and implement new or appropriate
programs/activities to provide further assistance.
9. To ensure the confidentiality of records and files of victims and witnesses and
their role in case development to the extent consistent with applicable law.
B. Victim/Witnesses Assistance Services
The following victim/witnesses assistance services shall be rendered to crime victims
and witnesses by patrol officers and investigators over and above normal preliminary
or follow up investigative services:
1. Preliminary Investigation
a. Information concerning available services such as counseling, medical
attention, compensation programs, emergency financial assistance, and
information concerning victim advocacy.
b. Advising victims/witnesses to immediately notify the police
department if either the suspect(s) or their friends or family members
threaten or intimidate them.
c. Provide victims/witnesses with the police department’s non-
emergency telephone number that they may call to receive additional
information about their case or to receive information about the status of
their case.

GO 523.00 – Victim/Witness Services 2


Rev: 09/10/2019
d. Provide victims/witnesses with the case number assigned to their
offense report and inform them of the subsequent steps in the processing
of their case.
e. Petition for an emergency protective order, if necessary.
f. The officer may, upon request, transport or arrange transportation of
the victim to a hospital or safe shelter.
g. Following a crime, officers shall provide the victim with a
Victim/Witness Rights Act pamphlet listing the specific rights afforded to
crime victims. The pamphlet shall include a telephone number by which
the victim can receive further information and assistance. The officer or
investigator should refer the victim to the Victim/Witness Assistance
Program located at the Commonwealth’s Attorney’s Office.
i. A supply of Victim/Witness Rights Act pamphlets shall be kept
in the Department’s Squad Room supply area.
ii. Shift supervisors shall monitor the existing supply of
Victim/Witness Rights Act pamphlets and reorder when necessary
through the City’s Victim/Witness Coordinator.
2. Follow-up Investigation
a. Re-contact the victim/witnesses periodically to determine if there is
any additional information concerning the crime, and to determine if there
are any additional services the Department can provide.
b. If not damaging to the case, explain to victims/witnesses the
procedures involved in the prosecution of their cases and their role in
those procedures.
c. Scheduling interviews, line-ups, or other meetings with
victims/witnesses at their convenience, if feasible.
d. Return property to victims/witnesses as promptly as possible and in
accordance with applicable state law, with the exception of contraband,
disputed property, etc.

GO 523.00 – Victim/Witness Services 3


Rev: 09/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 99-00


COMMUNITY RELATIONS Date: June 18, 2018
VLEPSC Number: ADM.20.01, ADM.20.02 Manual Number: 523.05
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Law enforcement agencies should establish direct contacts with the communities they
serve. Without “grass roots” community support, successful enforcement of many laws
may be difficult, if not impossible. A well-organized community relations function can
be an effective means of eliciting public support, can serve to identify problems in the
making, and may foster cooperative efforts in resolving community issues. Input from
the community can also help ensure that agency policies accurately reflect the needs of
the community.

II. PURPOSE
The purpose of this general order is to establish the Department’s accountability for the
community relations function, to maintain good relations with the citizens of the City of
Charlottesville and to set guidelines for the conduct of Department personnel in their
contacts with the public.

III. DEFINITIONS
A. District Coordinators – are sworn members of the Department who are assigned to
one of the geographic districts within the City of Charlottesville. District
Coordinators act as a liaison to formal community organizations and other
community groups within their assigned district.

IV. PROCEDURE
A. General
1. The Department’s community relations program is designed to:
a. identify and address mutual concerns between the Department and all
segments of the city population;
b. establish formal relationships with community groups, and

GO 523.05 – Community Relations 1


Rev: 06/18/18
c. develop programs that increase community understanding and confidence in
current and proposed departmental activities and programs.
2. All personnel of the Charlottesville Police Department have an individual
responsibility to achieve the Department’s community relations objectives. The
responsibility for achieving and maintaining the Department’s community
relations objectives requires the participation, enthusiasm, and skills of all
members.
3. The Charlottesville Police Department is committed to establishing close ties with
and responding to the needs of the community. Actions, practices or attitudes that
contribute unnecessarily to community tensions and grievances should be
reviewed.
4. All members shall conform to the following standards when dealing with the
public:
a. be patient and courteous;
b. use respectful forms of address to all persons;
c. refrain from harsh, profane or insolent language;
d. not use racial or ethnic slurs;
e. not display bias towards any person; and
f. aid and/or assist persons within the City whenever such aid or assistance
appears to be called for and is not in conflict with the general principles of law
enforcement or in violation of legal statutes or Departmental rules and
regulations.
B. Community Relations Activities
1. Official and unofficial contacts between Departmental employees and citizens, in
any setting in our community, constitute a vital part of the Department’s
community relations program. Ideally, all such contacts should contribute to the
development of positive images toward the Department and its employees and
activities.
2. A wide variety of planned community relations activities will be undertaken by
the Department as a means of increasing public support, dialogue, and
understanding. The activities shall include but are not limited to:
a. formal participation in and liaison with civic, social, business, or other public
and community groups;
b. presenting of programs to community groups and organizations addressing
community relations or other selected aspects of Departmental programs,
objectives, activities, development, successes, and problems;
c.. soliciting and gathering, at every opportunity, citizen/community input on
Departmental policies, practices, and procedures; and
d. community input concerning Departmental policies, procedures, practices and
programs as well as recommendations and suggestions should be considered

GO 523.05 – Community Relations 2


Rev: 06/18/18
in the development of future Departmental policies. Additionally, this input
will be evaluated for possible developmental training within the Department.
C. Problems, Tension, and Grievances
1. The Charlottesville Police Department is committed to correcting actions,
practices, and attitudes that may contribute to community problems, tensions, or
grievances. By recognizing such problems at an early stage, preventive action can
be taken by the Department that might well ward off greater problems in the
future.
2. All Departmental employees who receive or hear concerns expressed regarding
police activities, services, or individuals are encouraged to pass this information to
Shift Commanders/Supervisors. Depending on the severity and urgency of the
problem, the Shift Commander/Supervisor should forward this information to the
appropriate Division Commander, who will in turn, ensure the Chief of Police is
informed. At a minimum, Division Commanders shall review their subordinate
commands’ information on community relations.

GO 523.05 – Community Relations 3


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 16-01


AUTOMATED EXTERNAL DEFIBRILLATOR Date: October 10, 2019
VLEPSC Number: Non-Standard Manual Number: 523.09
Effective Date: Oct. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

The use of the automated external defibrillator (AED) will be conducted in accordance with the
guidelines and procedures of the Virginia Department of Health - Office of Emergency Services.
The following guidelines are set forth by the American Heart Association, as approved by the
Office of Emergency Medical Services.

II. PURPOSE

To provide immediate advanced care to the victim until emergency medical service arrives at the
scene. Personnel certified in CPR and AED courses approved by the Department of Health - Office
of Emergency Medical Services will use the AED in addition to their CPR skills, when necessary.

III. PROCEDURES

A. TRAINING AND CERTIFICATION

1. Personnel will be certified and trained, as approved by the Office of Emergency Medical
Services, prior to being assigned an AED. Sworn personnel shall attend CPR/AED re-
certification every two years.
2. Records of personnel and training will be kept in the office of the Training Bureau.

B. CARE OF EQUIPMENT (operating efficiency between temperatures of 32 to 122 degrees


Fahrenheit):

1. The AED will be kept out of direct sunlight during warm weather months.
2. The AED will not be kept in a vehicle while the vehicle is not being used during the shift.

C. ASSIGNMENT OF EQUIPMENT

GO– 523.09 1
Rev: 10/10/2019
1. The AED will be assigned to specific trained officers selected by the Field Operations
Division Commander.

2. The Police Department has assigned AED’s that are affixed to the walls throughout the
building. These units shall only be used by trained personnel.

D. USAGE AND MEDICAL PRIORITY

1. The AED should be used to treat a victim of Sudden Cardiac Arrest (SCA).

a. SCA is a condition that occurs when the heart unexpectedly stops pumping.

b. A person in SCA does not respond when shaken and is not breathing normally.

c. If in doubt, apply the pads, and allow the AED to determine if use is appropriate.
Follow the voice instructions for each step in using the defibrillator.
2. If the officers assigned AEDs are on assignment, the medical alert call for service will
take priority over a non-emergency call.
3. The closest officer with an AED will clear the non-emergency call and respond to the
medical alert call for service.

E. PERSONNEL PRECAUTIONS

1. All personnel are to use precautions to limit exposure to bloodbourne pathogens and
other dangers, such as, nitroglycerin patches.
2. Use of protective gloves and eye protection are the minimum protection that should be
utilized.

F. EQUIPMENT INSPECTIONS

a. The Officer assigned to the AED shall ensure an inspection and routine testing is
conducted prior to assignment.

b. The officer will also perform a daily self-test and will indicate if there is a problem.

c. The Fleet Maintenance Officer will maintain records of officer assignments and
inspections.

d. If defects are identified, the AED will be taken out of service and turned over to the
fleet manager.

GO– 523.09 2
Rev: 10/10/2019
i. If an AED is removed from service, the AED assigned to the sergeant’s office
will be assigned to the shift to replace the malfunctioning AED, until repaired if
available.
ii. Repairs will be handled by the manufacturer of that unit until the warranty
expires. Once the warranty has expired, the manufacturer will be contacted to
determine the best course of action.
2. AED Equipment:

a. Each unit will carry two sets of pads. In the event that both pads are used, that AED
should be taken out of service until new pads are obtained.

b. After each use, the Fleet Manager should be notified to replace any needed
equipment.

G. INCIDENT REPORTING

1. Shift supervisors will be responsible for forwarding information regarding the use of the
AED to the Fleet Maintenance Manager each time it is placed on a patient so the incident
report can be filed. The Field Operations Division Commander and Shift Commander
shall also receive information on any use of AEDs.
2. Information will include:
a. Incident report;
b. number of shocks given to the patient;
c. identification number of the AED; and
d. names of personnel using the AED in incident reported.

GO– 523.09 3
Rev: 10/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT

Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 01-2004


ELECTRONIC COMMUNICATIONS EQUIPMENT Date: October 21, 2019
VLEPSC Number: OPR.01.06 Manual Number: 523.10
Effective Date: Oct. 21, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to use its electronic


communications equipment primarily for the business purposes of the Charlottesville
Police Department as a means to further the Department’s mission by providing services
that are efficient, complete, accurate and timely.

II. PURPOSE

The purpose of this directive is to establish the guidelines for the proper use of the
electronic communications equipment utilized by the Department, and to ensure the most
efficient and timely communication of data to department personnel.

GO 523.10 – Electronic Systems and Equipment 1


Rev: 10/21/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: General Order Number: 144-00


Handling Requests for Information Under the Virginia
Freedom of Information Act (VFOIA) Date: September 30, 2019

VLEPSC Number: ADM.22.03 Manual Number: 523.20


Effective Date: Sept. 30, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Department shall promptly respond to all requests for public records made under the
Virginia Freedom of Information Act (VFOIA). The Department’s response shall be
made in accordance with the requirements of VFOIA, Code of Virginia §2.2-3700, et seq.

II. PURPOSE
To provide members of the Department with guidelines for handling Virginia Freedom of
Information Act requests.

III. PROCEDURE
A. Point of Contact
1. The Public Information Officer will be the point of contact within the Department
to handle all official responses to third party requests for information or public
documents made under VFOIA.
2. Upon receipt of a VFOIA request the Public Information Officer shall
immediately notify the proper division/bureau/unit commanders of the request
and of the date by which the Department is required to respond to the request.
The Public Information Officer will be responsible for preparing the Department’s
response to the request in accordance with Code of Virginia §2.2-3704. This
responsibility will include:
a. Collecting copies of all records responsive to the VFOIA request from
the proper division/bureau/unit commanders;
b. previewing the responsive documents to determine whether any or all
may be exempt from being disclosed under VFOIA; and
c. preparation of a written response to the request that complies with the
requirements of Code of Virginia §2.2-3704(B).

GO 523.20 – Handling Requests for Information Under the VFOIA 1


Rev: 09/30/2019
3. It will be the responsibility of the Public Information Officer to ensure that a
prompt response (within five business days of a Department member’s receipt of
a VFOIA request) is made. The Public Information Officer may seek assistance
from the City Attorney’s Office, in determining whether any requested records are
subject to disclosure under VFOIA, or in preparing written response to the
request.
B. Handling a Request for Information
1. Any member of the Department who receives a request for information or
Department records will treat that request as a VFOIA request. Upon receipt of a
request by any person to inspect or copy any records of the Department, the
Department member receiving that request shall immediately forward the request
to the Public Information Officer for response.
2. A requesting person does not need to cite the VFOIA, or to justify or explain the
reason for a request for Department records. A member receiving any request for
inspection of copying of Department records shall simply forward the request to
the Public Information Officer.
3. All requests for records need to be made with “reasonable specificity” however;
there is no particular required format. Department members should be aware that
VFOIA requests for inspection and copying of Department records may be
communicated by various means: verbal, written, electronic communication (e-
mail), facsimile, etc. No member of the Department shall attempt to determine
the validity or sufficiency of any person’s request without the concurrence of the
Public Information Officer.
4. If a requested record or document does not already exist, the Department is not
required to create a record, or to put information into any particular format.
However, the Department may abstract or summarize information under such
terms and conditions as may be agreed upon between the requesting party and the
Public Information Officer.
5. The Department shall provide records maintained in electronic formats or
databases in such format or medium as may be required by Code of Virginia §2.2-
3704 (G).
C. Responses
1. All responses to requests will be in compliance with the VFOIA and the
Department reserves the right to withhold information in accordance with the
VFOIA. The Department’s official response to a VFOIA request shall be issued
from the Public Information Officer.
2. Department personnel who have been contacted by the Public Information Officer
regarding the need to respond to a request received by the Department under the
VFOIA shall immediately provide one of the following responses to the Public
Information Officer so that the Public Information Officer may prepare a timely
response to the requesting party:

GO 523.20 – Handling Requests for Information Under the VFOIA 2


Rev: 09/30/2019
a. The requested records will be provided to the requester. In this case,
true copies of the requested records will be forwarded to the Public
Information Officer, or the Public Information Officer shall be provided
with information as to a date, time and location that records will be made
available at the Department for inspection by the requesting party.
b. The records will be entirely withheld because law prohibits a release
of such records. In this case, the Public Information Officer will be
notified of the specific provisions of law that prohibit a release of the
requested records or which exempt the requested records from the
requirements of disclosure under VFOIA. If the responding personnel
cannot cite to a specific provision of law, then he or she may request the
Public Information Officer to obtain guidance from the City Attorney’s
Office.
c. The requested records will be provided in part and withheld in part
because the release of part of the records is prohibited by law or the
custodian has exercised his discretion to withhold a portion of the records
in compliance with the code section. As indicated in paragraphs (a) and
(b), above, copies of records to be provided shall be forwarded to the
Public Information Officer and documentation may be withheld only
pursuant to a specific provision of law.
d. If it is not practically possible to provide the records or determine the
availability within the five working day period, the Public Information
Officer shall immediately be notified of this fact, and of the conditions
that make a response impossible, so that they can prepare a written
response communicating that to the requesting party. If the Public
Information Officer is able to make this response to the requesting party
within five business days, then the Department will have an additional
seven work days to make one of the preceding responses
3. All responses prepared by the Public Information Officer to a requesting party,
except actually providing the records, will:
a. Be in writing,
b. identify with reasonable particularity the subject matter of withheld
records, and
c. cite each category of withheld records, the specific Virginia Code
section, which authorizes the withholding of the records. The Department
may delete or excise only the portion(s) of a requested record to which an
exemption applies and must release the remainder of the record.
D. Charges for Information Requested
1. The Department will charge a reasonable amount for costs incurred in the
supplying of information requested in compliance with the VFIO.

GO 523.20 – Handling Requests for Information Under the VFOIA 3


Rev: 09/30/2019
2. The charges will be calculated with respect to the labor and materials needed for
the process of accessing, duplicating, supplying, and searching for requested
records.
E. Withholding Information
1. The Department reserves all the rights granted under the VFOIA or other
provisions of Virginia Law, to withhold or exempt certain records from
disclosure.
2. Examples of Departmental records that will be withheld include, but are not
limited to the following:
a. Any record that contains specific tactical plans, the disclosure of
which would jeopardize the safety or security of law-enforcement
personnel or the general public (See Code of Virginia § 2.2-3705 (A) (57)
and §2.2-3706.)
b. Non-criminal incident records, investigative reports or other
Department records or materials containing identifying information of a
personal, medical or financial nature, where the release of such
information would jeopardize the safety or privacy of any person. (See
Code of Virginia §2.2-3706; 19.2-11.2.)

c. Personnel records containing information concerning identifiable


individuals, except that access shall not be denied to the person who is the
subject of the records, and public disclosure shall not be denied if the
person who is the subject of the records has waived, in writing, the
protection afforded by law to his or her personnel records. (See Code of
Virginia §2.2-3705 (A) (4).)
d. Those portions of any record containing information related to plans
for, or resources dedicated to undercover operations. (See Code of
Virginia §2.2-3706)
e. Records of background investigations of applicants for law-
enforcement agency employment, or other confidential administrative
investigations conducted pursuant to law. (See Code of Virginia §2.2-
3706)
f. Complaints, memoranda, correspondence and evidence relating to a
criminal investigation or prosecution, other than “criminal incident
information” specifically required by law to be disclosed. (See Code of
Virginia §2.2-3706)
g. Any other information or records exempt from VFOIA, or which may
be withheld at the discretion of the Department, as set forth in Code of
Virginia.
F. Information Required to Be Disclosed

GO 523.20 – Handling Requests for Information Under the VFOIA 4


Rev: 09/30/2019
1. As a general rule, law enforcement officials are required by VFOIA to make
available, upon request, “criminal incident information” relating to felony
offenses. “Criminal Incident Information” means, for purposes of VFOIA (See
Code of Virginia §2.2-3706):
a. A general description of the criminal activity reported;
b. the date and general location the alleged crime was committed;
c. the identity of the investigating officer; and
d. a general description of any injuries suffered or property damaged or
stolen.
2. “Criminal Incident Information” need not be disclosed under VFOIA in the
following circumstances:
a. Where the release of criminal incident information is likely to
jeopardize an ongoing investigation or prosecution;
b. is likely to jeopardize the safety of an individual;
c. is likely to cause a suspect to flee or evade detection; or
d. is likely to result in the destruction of evidence.
Under these circumstances the Department may withhold requested records and
information until the above-referenced damage is no longer likely to occur as a
result of release. If criminal incident information is not likely to cause any of the
above-referenced damage(s), then it must be released to a requesting party.
3. Information in the custody of law enforcement officials relative to the identity of
any individual (other than a juvenile) who is arrested and charged, and the status
of the charge of or arrest, must be released.
G. VFOIA Requests from Media
1. Generally, VFOIA requests received from the media are to be handled under this
policy.
2. However, when a VFOIA request pertains to or seeks information about an
ongoing criminal investigation or other sensitive operations, response to the
VFOIA request shall also be handled consistently with the rules set forth within
General Order 59-99, Manual Number 523.25 (Media Relations)

GO 523.20 – Handling Requests for Information Under the VFOIA 5


Rev: 09/30/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 59-99


MEDIA RELATIONS Date: November 18, 2019
VLEPSC Number: ADM.22.01, ADM.22.02 Manual Number: 523.25
Effective Date: 11/18/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
An informed populace is one of the cornerstones of a democratic society. The
Charlottesville Police Department supports that principle of democracy. Furthermore, the
Department believes that a well-informed citizenry is in keeping with the Community
Policing efforts of the Department.
Therefore, it is the policy of the Charlottesville Police Department to maintain a spirit of
cooperation that enhances the flow of information to the news media and the community.
Information concerning the operations or administration of the Department that is of
public interest may be released for public dissemination so long as such dissemination
does not hinder the operations of the Department, jeopardize the rights of any person, or
is not contrary to existing law or policy.
The Charlottesville Police Department is committed to providing the news media and the
community with information on agency operations and administration for the purpose of
forming a relationship of mutual trust, cooperation and respect.

II. PURPOSE
The purpose of this directive is to provide guidelines as to the types of information that
may be released to media representatives, to specify some types of information that may
not be released, to identify who may release information, and to establish procedures for
media representative relationships with the police department.

III. PROCEDURE
A. Release of Information - General
All information will be released through the Chief of Police, or under the below listed
Guidelines.

B. Who May Release Information

GO 523.25 – Media Relations 1


Rev: 11/18/19
1. General Media Inquires and Follow Up
a. The Police Department’s Public Information Officer or their designee is the
primary facilitator for routine media inquiries and information concerning on-
going department criminal investigations and operations. After hours, the
Shift Commander or their designee or in cases of ongoing investigation the on
call Investigations Supervisor shall be the primary media contact.
b. Any police employee receiving a media request for information should direct
the inquiry to the Police Department’s Public Information Officer via
telephone. The Department PIO will consult with the appropriate Department
component having first hand knowledge of a particular activity before
commenting on a particular case. Any information released concerning an
ongoing investigation beyond the scope of the basic facts of the incident must
be cleared through an Investigations Bureau supervisor.
c. Any member of the department who has responded to a media inquiry
concerning major investigations or operations shall supply the departments
Public Information Officer with the brief details of the information released
and the media source it was released to. In the absence of the Public
Information Officer, the member shall forward the required brief details of
their media release to the appropriate Shift Commander or Investigations
Bureau Supervisor.
2. An officer of the Department who is investigating a particular crime or is
involved in a department operation may, with the permission of their supervisor,
release appropriate information to the media.
a. Where several officers at the scene of a Department operation or criminal
investigation have information, the ranking person on scene or their designee
will serve as the media contact. While handling of the crime or incident shall
take priority, as soon as convenient media requests should be responded to.
b. In the case of follow up investigations, either the Department PIO in
consultation with an Investigations Bureau supervisor, or a Division
Commander will provide the information requested.
3. In matters of immediate importance or urgency (such as a major department
operation or major crime investigation), the Department PIO, a Division
Commander, the Chief of Police in consultation with the appropriate Shift
Commander or the Investigations Bureau Commander shall release information.
In situations in which the Shift Commander or Investigations Bureau Commander
is not available, the Shift Commander’s designee or Investigations Bureau
Supervisor designee will take responsibility for approving release of information
as per this policy.
a. The supervisor releasing the information to the media shall provide the Chief
of Police with a brief summary of the information that has been provided to
the media.

GO 523.25 – Media Relations 2


Rev: 11/18/19
b. When other government agencies are involved in a mutual effort, the lead
agency will be determined based upon function and responsibility. The lead
agency is responsible for any news release pertaining to the incident.
Note: In all cases in which another agency assumes responsibility for an investigation,
that agency or its representatives will be responsible for release of information and any
request for information will be referred to that agency.
4. Any member, and/or unit requested to speak to the media or appear before a
group or body regarding police operations or police department related matters,
will notify the appropriate Division Commander of such request. Approval of the
request must be received prior to the speech or appearance. Members who speak
before groups as part of their regular duty assignment are generally excluded from
this requirement.
5. Members of the department who belong to non-department organizations and are
authorized to speak in behalf of those organizations shall ensure that any public
comment made is clearly understood as coming from that organization and not
from the police department. The member or members, speaking on behalf of that
organization shall not identify themselves as a member of the Charlottesville
Police Department in a manner that is likely to infer or represent them as speaking
on behalf of the department.
6. After normal office hours and on weekends and holidays the media will be
referred to the Department PIO or appropriate Bureau Commander by the Shift
Commander when their knowledge of a subject is limited or they are not
authorized to release information regarding the subject. After pertinent
information has been forwarded to the Public Information Officer about an
incident, media inquiries about the incident should be referred to the Public
Information Officer.
C. Information That May Be Released Routinely
1. Daily Bulletin report, which is disseminated each day electronically.
2. Information on crimes, other than juveniles or sex offenses:
a. the offense itself;
b. a victim’s age and general area of residence;
c. the general location of the offense;
d. general information about the crime itself.
3. Sex Offenses
Information about a sex crime victim that does not identify or tend to identify the
victim may be released, e.g. the site of the crime. (For example, in a spousal rape
or the sexual abuse of a child by a parent, release of the name of the assailant or a
home address would tend to divulge the identity of the victim therefore, could not
be released. Information that directly or indirectly identifies the victim of a crime
involving any sexual assault or abuse may not be released (Virginia Code 19.2-
11.2).

GO 523.25 – Media Relations 3


Rev: 11/18/19
4. The name, address, and physical description of a person who has been arrested or
a suspect being sought for a crime, unless it would have a negative impact on
apprehension.
5. The type of weapon used, if releasing such information does not interfere with the
investigation or prosecution of the case. If this information is released, it is
released at the discretion of an Investigations Bureau Supervisor.
6. The type of response to resistance used.
7. Injuries to the victim or suspect.
8. Summary of facts and essential circumstances of the arrest or incident, including
charges.
9. Mug shot of a charged offender may be released upon approval of a Shift
Commander or Investigations Bureau Supervisor.
D. Information That Will Not Be Released includes the following:
1. names of deceased persons shall not be released until identity has been verified
and the next of kin has been notified;
2. name or address of any sex crime victim or the exact location of the sexual
assault, if revealing the location would tend to identify the victim;
3. statements made by a suspect after arrest;
4. information concerning a suspect’s previous record of criminal history;
5. name or address of any juvenile taken into custody, unless authorized by the
Juvenile Court;
6. home address, phone number, place of employment and names of family
members of the victim of any crime;
7. the names of any witnesses, except upon approval by the Commonwealth
Attorney;
8. the amount of money or value of goods taken by any unlawful means, except that
such loss may be described in general terms, e.g. “a small sum of money”, three
Poulin chain saws”. Or “a 1992 Cadillac Fleetwood” would be appropriate since
none of these would disclose the exact value of the loss);
9. testimony presented to a grand jury;
10. any information that may lead to identify an informant;
11. confidential department information; or
12. information concerning operational plans, tactics, personnel matters, or
information that is purely of an administrative concern shall not be released
without proper release of information authorization or subpoena.

E. Press Release

GO 523.25 – Media Relations 4


Rev: 11/18/19
1. The Chief of Police or a designee shall issue press releases.
2. Any member of the Department preparing a press release will utilize the standard
Charlottesville Police Department Press Release Format.
a. Members shall endeavor to complete a one-page press release.
b. Copies on any press release, except routine, approved and on going press
releases shall be distributed to the following:
i. Chief of Police;
ii. Division Commanders;
iii. Department Public Information Officer;
iv. City Public Information Officer; and
v. City Manager or their designee
3. When a written press release has been drafted and distributed by the Chief of
Police or a designee, media requests for further information shall be referred to
the contact person listed on the press release. If the contact person is not
available, media questions should be referred to the Departments Public
Information Officer.
4. Members of the department who are currently assigned to the Jefferson Area Drug
Enforcement (JADE) Task Force may use the prescribed JADE press release form
when issuing JADE related press releases.
F. Press Conference
1. Press conferences shall not be held without the authorization of the Chief of
Police.
2. The City’s Public Information Officer and the Departments Public Information
Officer will be responsible for arranging and coordinating Department press
conferences. Their responsibilities shall include:
a. securing the press conference location and making sure it is appropriately
arranged such as ;
i. proper lighting;
ii. adequate electrical outlets;
iii. appropriate speaker’s location including, speaker’s podium with suitable
background area; and
iv. chairs for media personnel.
b. preparing a press release, if required;
c. notifying the media representative of the date, time, location and general topic
of the news conference;
d. assisting the media with access into the news conference site and proving
liaison to the media at the news conference;

GO 523.25 – Media Relations 5


Rev: 11/18/19
e. distribute handouts as required; and
f. assisting at the news conferences as needed or as directed by the Chief of
Police.
G. Photographing by the News Media
1. Photographing a person in department custody will not be permitted within the
confines of a department facility, except upon authorization by the Chief of
Police.
2. News media representatives may be permitted inside police lines at the scene of
an investigation or a crime scene only after the scene has been cleared by the
Forensic Unit and then only with the approval of the investigating supervisor or
their designee.
3. Photographing outside-established police lines will not be restricted. Police lines
are used to stop evidence destruction and to control access. Telescopic-
photography does not destroy evidence or disturb police operations.
4. Official department photographs will not be released without authorization from
the Chief of Police, Division Commander or court subpoena.
H. News Media Relations
1. Role of the news media
A well-informed public is essential to the existence of a democratic nation.
Therefore, a citizen must have access to information concerning current events. A
free press serves the public by supplying needed information, stimulating thought,
and providing a medium for expression.
2. Media representatives entering the area of a serious police incident or crime scene
Police lines are established to limit access to the area of a serious incident or
crime scene. Depending upon the tactical situation, the likelihood of interference
with police operations, or the danger to life and limb, members of the news media
shall be permitted to enter such areas, in accordance with provisions of Virginia
Code 15.2-1714. A supervisor of the command investigating the incident shall
authorize entry by media representatives when it is safe and prudent to do so, and
shall assist them in covering the news story.
3. Where Media Representatives are not Authorized.
a. The news media does not have authority to be within a crime scene or area,
which has been secured to preserve evidence, where their presence may hinder
police operations or there is a danger to life and limb.
b. If a crime scene is on private property and the owner or person in charge of
that property denies permission to members of the media to enter onto the
property, and has so stated to the news representatives in the presence of
police personnel, police have an obligation to ensure that the denial is
honored; otherwise, press representatives have the right to remain on private

GO 523.25 – Media Relations 6


Rev: 11/18/19
property, outside the established crime scene, to complete their news
gathering tasks.
I. General, Statistical and Department Activity Information
1. Request for Information
The news media and members of the public frequently direct inquiries to the
department seeking information on a variety of subjects. Whether to release
information or to grant interviews will be determined according to the facts of
each request. If unsure whether to release information, or unable to provide the
requested information, an officer should refer the person making the inquiry to
either the officer’s immediate supervisor or the department’s PIO.
Additionally, the department will make available a daily bulletin on part one
crimes generated over a 24hr. period. This will be posted to the Charlottesville
Police Department Website. The bulletin will be made available to media
personnel to view.
2. Responsibility to Supply Information
When a request is made for information concerning a police matter, the officer or
member must decide if they are authorized, qualified and in possession of
sufficient facts to make the requested response. In addition, the officer must be
sure the person making the request is the proper individual to receive the
information. The officer or member shall be cautious to avoid representing as
fact, that which is opinion.
3. Freedom of Information Requests
When a request for information is made to the department and the Freedom of
Information Act is cited in the request members shall forward such requests to the
Public Information Officer. The Public Information Officer shall coordinate the
department’s response and when necessary coordinate the department’s response
through the City Attorney’s Office.
4. Use of Departmental Facilities
Upon authorization from the Chief of Police, representatives from the news media
or public information groups may use their equipment inside departmental
facilities to record interviews, documentaries, news releases, or events of an
unusual nature.
5. Feature Articles or Programs
Requests for cooperation and preparation of articles for newspapers, magazines,
and other publications will be considered individually by the Chief of Police.
When such activities are approved, interviewing of personnel and photography of
department facilities will be within the scope of the approval. Officers
participating in preparation of such articles shall not exceed those limits.
Employees should exercise discretion so as not to make statements or convey
information that may create misunderstanding or compromise the effectiveness of
the department.

GO 523.25 – Media Relations 7


Rev: 11/18/19
6. Public Information Program
The department is committed to conducting various public information programs
and working toward developing new programs in those areas where the
relationship with any group or the public as a whole may be improved.
7. Many people rarely have an occasion to enter police stations or to witness
activities that support line operations. Upon sufficient prior notice to the Chief of
Police or their designee, tours will be given to various groups to acquaint the
public with the law enforcement profession.

GO 523.25 – Media Relations 8


Rev: 11/18/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-03


RIDE-ALONG PROGRAM Date: October 10, 2019
VLEPSC Number: Non-Standard Manual Number: 523.30
Effective Date: Oct. 10, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to allow citizens to voluntarily


accompany officers during a tour of duty to observe law enforcement activities and better
understand the challenges of policing, so long as staffing and operational conditions allow.

II. PURPOSE

The Ride-Along program is designed to allow citizens to observe the police department’s
function and operations in order to facilitate community-oriented policing goals including a
commitment to work with the community to solve neighborhood problems and to operate an
open, accessible, accountable agency. The safety of law-enforcement personnel and the
ride-along participant shall be the primary concern.

III. PROCEDURES

A. Ride-Along request

1. Ride-Along application forms may be picked up at the Management Services


window of the police department or a PDF version may be emailed to a party.

a. The applicant must read, fill out and sign the forms, retain the briefing
letter and turn the application and liability waiver to a Records
Management Services (RMS) employee at least three (3) working days
before the desired date of ride along.

b. The RMS employee will review the forms ensuring they are complete
and include a good contact number and that the briefing letter is
understood and retained by the applicant.

GO 523.30 – Ride-Along Program 1


Rev: 10/10/2019
c. The Ride-Along applicant will then have a criminal and RMS history
check done and the results will be printed off and attached to the forms.

d. The forms will then be forwarded to Field Operations Division


Commander who will in turn review and sign as approved or denied, and
forward to the affected shift’s commander for assignment.

e. An appropriate shift supervisor will call and arrange the ride along. Said
supervisor will generally assign one ride along per shift but may
schedule more at his or her discretion.

2. In the case of spouses, employees or interns, any shift commander may approve
a ride-along on the shift they are assigned. All waivers, criminal history and
necessary forms must be completed and turned into the Field Operations
Division Commander

3. Applicants with felony convictions, serious misdemeanors or crimes involving


moral turpitude shall not be approved to participate in this program.

4. The Field Operations Division Commander shall ensure the application forms
are maintained for a period of one (1) year.

B. Limitations

1. A person shall not ride unless approval has been granted and the approving shift
Commander has the properly completed waiver.

2. A ride-along will be for a specified period of time not to exceed 10 hours unless
approved by and at the discretion of the officer assigned.

3. No more than one ride-along shall accompany an officer at a time unless prior
approval is granted by the affected shift’s commander.

4. Juveniles must be 16 years of age or older to ride along and must have the
request and waiver forms signed by a parent or guardian.

5. No person shall be allowed to observe law-enforcement activities relating to


raids or ride with plain-clothes units without specific, advance approval of the
specific Division Commander or the Chief of Police.

6. Police officers on a probationary status shall not be assigned a ride along.

7. Police Officers assigned to the Academy shall not be permitted to ride along.

8. No ride-along will be approved for a holiday unless requested or previously


approved by the affected officer.

GO 523.30 – Ride-Along Program 2


Rev: 10/10/2019
9. Ride-Along participants shall only be allowed to participate in the program once
every 6 months except as approved by the Chief of Police or the Field
Operations Division Commander. Charlottesville Police Department interns,
civilian employees and spouses are exempt from this limitation; however a
signed ride-along waiver must be on file within the past one (1) year.

C. Beginning tour

1. Ride-Along participants will be assigned a date and time and must meet their
host officer at the police department lobby to begin their tour.

2. If no specific officer is requested by name, the on-duty shift commander shall


appoint the host officer.

3. The observer should be appropriately dressed in either business attire or


acceptable casual wear; if not, the on-duty shift commander or supervisor may
cancel Ride-Along approval.

4. The host officer shall instruct the observer on the following:

a. The observer must follow the officer's directions at all times;

b. the observer’s appearance in court as a witness may be necessary;

c. the observer may end the ride along whenever he or she wishes;

d. the officer may end the ride along if safety considerations dictate;

e. the observer must wear a seat belt when riding in a departmental vehicle;

f. the observer shall identify themselves, if asked, as an authorized citizen


observer or Ride-Along;

g. the observer is not permitted to carry any flashlight, radio, camera, tape
recorder or other recording device, or binoculars unless authorized by the
shift commander;

h. recording the officer during the Ride-Along is prohibited, unless prior


authorization has been granted by the Field Operations Division
Commander;

i. the observer shall not carry weapons or restraining devices of any kind.
Exceptions may be granted to sworn law-enforcement personnel; and

j. the observers shall not smoke or use smokeless tobacco during the Ride-
Along.

GO 523.30 – Ride-Along Program 3


Rev: 10/10/2019
D. Observer conduct

1. Observers shall at all times remain under the complete control of the assigned
officer and shall comply with all directions and requests.

2. Observers shall not interfere with investigations in any way by conversing with
victims, suspects, or witnesses, handling evidence or equipment, or participating
in any enforcement activity unless directed to do so by the host officer per
Virginia Code § 18.2-463 (which prohibits a person from refusing to aid an
officer in the execution of his office).

E. Arrests, transporting, booking

1. If the host officer feels that it would be reasonably safe to do so, the observer
may accompany the officer while transporting or booking prisoners. If the
officer believes a problem may arise, the observer should be temporarily
transferred to another officer or returned to the police department.

2. Observers shall never be permitted to remain with prisoners in the absence of


officers.

F. Ending tour

Upon completion of the ride-along, the host officer will return the observer to the
department and thank them for their interest.

G. Prohibited activities

An officer who has any passenger in their vehicle, other than a sworn employee of
the department or other law enforcement officer will consider the safety of the
passenger(s) before engaging in or continuing a pursuit. If possible, the
passenger(s) should be safely and responsibly removed from the police vehicle in
an area that is not an inherent threat to their safety.

H. Ride-Along Review

Upon completion of the Ride-Along, all observers shall be provided a Ride-Along


review form. These forms shall be filled out, and forwarded to the Field
Operations Division Commander for review.

GO 523.30 – Ride-Along Program 4


Rev: 10/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 112-00


DEPARTMENT CASE MANAGEMENT SYSTEM Date: November 13, 2019
VLEPSC Number: OPR.02.04 Manual Number: 530.10
Effective Date: 11/13/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to establish a Case Management System for the
Department’s criminal investigative functions that utilizes a Police Records Management
System (RMS), and provides for the retention of original incident reports, supplemental
reports, and other records in an electronically stored format.

II. PROCEDURE
A. Support Operations Division
1. It is the responsibility of the Support Operations Division Commander to establish
and maintain a case management file system that will ensure the following
information is collected, managed, and retained:
a. case status and disposition tracking;
b. assigned officer/detective and reviewing supervisor tracking;
c. the types of records to be maintained;
d. rules defining accessibility to the files;
e. rules for purging of the files.
2. Command Accountability:
a. The Investigations Bureau Commander or their designee shall be responsible
for coordinating, monitoring, and supervisory review of the Investigations
Bureau case file management system.
b. CPD’s Records and Systems Administrator shall be the Department liaison to
the regional Police RMS committee. The Records and Systems Administrator

GO 530.10 – Dept. Case Management System 1


Rev: 11/13/2019
shall be responsible for the Department’s maintenance and delivery of the
Police RMS to the established Department terminal locations.
c. Information and Management Services personnel shall be responsible for
maintaining a central repository of the patrol officer’s preliminary
investigation reports.
3. The Records and Systems Administrator shall be responsible to establish:
a. The necessary support to the Police RMS that meets the Department’s criminal
investigative responsibilities.
b. A secured central repository for patrol officer generated preliminary
investigation reports.
B. Field Operations Division Command Accountability
Patrol Bureau Shift Commanders shall be responsible for the monitoring and
supervisory review of their respective shift’s case management system.

GO 530.10 – Dept. Case Management System 2


Rev: 11/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 113-00


ORGANIZED CRIME AND VICE INVESTIGATIONS Date: August 27, 2020
VLEPSC Number: OPR.03.01 thru 03.06 Manual Number: 530.40
Effective Date: 08/27/20
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department recognizes the need to enforce the law and protect
the community from the evils of illegal drugs, organized crime and vice. The Department
is committed to receiving, processing, and investigating vice, drug, and organized crime
complaints.

II. PURPOSE
The purpose of this directive is to set forth the guidelines and procedures for officers to
follow in handling criminal activity involving vice, drug and organized crime
investigations.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 530.40 – Organized Crime and Vice Investigations 1


Rev: 08/27/20
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 29-99


ANNOYING, THREATENING OR OBSCENE
Date: June 18, 2018
TELEPHONE CALLS
VLEPSC Number: Non-Standard Manual Number: 531.01
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to provide guidelines to members of the Department when
they are conducting a preliminary investigation that involves annoying, threatening or
obscene telephone calls.

II. PROCEDURE
A. Telephone Company Administrative Procedure
1. Members of the Department, who are investigating non-threatening, but annoying
telephone calls, should refer the reporting party or victim to their service provider.
The caller’s contact of their service providers Annoyance/ Wanted Call Center
can result in an annoyance call account being initiated for the subscriber of the
phone service.
B. Criminal Prosecution Procedure
1. When a complainant has received an obscene or threatening telephone call(s),
they should be referred to their service providers Annoyance/ Unwanted Call
Center for criminal prosecution technical support. The phone company may
assess a fee to the complainant for every trace placed on the complainants
telephone, whether the phone call is annoying, threatening or obscene. The
complainant needs to document the date and time of the call to assist the phone
company and the police in accessing the call. The complainant will not receive
any information from the phone company pertaining to the phone calls, but the
information received by the phone company will be released to a law enforcement
agency only. If a hard copy of the phone records of the traced call(s) is needed,
the police department will need to subpoena the phone records and no fee will be
encountered by the agency. The service providers Annoyance/ Unwanted Call
Center personnel shall instruct the caller in the procedure that should be followed.
2. A criminal prosecution pursuant to Virginia Code Sections 18.2-427 or 18.2-429
will require that:

GO 531.01 – Annoying, Threatening or Obscene Telephone Calls 1


Rev: 06/18/18
a. an Incident Case Report will be completed;
b. the complainant must agree to assist in the prosecution of the offender;
and
c. the caller must be able to be identified.
3. The reporting officer should assist the complainant in obtaining the necessary
warrant(s) when the complainant desires criminal prosecution and knows who is
making the annoying, threatening or obscene telephone calls and can identify the
caller.
C. Police Record Only
If the complainant wishes to make only a police record of the harassing telephone
calls, but does not wish to prosecute the caller, the investigating member should not
complete an Incident Case Report. The complainant should be informed that
documentation of their call has been recorded by the Emergency Communications
Center and that documentation can be called for information purposes. The
complainant should also be informed that no police follow-up will be required in a
report made for record purposes only.

GO 531.01 – Annoying, Threatening or Obscene Telephone Calls 2


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number:


Mental Illness Response Date: November 22, 2019
VLEPSC Number: Manual Number: 531.03
Effective Date: 11/22/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE

Interacting with the mentally ill can pose a significant challenge to law enforcement.
Persons suffering from these conditions may behave in erratic and unpredictable manner
and can pose a serious safety hazard to the public and responding officers.

The Charlottesville Police Department will make every effort to deal with mentally ill
persons in a compassionate and safe manner in order to protect the individual, the public,
family members and emergency service providers.

This policy provides guidance for recognizing some of the symptoms associated with
mental issues as well as addressing some of the more common interactions agency
personnel might encounter with such individuals.

II. POLICY
It shall be the policy of the Charlottesville Police Department to recognize and provide
equal treatment to individuals that are mentally ill and make reasonable adjustments to
our tactics on a case-by-case basis, such as by using more time, sensitivity and patience
to a person displaying symptoms of mental illness.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

531.03 – Mental Illness and other Issues


Rev: 11/22/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 41-99


Domestic Violence/ Lethality Assessment Protocol Date: June 18, 2018
VLEPSC Number: OPR.13.01 Manual Number: 531.02
Effective Date: June 18, 2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to exercise leadership in the


community in responding to domestic violence by recognizing that the nature and
seriousness of crimes committed between family or household members are not mitigated
because of the relationships or living arrangements of those involved. The department will
assign domestic or family violence calls a high priority. Furthermore, the department
recognizes that domestics have one of the highest incidents of assaults on officers and as
such will ensure that officers utilize proactive and proper officers survival skills at all times.

It is also the policy of the Charlottesville Police Department to use the Lethality Assessment
Protocol (LAP) at the scene of a domestic violence incident. The protocol will assist in
identifing victims of domestic violence in potentially lethal situations, and establish criteria
to place those victims in immediate and direct contact with a domestic violence service
program hotline advocate.

II. PURPOSE

It is the purpose of this policy to define domestic violence and related offenses, outline a
safe procedure for handling violent incidents and calls, and describe measures to end
violence and protect victims and prepare for the best possible prosecution of such cases and
to address repeat offenders. It is recognized that an immediate criminal justice response can
make a major difference in the disputants' lives. With all due consideration for their own
safety, department personnel responding to a domestic disturbance call shall (l) restore
order; (2) arrest persons when probable cause exists that a crime has occurred; (3) Establish
trust and provide safety and security for the crime victim(s); and, (4) Investigate patterns of
violence, seek inter-agency collaboration to deter future violence and conduct Lethality
Screening to identify potential lethal situations.

GO 531.02 – Domestic Violence 1


Revised: 06/18/18
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational
and tactical responses are withheld for community and Officer Safety (e.g., bank alarm
response, response to an active threat, and Tactical Operations).

GO 531.02 – Domestic Violence 2


Revised: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect
to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 01-12


SEXUAL ASSAULT Date: June 18, 2018
VLEPSC Number: Non-Standard Manual Number: 532.00
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to assist sexual assault victims in
a supportive manner, using appropriate victims services agencies to aid in facilitating the
victim's needs, and to process crimes scenes in the most professional and proven manner
to assist in the effective prosecution of said cases.
II. PURPOSE
Sexual assaults (rape, forcible sodomy, sexual battery, object penetration, and attempts
thereof) are violent personal crimes that have great psychological and physical effects on
the victims. In order to address this we will conduct coordinated preliminary and follow-
up investigations of sexual assault and other related offenses.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

Sexual Assault Policy 1


Revised 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 33-99


NOISE DISTURBANCE CALLS Date: June 19, 2018
VLEPSC Number: Non-Standard Manual Number: 533.01
Effective Date: 06/19/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this guideline is to establish a procedure to provide uniform response to
noise disturbance calls. A uniform response will allow officers to effectively and safely
enforce the noise ordinance of the City of Charlottesville.
II. POLICY
It shall be the policy of the Charlottesville Police Department to respond to noise
complaints in a timely fashion and to address the situation in a fair and consistent manner
according to law and department policy.
III. PROCEDURE
A. The Charlottesville/UVA/Albemarle County Emergency Communications Center
1. The Emergency Communications Center will determine the nature and
location of the violation from the complainant and dispatch the call for
service.
2. An Emergency Communications Center officer shall assign a unit to respond
to the call and inform the unit of any relevant information.
3. A second unit should be dispatched when the nature of the call represents a
potential danger to the officer.
4. The number of units in service and the nature of the complaint will determine
the priority of the call and the order in which the call is dispatched.
B. Patrol Bureau
1. The primary unit responding to the scene should evaluate the situation by any
or all the following:
a. personal observation;
b. interview with the complainant if such interview is requested by the
complainant or deemed beneficial by the officer;

GO 533.01 – Noise Disturbance Calls 1


Rev: 06/18/18
c. verification that a variance or exemption has/has not been granted to
the alleged violator, and that the noise is illegal per the situation;
d. take a Sound Level Meter reading to determine if the noise is in
violation of the City’s noise ordinance, the district 6 officer shall sign
out a Sound Level Meter at the beginning of their shift; and/or
e. contact Information Management Services (IMS) to determine if
previous violations/warnings have been issued related to the address, if
there has been a previous violation/warning issued at the address
within the last 12 months a summons shall be issued.
2. To avoid a possible retribution, the officer is cautioned not to make
unnecessary reference to the identity of the complainant when discussing the
matter with the violator.
3. If the noise is determined to be excessive, and in violation of the Code of the
City of Charlottesville, the officer should:
a. request abatement of the noise;
b. advise the violator of the code requirements relating to the particular
offense and issue one of the following:
i. Warning Ticket; or
ii. Uniform Traffic Summons
c. A custodial arrest in lieu of issuance of a warning ticket or summons
may be warranted in the below circumstances:
i. when the subject refuses to discontinue the unlawful act;
ii. if the arresting officer believes that the person is likely to
disregard the summons;
iii. if there is a reason to believe the subject could cause injury to
himself or others; or
iv. if the person refuses to give a written promise to appear in
court then he/she shall be taken before the magistrate.
d. If a warning is used, the violator should be advised that future such
violation may result in an arrest or summons.
e. If practical, remain at the scene to verify compliance.
4. In the event of a second call for the same offense, the officer shall take a
Sound Level Meter reading. If the officer determines the noise to be in
violation of the City’s noise ordinance, the officer may issue a summons or
make a custodial arrest if necessary
a. Note: This section recognizes that circumstances may exist, although
rarely, that will warrant the officer to not take enforcement action
when a second violation occurs. Any such decision should be
documented and justified in a warning ticket.

GO 533.01 – Noise Disturbance Calls 2


Rev: 06/18/18
5. Sound Level Meter reading – No officer, involved in the enforcement of the
noise ordinance law, shall operate the Sound Level Meter until he or she has
received proper Departmental training on its use.
6. If the violation is part of a chronic disturbance over an extended period of
time following past warnings, the assigned officer may determine the need for
enforcement action without a complaint, or contact with the violator for
warning purposes.
7. To address amplified music from a vehicle, the officer may issue a summons
or make an arrest without a Sound Level Meter. The violation may be
determined by the officer’s personal observation, e.g. hearing and distance.
C. Calibration Sheets
The calibration sheets for the noise meters will be located in the patrol
supervisor’s office, if the sheets are requested for court.
D. Sound Measurement Log
1. A Sound Measurement Log shall be completed when a summons is issued or a
physical arrest is made for a violation of City ordinance 16-8.
2. The completed log shall be forwarded to the Patrol Bureau noise ordinance
supervisor for review and filing.
E. Excessive Noise – Motor Vehicle
When addressing amplified music from a motorized vehicle, officers may issue a
citations without the use of a noise meter and in accordance with City Code Section
16-9 (c), Motor vehicle maximum sound levels; amplified sound from vehicle1

GO 533.01 – Noise Disturbance Calls 3


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 135-00


ANIMAL CONTROL CALLS Date: October 21, 2019
VLEPSC Number: Non-Standard Manual Number: 533.02
Effective Date: Oct. 21, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to provide a procedure for response to calls for service to
enforce animal control laws.

II. DEFINITION
A. Animal Control Officer: A member of the Charlottesville Police Department who has
received state mandated animal control school training or who has been grandfathered
as an animal control officer according to state law. A trained CSO may be assigned,
in emergency circumstances to perform ACO duties.
Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the
city is vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of
Virginia, all ordinances enacted pursuant to that chapter, and all laws for the
protection of domestic animals.

III. PROCEDURE
A. Animal Control Officer (ACO)
The ACO will handle calls for service related to animals and enforce state and local
laws, which regulate animals within the City of Charlottesville.
B. Recall of Animal Control Officer – After Hours, Days off and Holidays.
1. The ACO may be called out by the on duty shift supervisor for the following
situations:
a. Vicious animals which are a direct threat to public health and safety;
b. animals in custody that are injured or sick; and
c. any emergency at the request of the on-duty shift commander.
2. If the ACO is not available for call out, on duty police officers will answer the
following calls:

GO 533.02 – Animal Control Calls


Rev: 10/21/2019
a. Vicious animals which are a direct threat to public health and safety;
b. animal bites - An incident report is required on all animal bites.
Owner of the animal will be required, under state law, to confine the
animal for a ten (10) day period at either the local SPCA or licensed
veterinarian;
c. barking dogs;
d. animals in custody that are dangerous, sick or injured;
i. All other animal in custody calls will be held until the next
regular workday for the ACO or assigned CSO.
ii. Callers with animals in custody will be advised they should
take the animal to the SPCA, detain them until the next scheduled
regular work day, or release the animal.
iii. The call will be referred to the on-duty shift supervisor should
the caller object to holding, releasing or taking the animal to the
SPCA. The on-duty shift supervisor will either have an officer
dispatched or call the complainant themselves. The decision to
transport the animal will be based on the circumstances
surrounding the welfare of the complainant, animal, shift staffing,
and shift call volume.
e. situations deemed appropriate by the on-duty shift supervisor; and
f. in those instances where a police officer takes an animal into custody
the following procedure will be followed:
i. The ACO vehicle will be picked up and used to take the
animal to the SPCA if they are open; and
ii. if the SPCA is closed, the animal will be picked up and placed
in the dog box located in the sally port of the police department.
The animal will be provided with food and water until such time as
the SPCA is open.
C. Rabies
1. Raccoons, skunks, foxes, and bobcats are terrestrial mammals classified as
high risk of being infected with the rabies virus. Opossums, groundhog
(woodchucks) and beavers are also classified as high risk in our geographic area
because raccoon rabies is prevalent throughout the Thomas Jefferson Health
District and these species travel/live among the raccoon population.
2. Wild animals that are defined as high risk and that expose people or domestic
animals should be euthanized and tested. Confinement periods are not applicable
for wild animals because the length of time between rabies virus shedding and
onset of signs has not been established for these animals and such signs may not
be readily recognized.

GO 533.02 – Animal Control Calls


Rev: 10/21/2019
D. Euthanasia of seriously injured/sick wildlife (deer, etc.) or suspected rabid domestic
animals and wildlife (raccoons, etc.).
1. The responding officer will determine the need to euthanize an animal that has
been seriously injured, such as a struck deer, or an animal that is exhibiting
symptoms of rabies (e.g., change in behavior, aggression, problems swallowing,
drooling, difficulty moving or paralysis, and death).
2. If a firearm is needed to euthanize an animal in the absence of an emergency,
the responding officer shall notify and seek permission from the on-duty
supervisor prior to discharging a firearm. The supervisor will review the
circumstances and ensure that a safe shot can be obtained to prevent any
additional danger to the public (e.g., proper backstop, clear target, etc.).
3. Officers will request the .22 cal. rifle from the on-duty supervisor to euthanize
small animals if circumstances permit. Large animals, such as a deer, should be
euthanized with the officer’s duty weapon.
4. Discharge of a firearm to euthanize an animal shall require completion of an
incident report.
E. Disposal of Euthanized Animals
1. If there is a wild animal that has exposed a person or domestic animal, then
the wild animal should be captured and euthanized and submitted to the Health
Department for testing.
2. If exposures are unknown, then the biting wild animal should not be disposed
of until the health department has been notified.
3. If the wildlife is euthanized and there are no exposures identified, then the
animal should be double bagged and disposed of in a dumpster at City Yard.
CPD personnel are responsible for disposal or the coordination of disposal of
euthanized animal (e.g. Public Works)
4. There is a wooden enclosed area around the back of the health department
under the overhang where a refrigerator is kept to house animals needing testing.
The refrigerator is outside of the enclosed area and has a lock. The key to the
refrigerator is kept on the inside of the enclosed area. The combination lock code
on the enclosed area door will be maintained in the Patrol Sergeant’s Office.
Once inside the enclosed area, the key to the refrigerator should be hanging on a
hook on the inside of the door.
5. The health department has staff on call during the weekend and holidays from
9:00 a.m. – 5:00 p.m. to provide guidance. They can be reached by calling (434)
972-6219.

GO 533.02 – Animal Control Calls


Rev: 10/21/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 107-00


JUVENILE MATTERS Date: November 05, 2019
VLEPSC Number: OPR.04.01 thru 04.03 and ADM.25.03 (a) Manual Number: 534.00
Effective Date: 11/05/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department recognizes that juveniles who are in need
of protection, who are in violation of status offenses, and who are charged with
criminal offenses present a significant challenge to this Department, the rest of the
criminal justice system and the community as a whole.
This Department is committed to the development and perpetuation of programs,
which are designed to prevent and control juvenile delinquency. It is the policy of
this Department to task the entire organization with the responsibility to address
this Department’s efforts to reduce and control juvenile delinquency, rather than
to establish a separate unit tasked with the investigation of crimes committed by
juvenile offenders.
II. PURPOSE
The purpose of this directive is to set forth the guidelines and procedures for
officers to follow in handling juveniles who are in need of protection, who are in
violation of status offenses, or who have committed delinquent or criminal acts.
III DEFINITION
A. Child/juvenile: A person who is less than eighteen years of age.
B. Child in Need of Services (CHINS/Services): children whose behavior,
conduct, or condition presents or results in a serious threat to the well-being
and physical safety of the child.
C. Child in need of Supervision (CHINS/Supervision):
1. A child who, while subject to compulsory school attendance, is
habitually absent from school without justification despite intervention
by the school system; or

2. a child who remains away from their family or lawful custodian or


residential care placement without permission and reasonable cause,
1
GO-534.00-Juvenile Matters
Rev. 11/05/19
where such conduct presents a clear and substantial danger to the child’s
life or health.
D. Delinquent Acts: An act designated a crime under the law of this
commonwealth, or an ordinance of any city, county, town or service district,
or under federal law.
E. Status Offender: A juvenile who commits an act that is unlawful only if
committed by a juvenile, such as:
 Possession of tobacco/ alcohol
 Curfew violation
 Runaway
A. GENERAL PROVISIONS
1. The focus of the Juvenile Justice System in the Commonwealth of
Virginia is upon public safety, protection of the rights of victims and the
welfare of the child. The Juvenile Justice System seeks to protect the
child and to correct delinquent behavior while trying to avoid stigmatizing
the child. Toward achieving that goal, law enforcement officers are key
participants. Officer’s should realize that juveniles are different from
adults, and they experience major developmental changes in perception,
processing and reasoning. Officers should take these differences in
account when dealing with youth. The police officer is often the first
person from the justice system that a juvenile encounters. First
impressions are lasting impressions. Firmness, fairness and respect are
key words in describing how officers should deal with juvenile offenders.
2. Officers shall not lie or otherwise deceive a juvenile. Absent of valid
public or officer safety concern, officers shall use the following protocol
when interacting with a juvenile:
a. Introduce yourself;
b. explain to the juvenile why they have been stopped;
c. ensure the juvenile understands whether or not they are free to
leave;
d. if a frisk is deemed necessary based on reasonable grounds that the
juvenile may be armed, the officer will explain to the juvenile what
is taking place and why;
e. if an officer asks for consent to search the juvenile they must
ensure the juvenile understands their right to refuse such a search;
f. the juvenile shall be informed of their right not to answer any
questions or provide you with their identification; and
g. all street stops of juveniles shall be documented on a department
incident based report and reviewed by a supervisor.

2
GO-534.00-Juvenile Matters
Rev. 11/05/19
3. Members of the Department when dealing with juveniles shall determine
the most appropriate means and intervention, which should be based on
either the juvenile’s non-criminal misbehavior (status offenses) or criminal
acts (juvenile delinquency). Officers, after considering the facts available,
shall take such action that is consistent with preserving public safety,
order, the safety and welfare of the juvenile and individual liberty.
Officers dealing with juvenile offenders should use the least coercive
means among reasonable alternatives.
a. A continuum of actions available to the officer is as follows:
i. Release of the offender with no action other than a warning;
ii. recommendations of corrective actions to be taken by agreeing
parents or guardians on a voluntary basis;

iii.voluntary treatment at social service agencies based on


informal referral by the officer; or

iv. referral to the juvenile court system.


b. The following factors should be considered in determining what
action to take:
i. The nature and seriousness of the offense;
ii. the injury to the victim or the victim’s property;
iii. the age and circumstances of the juvenile;
iv. the juvenile’s record, if known to the officer;
v. the sensitivity and attitude of the complainant or victim; and
vi. the availability of local social service programs.
Note: The nature and seriousness of the offense, particularly
when the offense involves violence, may leave an officer with
virtually no discretion regarding what action to take.
A. TAKING A JUVENILE INTO CUSTODY
1. Custody is the legal or physical control of a person. In juvenile matters,
custody occurs whenever an officer takes an action other than immediately
releasing a child with a warning, even if the action is no more than taking
the child home to his parents. Generally, a child may be taken into custody
when the child has committed a delinquent act, or when such custody is in
the interest of the child’s health, safety or welfare. Officers should assume
that juveniles believe they are in custody, where a reasonable adult would
believe they are free to leave.

2. When an officer takes a juvenile into custody, the officer needs to keep in
mind the following provisions:

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a. Whether the juvenile is alleged to have engaged in non-criminal
misbehavior (a status offence) or a criminal act(s);

b. whether the juvenile is alleged to have been harmed or to be in


danger of harm; and

c. ensuring that the constitutional rights of the juvenile are protected.


3. Section 16.1-246 of the Code of Virginia, provides that a child may be taken
into immediate custody:

a. With a detention order issued by the judge, intake officer or the clerk,
when authorized by the judge of the family court, or with a warrant
issued by a magistrate;

b. When a child is alleged to be in need of services or supervision and


there is a clear and substantial danger to the child’s life or health, or
the assumption of custody is necessary to ensure the child’s
appearance before the court;

c. When, in the presence of the officer who makes the arrest, a child
has committed an act designated a crime under the law of this
Commonwealth, or an ordinance of any city, county, town or service
district, or under federal law and the officer believes that such is
necessary for the protection of the public interest;

d. When a child has committed a misdemeanor offense involving


shoplifting in violation of Section 18.2-103, Code of Virginia, assault
and battery, or carrying a weapon on school property in violation of
Section 18.2-308.1 and although the offense was not committed in
the presence of the officer who makes the arrest, the arrest is based
upon probable cause on reasonable complaint of a person who
observed the alleged offense;

e. When there is probable cause to believe that a child has committed


an offense, which if committed by an adult would be a felony;

f. When a law enforcement officer has probable cause to believe that a


person committed to the Department of Juvenile Justice as a child
has run away or the child has escaped from a jail or detention home;

g. When a law enforcement officer has probable cause to believe a


child has run away from a residential, child-caring facility or home
in which the child had been placed by the court, the local department
of public welfare or social services or a licensed child welfare
agency;

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h. When a law enforcement officer has probable cause to believe that a
child has run away from home, or is without adult supervision at
such hours of the night and under such circumstances that the law
enforcement officer reasonably concludes that there is clear and
substantial danger to the child’s welfare;

i. When a child is believed to be in need of inpatient treatment for


mental illness as provided in Section 16.1—340, Code of Virginia.

1. Generally, an officer shall, pursuant to Section 16.1—247:


a. Release a child to a parent, guardian, legal custodian, or other person
standing in loco parentis after a warning is issued, or a promise to
bring the child before the court is received by the officer upon
request; or

b. The officer shall with all practicable speed take the child before a
judge or intake officer, unless the juvenile is in need of emergency
medical treatment; or

c. If an escapee, release the child to the facility from which the child
escaped. The officer assuming custody of the child shall comply
with the respective paragraph of Section 16.1—247, dependant upon
the circumstances of such custody.

2. Nothing in Section 16.1—247 shall prevent a child from being held or


detained for the purpose of administering a blood or breath test to determine
the alcoholic content of the child’s blood where the child has been taken into
custody pursuant to Section 18.2—266.

C. DETENTION OF INTOXICATED OR INJURED JUVENILES


1. If a child is under the influence of alcohol or drugs to the extent that they
cannot control bodily or mental functions, the child shall be taken to a
hospital for treatment, or other appropriate medical attention shall be obtained
for the child prior to placing the child in a detention facility.

2. If the child is injured or in need of emergency medical care, the officer


must first seek medical attention for the child before taking the child to
an intake or detention facility.

D. SUMMONS
1. In most instances, a juvenile will enter the formal intake and/or court
proceedings through the issuance of a petition as provided in Section 16.1—
260 and Section 16.1—263, Code of Virginia. However, in the following
instances, an officer may issue a Uniform Summons in lieu of obtaining a
petition:
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a. Misdemeanor traffic offenses and traffic violations (including motor
vehicle accidents, bicycle violations, pedestrian violations, and
driving or operating a boat in a reckless manner);

b. Simple Possession of marijuana in violation of Virginia Code Section


18.2-250. The Officer must release the juvenile to the custody of a
parent or legal guardian pending the initial court date, issue a
summons to the parent or legal guardian to require them to appear
with the juvenile before the court, serve upon the juvenile (on the
required form) written notice of the right to have the charge referred
to intake, and file a return copy of the served notice with the
juvenile court;

c. Driving or operating a motor vehicle or boat under the influence and


any other alcohol-related misdemeanors. An officer may charge a
misdemeanor violation of Virginia Code Section 18.2-266 or 18.2-
66.1, or 29.1-738(B) for driving a motor vehicle or boat while under
the influence of alcohol or other intoxicant (DUI or DUID) by
summons and may also charge any other alcohol-related
misdemeanor offense by summons. In either situation, the Officer
must release the juvenile to the custody of a parent or legal guardian
pending the initial court date and issue a summons to the parent or
legal guardian requiring them to appear with the juvenile at court;

d. Refusal charges. If a juvenile charged with any violation of Virginia


Code Section 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738
refuses to provide a sample of blood or breath or samples of both
blood and breath for chemical analysis pursuant to Virginia Code
Section 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the refusal
shall be charged on a warrant as required by law. A magistrate is
required by law to then authorize execution of the warrant as a
summons on the juvenile and their parent or legal guardian. The
Officer shall release the juvenile to the custody of a parent or legal
guardian pending the initial court date and serve the summons on
both the juvenile and on the juvenile’ parent or legal guardian to
require them to appear with the juvenile at court;

e. Class 3 or Class 4 misdemeanors such as Curse and Abuse;

f. tobacco-related violations;

g. curfew ordinance violations;

h. littering ordinances violations;

i. animal control ordinance violations; and


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j. game and fish law violations.

E. OBTAINING PETITIONS
1. For non summonsable offenses committed by juveniles that require the
placement of formal charges by a delinquency petition, the Juvenile Court
Intake process will be utilized. The Intake Officer is part of the Court
Services Unit and serves as the magistrate for the juvenile justice system.
The Police Officer handling the incident will first make a determination as
to who should request the intake hearing. In the case of criminal offenses
committed in the Officers presence and past felony offenses where the
Officers investigation determines probable cause exists to obtain a petition
the Officer will schedule an appointment for an intake hearing and present
the probable cause to the Intake Officer. For misdemeanors not committed
in the Officers presence the investigating Officer will first attempt to
determine the identity of the suspect. If the suspect can be identified the
Officer will comlete a juvenile intake referral form. A copy of the form will
be given to the victim of the crime, a copy will be attached to a copy of the
case report and forwarded to the Juvenile Court Intake Office, and the
officer will maintain a copy for their records. The victim will be instructed
by the Officer to call the Court Service Unit to schedule an intake hearing
and will present the referral form to the Intake Officer at the hearing.

F. RUNAWAYS
1. A child who is a runaway from this jurisdiction or a jurisdiction within this
Commonwealth may be taken into immediate custody and returned to his
or her parents or guardian. Such child may be detained under the
supervision of a police officer at the police station while awaiting pickup
by a parent or guardian if the officer is unable to deliver the child to the
custody of the parent or guardian.

2. A child who is a runaway from out-of-state may be taken into immediate


custody. Upon receipt of a teletype or similar documentation stating that
the child is a runaway from another jurisdiction or state, the officer shall
contact an Intake Officer and request to have that child placed in detention
pending the arrival of the parent or guardian.

3. A CHINS/Supervision petition can be considered as an option to bring JDR


Court supervision to runaway juveniles. In addition, immediate shelter care
. can be requested when a runaway juvenile’s parent cannot be located.

G. CHILD IN NEED OF SERVICES OR SUPERVISION


1. When an officer finds that a child is in need of services or supervision and
there is a clear and substantial danger to the child’s life or health, the
officer may take the child into immediate custody and then shall contact
the Social Services Department and request that the child be placed in
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shelter care.

H. NOTIFICATION OF PARENT OR GUARDIAN WHEN A CHILD ID TAKEN


INTO CUSTODY
1. Whenever a child is taken into custody, the officer shall notify the parent or
guardian of the child as soon as possible that the child is in custody, except
that no such notification shall be necessary when a child is briefly taken
into custody to return the child to a parent, guardian, or school and the
purpose of such custody is simply to transport the child to the parent,
guardian or school.

I. CUSTODIAL INTERROGATION
1. In some circumstances, a child’s age can affect how a reasonable person
would perceive his or her freedom to leave.

2. When questioning youth in any custodial situation, the Officer shall


mirandize them as soon as reasonably possible.

3. When possible, the parent or guardian should be present during the


interrogation of the child. The investigating officer shall permit the request
from a parent or guardian, who is present at the child’s interrogation, to
confer in private with their child. In addition, the investigating officer will
honor a child’s request to confer privately with a parent or guardian who is
present at the interrogation.

4. The duration of the interrogation shall be reasonable and police personnel


present should be limited to those assigned to the case and/or whose
technical expertise is required.

5. Before asking a juvenile to waive his rights, the Officer shall make an
assessment whether the youth has diminished capacity.

6. A child shall be advised of his or her constitutional rights prior to a custodial


interrogation. These rights shall be read slowly and clearly, and the Officer
shall ask the youth to repeat back their understanding of their rights. The
Waiver of Rights Form shall be executed prior to interrogation to document
that the rights advisory was given.

7. If special circumstances exist where an Investigator identifies a compelling


reason(s) for a custodial interrogation without contacting the child’s parent
the investigator shall seek the approval of the Commonwealth Attorney’s
Office prior to questioning.

8. The officer conducting the interrogation explains the agencies and juvenile
justice system procedures

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J. JUVENILE RECORDS
1. Juvenile records, including fingerprints and photographs, require special
security and privacy precautions in accordance with Section 16.1—299
through Section 16.1—309.1 of the Code of Virginia. All members shall
adhere to the provisions of the aforementioned statutes when obtaining,
processing, recording, filing or otherwise storing any juvenile records,
photographs or fingerprints of a juvenile charged with any delinquent or
criminal acts.

K. . JUVENILE CURFEW PROCEDURES

1. The curfew ordinance (City Code 17-7) applies to juveniles under the age of
seventeen and between the hours of 12:01 a.m. through 5:00 a.m. Monday
through Friday, and 1:00 a.m. through 5:00 a.m. Saturday and Sunday.

2. Exceptions to the curfew ordinance are:

a. The minor is accompanied by a parent; or


b. the minor is involved in an emergency; or
c. the minor is engaged in an employment activity, or is going to or
returning home from such activity, without detour or stop; or

d. the minor is on the sidewalk directly abutting a place where he or she


resides with a parent; or

e. the minor is attending an activity sponsored by a school, religious, or


civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without
detour or stop; or

f. the minor is on an errand at the direction of a parent, and the minor has
in his or her possession a writing signed by the parent containing the
following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand; or

g. the minor is involved in interstate travel through, or beginning or


terminating in, the City of Charlottesville; or

h. the minor is exercising First Amendment rights protected by the United


States Constitution, such as the free exercise of religion, freedom of

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speech and the right of assembly.

3. Curfew Warnings
a. If the minor has not previously been issued a warning for any such
violation, then the officer shall issue a verbal warning to the minor and as
soon as practicable shall:

b. Release the minor to his or her parent(s); or


c. If a minor refuses to give an officer their name and address, refuses
to give the name and address of his or her parent(s), or if no parent can be
located prior to the end of the applicable curfew hours, or if located, no
parent appears to accept custody of the minor, the minor may be taken to
the police department until such time as they may be taken to a judge
or intake officer of the juvenile court;

d. The Officer shall complete a warning ticket, which should be reviewed


and signed off on by a supervisor. The officer shall label the Field
Contact Card with “Curfew Warning” in the block next to the date/time;

e. The reviewing supervisor shall turn the Warning Ticket into IMS, where
it will be entered into the Field Contact module with “Curfew Violation”
as the “Reason.”;

f. IMS shall enter the card into the Records Management System and create
a “Previous Curfew Warning” alert for the juvenile’s name record in the
RMS;

g. IMS shall send a pre-approved form warning letter to both the child and
parent as required by City Code 17-7. IMS shall scan the letters into a
PDF document and electronically attach to the Child’s name record.

4. Curfew Arrests:
a. If the minor has previously been issued a warning for any such violation,
then the officer shall charge the minor with a violation of this ordinance
and shall issue a summons requiring the minor to appear in court; and as
soon as practicable the officer shall:
i. Release the minor to their parent(s); or
ii. If a minor refuses to give an officer his or her name and address,
refuses to give the name and address of his or her parent(s), or if
no parent can be located prior to the end of the applicable curfew
hours, or if located, no parent appears to accept custody of the
minor, the minor may be taken to a nonsecure crisis center or
juvenile shelter and/or may be taken to a judge or intake officer
of the juvenile court to be dealt with in the manner and pursuant
to such procedures as required by law.
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iii. Officer completes an Incident Report, utilizing Case Report code
902 (Curfew/Loitering/Vagrancy) for the offense.

5. The following is the Charlottesville City Code Sec. 17-7 Curfew for Minors
for easy referernce:

Current City Code


Sec. 17-7. Curfew for minors.
The purpose of this section is to: (i) promote the general welfare and protect the general
public through the reduction of juvenile violence and crime within the city; (ii) promote
the safety and well-being of the city's youngest citizens, persons under the age of
seventeen (17), whose inexperience renders them particularly vulnerable to becoming
participants in unlawful activities, particularly unlawful drug activities, and to being
victimized by older perpetrators of crime; and (iii) foster and strengthen parental
responsibility for children.
(a) Definitions. As used within this section 17-7, the following words and phrases shall
have the meanings ascribed to them below:
Curfew hours refers to the hours of 12:01 a.m. through 5:00 a.m. on Monday through
Friday, and 1:00 a.m. through 5:00 a.m. on Saturday and Sunday.
Emergency refers to unforeseen circumstances, or the status or condition resulting there
from, requiring immediate action to safeguard life, limb or property. The term includes,
but is not limited to, fires, natural disasters, automobile accidents, or other similar
circumstances.
Establishment refers to any privately-owned place of business within the city operated
for a profit, to which the public is invited, including, but not limited to any place of
amusement or entertainment. With respect to such establishment, the term "operator"
shall mean any person, and any firm, association, partnership (and the members or
partners thereof) and/or any corporation (and the officers thereof) conducting or
managing that establishment.
Minor refers to any person under seventeen (17) years of age who has not been
emancipated by court order entered pursuant to Section 16.1-333 of the Code of Virginia,
1950, as amended.
Officer refers to a police or other law enforcement officer charged with the duty of
enforcing the laws of the Commonwealth of Virginia and/or the ordinances of the City of
Charlottesville.
Parent refers to:
(1) A person who is a minor's biological or adoptive parent and who has legal custody
of a minor (including either parent, if custody is shared under a court order or
agreement);
(2) A person who is the biological or adoptive parent with whom a minor regularly
resides;
(3) A person judicially appointed as a legal guardian of the minor; and/or
(4) A person eighteen (18) years of age or older standing in loco parentis (as indicated
by the authorization of an individual listed in part(s) (1), (2) or (3) of this definition,

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above, for the person to assume the care or physical custody of the child, or as indicated
by any other circumstances).
Person refers to an individual, not to any association, corporation, or any other legal
entity.
Public place refers to any place to which the public or a substantial group of the public
has access, including, but not limited to: streets, highways, roads, sidewalks, alleys,
avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office
buildings, transportation facilities and shops.
Remain refers to the following actions:
(1) To linger or stay at or upon a place; and/or
(2) To fail to leave a place when requested to do so by an officer or by the owner,
operator or other person in control of that place.
Temporary care facility refers to a non-locked, non-restrictive shelter at which minors
may wait, under visual supervision, to be retrieved by a parent. No minors waiting in
such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any
stationary object.
(b) It shall be unlawful for a minor, during curfew hours, to remain in or upon any
public place within the city, to remain in any motor vehicle operating or parked therein or
thereon, or to remain in or upon the premises of any establishment within the city, unless:
(1) The minor is accompanied by a parent; or
(2) The minor is involved in an emergency; or
(3) The minor is engaged in an employment activity, or is going to or returning home
from such activity, without detour or stop; or
(4) The minor is on the sidewalk directly abutting a place where he or she resides with a
parent; or
(5) The minor is attending an activity sponsored by a school, religious, or civic
organization, by a public organization or agency, or by another similar organization or
entity, which activity is supervised by adults, and/or the minor is going to or returning
from such an activity without detour or stop; or
(6) The minor is on an errand at the direction of a parent, and the minor has in his or her
possession a writing signed by the parent containing the following information: the name,
signature, address and telephone number of the parent authorizing the errand, the
telephone number where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s) and the hours the
minor is authorized to be engaged in the errand; or
(7) The minor is involved in interstate travel through, or beginning or terminating in, the
City of Charlottesville; or
(8) The minor is exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the right of
assembly.
(c) It shall be unlawful for a minor's parent to knowingly permit, allow or encourage
such minor to violate 17-7(b).
(d) It shall be unlawful for a person who is the owner or operator of any motor vehicle
to knowingly permit, allow or encourage a violation of 17-7(b).
(e) It shall be unlawful for the operator of any establishment, or for any person who is
an employee thereof, to knowingly permit, allow or encourage a minor to remain upon

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the premises of the establishment during curfew hours. It shall be a defense to
prosecution under this subsection that the operator or employee of an establishment
promptly notified the police department that a minor was present at the establishment
after curfew hours and refused to leave.
(f) It shall be unlawful for any person (including any minor) to give a false name,
address, or telephone number to any officer investigating a possible violation of this
section 17-7.
(g) Enforcement.
(1) Minors. Before taking any enforcement action hereunder, an officer shall make an
immediate investigation for the purpose of ascertaining whether or not the presence of an
minor in a public place, motor vehicle and/or establishment within the city during curfew
hours is in violation of 17-7(b).
a. If such investigation reveals that the presence of such minor is in violation of 17-7(b),
then:
1. If the minor has not previously been issued a warning for any such violation, then the
officer shall issue a verbal warning to the minor, which shall be followed by a written
warning mailed by the police department to the minor and his or her parent(s), or
2. If the minor has previously been issued a warning for any such violation, then the
officer shall charge the minor with a violation of this ordinance and shall issue a
summons requiring the minor to appear in court (Ref. Va. Code § 16.1-260(H)(1)), and
b. As soon as practicable, the officer shall:
1. Release the minor to his or her parent(s); or
2. Place the minor in a temporary care facility for a period not to exceed the remainder
of the curfew hours, so that his or her parent(s) may retrieve the minor; or
3. If a minor refuses to give an officer his or her name and address, refuses to give the
name and address of his or her parent(s), or if no parent can be located prior to the end of
the applicable curfew hours, or if located, no parent appears to accept custody of the
minor, the minor may be taken to a nonsecure crisis center or juvenile shelter and/or may
be taken to a judge or intake officer of the juvenile court to be dealt with in the manner
and pursuant to such procedures as required by law. (Ref. Va. Code § 16.1-260(H)(1); §
16.1-278.6; §§ 16.1-241(A)(1)).
(2) Others. If an investigation by an officer reveals that a person has violated 17-
7(c),(d) and/or (e), and if the person has not previously been issued a warning with
respect to any such violation, an officer shall issue a verbal warning to the person, which
shall be followed by a written warning mailed by the police department to the person;
however, if any such warning has previously been issued to that person then the officer
shall charge the person with a violation and shall issue a summons directing the person to
appear in court.
(h) Each violation of this section 17-7 shall constitute a Class 4 misdemeanor.
(Code 1976, §§ 17-10--17-13; 12-16-96, § 1)
Cross references: Penalty for Class 1 misdemeanor, § 1-11.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 136-00


INTERVIEWING JUVENILES AT SCHOOL Date: June 18, 2018
VLEPSC Number: Non-Standard Manual Number: 534.04
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to insure that the investigation of offenses committed both
by and against juveniles is handled as professionally and efficiently as possible and to
integrate both the needs of the police department and the responsibilities of school
officials in meeting that goal.

II. PROCEDURE
A. Interviews of Juveniles, either as victims, witnesses, or suspects in a crime being
investigated by police officers of the Charlottesville Police Department, MAY be
conducted while the child is at school, under the following two circumstances:
1. When the child is a victim or witness in either a child abuse or child sexual abuse
investigation,
a. The officer shall clear the interview with the detective sergeant on
duty.
b. The officer shall notify the principal or other authorized school official
of the appropriate school at least twenty-four (24) hours in advance of the
interview, unless the circumstances do not permit such advance notice.
c. Information about the child abuse investigation will be disseminated
on a “need to know” basis only, and an officer shall not disclose details
about the investigation to school personnel where such disclosure may
interfere with the investigation or is not in the best interest of the child.
d. Where necessary, the officer may request that an interview by
conducted in private without any school official present. [See Va. Code
63.1-248.20]
B. When the child is a victim, witness or suspect in an investigation involving a felony
offense.
1. The officer shall clear the interview with the detective sergeant on duty.

GO 534.04 – Interviewing Juveniles at School 1


Rev: 06/18/18
2. Where possible, the officer shall notify the principal or other authorized school
official of the appropriate school at least one hour in advance of the interview.
3. The officer shall also inform school officials as to the nature of the offense being
investigated, the child’s participation in it, and the circumstances requiring that
the child be interviewed in school.
4. If special circumstances exist where an Investigator identifies a compelling
reason(s) for a custodial interrogation without contacting the child’s parent the
investigator shall seek the approval of the Commonwealth Attorney’s Office prior
to questioning.
5. While the officer shall allow the school to notify a child’s parent or guardian
about the interview, the officer may interview a child suspected of having
committed a felony without the consent of the child's parent or guardian [See Va.
Code 16.1-246].
6. The officer shall allow either a school official or a parent to be present during the
interview if the interview takes place on school property and the parent, guardian,
or school official so requests.

GO 534.04 – Interviewing Juveniles at School 2


Rev: 06/18/18
GO 534.04 – Interviewing Juveniles at School 3
Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 04-01


REPORTING OF CHILD ABUSE AND NEGLECT
Date: June 18, 2018
CASES
VLEPSC Number: Non-Standard Manual Number: 534.02
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It shall be the policy of the Charlottesville Police Department to report all alleged child
abuse and neglect cases to the Department of Social Services Child Protective Services.
Investigations conducted concerning Child Abuse and Neglect cases shall be conducted
in accordance with General Order Number 100-00, Manual Number 530.00,
Investigations—Preliminary and Follow-up.

II. PURPOSE
It is the purpose of this directive to establish policy statements and guidelines for the
reporting of Child Abuse and Neglect cases in compliance with Code of Virginia, § 63.1-
248.3

III. DEFINITIONS
A. Physical Abuse – Physical injury, threat of physical injury, or creation of substantial
risk of death, disfigurement, or impairment of bodily functions, inflicted or allowed to
be inflicted by a caretaker, through non-accidental means.
B. Physical Neglect – Failure to provide food, shelter, clothing or supervision, to the
extent that the child’s health or safety is endangered. (Exception: Condition is one of
poverty and there are no resources available.)
C. Failure to Thrive – Syndrome of infancy and early childhood, characterized by
growth failure, signs of severe malnutrition, and variable degrees of developmental
retardation. Caused by non-organic factors.
D. Medical Neglect – Refusal or failure by caretaker/parent to obtain and/or follow
through with a complete regimen of medical, mental, or dental care for a condition
which, if untreated, could result in illness, incapacitation, or developmental delay.

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E. Mental Abuse/Neglect – Child demonstrates psychological or emotional dysfunction
as a result of a pattern of acts or omissions by a caretaker, which are harmful to
child’s psychological or emotional health or development.
F. Sexual Abuse - Caretaker/Parent perpetrates or permits sexual victimization of child
in violation of Code of Virginia §18.2-61, §67.10 and §18.2-351-371)
G. Intimate Parts – genitalia, anus, groin, breast or buttocks

IV. PROCEDURE
A. Criteria for Physical Abuse:
1. Physical Injury by a caretaker (non-accidental);
2. Threat of Physical Injury by a caretaker (non-accidental); and
3. Substantial risk of severe injury (death, disfigurement or impairment of bodily
functions) (non-accidental).
B. Criteria for Physical Neglect:
1. Supervision inadequate in at least one of the following ways:
a. child left alone inappropriately (other than abandonment);
b. child left with inadequate caretaker;
c. child placed at risk for physical injury, sexual or other exploitation,
status or criminal offenses, or alcohol/drug abuse;
d. child left in situation requiring higher functioning than child is capable
of (physically, mentally and/or emotionally).
2. Abandonment of child (caretaker does not make reasonable effort to provide
for care of child in future)
3. Shelter – inadequate or inappropriate in at least one of the following ways:
a. exposure to weather (e.g. inadequate heat); or
b. conditions in/around home hazardous to health or safety.
4. Food inadequate for health, growth or development
5. Clothing inadequate or inappropriate in at least one of the following ways:
a. inappropriate to weather; or
b. fit of clothes impairs growth or normal activity.
6. Personal Hygiene of child places child at risk for one or both of the following:
a. illness; or
b. social acceptance.
C. Criteria for Failure to Thrive:
1. Diagnosis of failure to thrive has been made by a physician

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D. Criteria for Medical Neglect (ALL OF THE FOLLOWING):
1. Child has medical, dental, or emotional condition which, if untreated, could
result in illness, incapacitation, or developmental delay.
2. Parent/Caretaker fails to provide treatment for child in one of the following
ways:
a. diagnosis for severe symptom (s) is not sought by caretaker/parent;
b. treatment is not obtained or provided by parent/caretaker;
c. cooperation in treatment needed for child’s health is refused by
caretaker/parent; or
d. no religious exemption for child as in good faith under treatment
solely by spiritual means through prayer in accordance with the tenets and
practices of a recognized church or religious denomination (court decision
is required for religious exemption).
E. Criteria for Mental Abuse/Neglect (child demonstrates both of the following):
1. psychological or emotional dysfunction is demonstrated by child;
2. pattern of acts or omissions by caretaker is the cause of child’s psychological
or emotional dysfunction.
(May include caretaker behavior that is rejecting, intimidating,
humiliating, chaotic, bizarre, violent, hostile or excessively guilt
producing. Also over-protection, ignoring, indifference, rigidity, apathy,
chaotic lifestyle, or other behaviors related to caretaker’s own mental
problems.)
F. Criteria for Sexual Abuse (one or more of the following):
1. intercourse of caretaker/parent with child, or permitted between child and
another where this is prohibited by law;
2. cunnilingus, fellatio, annalingus, anal intercourse or inanimate object sexual
penetration perpetrated or permitted by caretaker/parent;
3. fondling with intent to sexually molest, arouse, or gratify any person, in which
caretaker touches or permits another to touch intimate parts (or clothing covering
same) of child, or (2) causes (or permits another to cause) child to touch child’s
own or another person’s intimate parts (or clothing covering same);
4. exposure of child by caretaker age eighteen (18) or over, to sexual parts of
caretaker, with intent to sexually molest, arouse or gratify any person;
5. proposals by caretaker age eighteen (18) or over, with lascivious intent, of any
of the foregoing (i.e. intercourse, cunnilingus, fellatio, annalingus, anal
intercourse, fondling, or exposure as described. Also proposal by caretaker age
eighteen (18) or over, with lascivious intent, that child expose sexual parts to
caretaker); or

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6. prostitution or use in sexually explicit material permitted or encouraged by
caretaker/parent.
G. Reporting Guidelines
1. When an officer encounters an incident that meets the criteria for child abuse
listed above, the officer shall document their findings in a case report. The case
report must be completed and reviewed by a shift supervisor by the end of the
officer’s tour of duty. Reporting officers should not interview child victims unless
extenuating circumstances exist. A department member specifically trained in
interviewing children should conduct this interview.
2. The shift supervisor shall review the case report for completeness, etc.
3. A printed copy of the case report shall be labeled at the top “Confidential-
CPS” and placed in the tray designated for Child Protective Services (CPS)
located in Information and Management Services. An electronic copy may be
forwarded to a Child Protective Services worker in lieu of a paper copy, and all
delivery methods shall be documented in the case report.
4. An employee from CPS will be responsible for calling Information and
Management Services each morning to ascertain whether there are any reports to
be retrieved.

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Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 75-99


CONSTITUTIONAL PROCEDURES Date: January 2, 2020
VLEPSC Number: ADM.02.02 Manual Number: 536.02
Effective Date: Jan. 2, 2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to respect the rights of citizens of
the United States of America as well as visitors and citizens of other countries. In doing
so, members shall not violate these rights, and shall follow professional policing
standards as promulgated within this policy.

II. PURPOSE

The purpose of this policy is to ensure that members of this agency conduct themselves in
accordance with the United States Constitution at all times while they exercise their
lawful duties and responsibilities as established by policy, law, and generally accepted
policing practices. The United States Constitution provides citizens with certain rights
and protections against unreasonable governmental interference or intrusion. Among
those rights secured by the constitution, include those specific to the criminal justice
system as enumerated in the 1st, 2nd, 4th, 5th, and 6th amendments of the United States
Constitution as incorporated against the states through the 14th amendment due process
clause.

III. DEFINITIONS

For the purpose of this directive, the following definitions shall apply:

A. Search: the examination of a person, an item of property, or a place, in order to find


evidence of a crime or other contraband (e.g. search incidental to an arrest, search
with consent, etc.). Such an examination can involve either an intrusion into an area
where a person enjoys a reasonable expectation of privacy or a physical trespass onto
personal or real property. 1

B. Strip Search: an intrusion whereby an arrested person is instructed to remove or re-


arrange some or all of their clothing so as to permit a visual inspection of the genitals,
1
See, Katz v. United States, 389 U.S. 347 (1967), and United States v. Jones, No. 10-1259 (2012).

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buttocks, anus, female breasts or under-garments of such persons for the purpose of
detecting or recovering any evidence, contraband or weapon.

C. Body Cavity Search: the examination of any body cavity other than the mouth for the
discovery of any evidence, contraband or weapon.

D. Seizure (of a person): The United States Supreme Court has defined such a seizure as
the physical acquisition of a person through a means intentionally applied 2, a
submission to a show of authority by an agent of the government or someone acting
at behest of the government 3 , or facts or circumstances that would cause a reasonable
person to believe that they are no longer free to leave 4. However, for purposes of
536.02 a seizure of the person may occur whether the officer intentionally or
unintentionally creates such a circumstance.

E. Seizure (of an article or item): in the same way a person can be detained, personal
property can be taken from a person or otherwise removed from an area where that
person enjoys a reasonable expectation of privacy.

IV. APPLICABLE CONSTITUTIONAL PROVISIONS

A. First Amendment of the Constitution of the United States of America

Congress shall make no law respecting an establishment of religion, or prohibiting


the free exercise thereof; or abridging the freedom of speech, or the press; or the
right of the people peaceably to assemble, and to petition the Government for
redress of grievance.

B. Second Amendment of the Constitution of the United States of America

A well-regulated Militia, being necessary to the security of a free State, the right
of the people to keep and bear Arms, shall not be infringed.

C. Fourth Amendment to the Constitution of the United States of America

The right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall be issued, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.

D. Fifth Amendment to the Constitution of the United States of America

No person shall be held to answer for a capital, or otherwise infamous crime,


unless on a presentment or indictment of a Grand Jury, except in cases arising in
2
See, Brower v. County of Inyo, 489 U.S. 593 (1989).
3
See, California v. Hodari D., 499 U.S, 544 (1991).
4
See, United States v. Mendenhall, 446 U.S. 544 (1980).

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the land or naval forces, on in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offence to be twice in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty or property, without due
process of law; nor shall private property be taken for public use, without just
compensation.

E. Sixth Amendment to the Constitution of the United States of America

In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defense.

F. Fourteenth Amendment to the Constitution of the United States of America

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several States according to their


respective numbers, counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at any election for the
choice of electors for President and Vice-President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male inhabitants of
such State, being twenty-one years of age,* and citizens of the United States, or in
any way abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.

Section 3.

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No person shall be a Senator or Representative in Congress, or elector of
President and Vice-President, or hold any office, civil or military, under the
United States, or under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including
debts incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall be held
illegal and void.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the
provisions of this article.

*Changed by section 1 of the 26th amendment.

V. PROCEDURE

A. Interviews and Interrogations

Interviews and interrogations require Miranda Warnings when a subject in


custody is being questioned.

1. Interview/Interrogations – Juveniles (See also General Order 534.00)

a. The provisions that apply to the interview/interrogation of adults


apply to the interrogation of juveniles with the following additions:

i. In some circumstances, a child’s age can affect how a


5
reasonable person would perceive his or her freedom to leave.

ii. Officers shall make a reasonable effort to notify the child’s


parent or guardian to be present during the interview and/or
interrogation of their child.

5
See, J.B.D. v. North Carolina, 09-11121 (2011).

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iii. The duration of the interview and/or interrogation shall be
reasonable and the police personnel present should be limited to
those assigned to the case and/or those whose technical expertise is
required.

iv. The officer shall explain any applicable police or juvenile


justice system procedures to the child and the child’s parent or
guardian before employing such procedures.

2. Voluntary Statements

a. Sworn personnel taking voluntary statements may use the


Department’s voluntary statement form to assist them in obtaining and
documenting the statement.

b. Voluntary statements may be taped, typed or handwritten by an


officer, the subject, and complainant or witness and shall be maintained
with the case file.

c. Miranda Warnings are required prior to seeking statements from


subjects who are in custodial situations.

d. As in any case where written statements are taken, the person


giving the statement should initial all mistakes and/or corrections and
initial the beginning and end of the entire statement. The
officer/investigator present during the statement will sign the statement as
a witness to its authenticity.

e. It is the policy of the Charlottesville Police Department to video


record all statements taken from persons from whom custodial and non-
custodial interviews are conducted when circumstances permit for such
recording.

3. Miranda Warnings

a. In order to achieve uniformity and ensure that all individuals


receive the standard Miranda Warnings and Waiver, police officers will be
issued cards (“Advisory card”) with the Miranda Warnings and Waiver on
them. A Rights Advisory Form is also available for use.

b. When advising a subject of his/her rights, the rights as set forth on


the Charlottesville Police Department Rights Advisory card or the Rights
Advisory form will be read aloud to the subject.

GO 536.02 – Constitutional Procedures 5


Rev: 01/02/2019
c. The “Waiver” should be read aloud to the subject after the Miranda
advisory warning. In order to secure a waiver, the following questions
should be asked and an affirmative reply received:

i. “Do you understand your rights and are you willing to talk
to us about this case?”

d. After the Miranda rights warning and waiver have been read to the
subject, understood by the subject and the subject wishes to waive his/her
rights, the officer should have the subject sign the “Charlottesville Police
Department Rights Advisory” form.

4. Access to Counsel

Any person who lawfully asserts his right to counsel during any criminal
investigation or proceeding conducted by a member of this Department
shall not be denied that right.

B. Assuring Constitutional Guarantees to Hearing Impaired Persons

1. Officers shall ensure that a qualified interpreter is used in those incidents


where issues of constitutional rights involving hearing impaired persons arise.

a. A telecommunications device (TDD) for the hearing impaired is


located in the Emergency Communications Center. All dispatch personnel
are qualified to operate the telecommunications device

b. Another option is the use of a sign language interpreter requested


through the ECC and UVA.

2. A hearing impaired complainant, victim or arrested subject shall be made


aware that the interpreter will be provided at no expense. The Department shall
be the responsible party in payment for any interpreter that has been requested
prior to trial.

C. Assuring Constitutional Guarantees to Viewing of Government Actions

1. Courts have decided that the United States Constitution, First Amendment
guarantees that any person who wishes to observe, record, photograph, etc. any
government, including police action, may do so to gather and disseminate
information on matters of public concern, to include video-taping, photographing
and otherwise recording the conduct of government actors engaged in their
governmental duties in public places.

2. Courts have further decided that the United States Constitution, First
Amendment, guarantees that every person have access to property in the public

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domain to exercise the freedom of speech, assembly or press and to be secure of
themselves and their property whenever there. 6

3. There are only two limitations to a person observing, recording,


photographing or otherwise documenting government (police) action:

a. No person may engage in any activity, including observing,


recording, photographing, etc. that jeopardizes the safety of any officer,
any others in the vicinity, or any suspect, nor violate the law, or incite
others to violate the law or towards acts of violence.

b. No person may remain illegally upon a premise or location to


observe, record or photograph, etc. The person must have the right to be
present at the location.

4. With this stated, it is noted that persons have a right to observe, record,
photograph, or otherwise document the conduct of government actors engaged in
governmental duties on, but not limited to, the following properties:

a. All public sidewalks, streets, parks, open spaces, etc.

b. Inside public buildings, schools, markets, sporting facilities,

c. Any private property that the public is generally allowed access,


such as but not limited to:

i. Shopping centers

ii. Parking lots,

iii. Access roads,

iv. Apartment buildings.

d. Any private property that the person has approval to be on such as


but not limited to:

i. Common property

ii. Personal property

iii. Invited upon property

iv, Family property.

6
United States Constitution, Fourth Amendment

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5. Officers must be aware that observing, recording, photographing, or
otherwise documenting of officers while on duty or in the course of their duties
includes but is not limited to the following:

a. Patrolling

b. Traffic Stops

c. Detentions

d. Searches

e. Arrests

f. Uses of Force

g. Gathering

h. Conversing with the Public

i. Investigating

6. Officers are expressly prohibited from infringing upon the rights of


persons observing, recording, photographing, etc. in any manner, such as, but not
limited to the following:

a. Blocking or obstructing the person, sight, lens, or device,

b. Discouraging the person in any manner,

c. Intimidating the person through looks, words or actions,

d. Touching the person or disabling the device,

e. Seizing the property for any purpose other than actual evidence,

f. Temporarily holding property and deleting any information,

7. Officers are reminded that there are times that a person may not observe,
record photograph, or otherwise document police activity due to jeopardizing
officers or others safety or otherwise interfere with officers or other first
responders in the performance of their duty. Examples of such situations are:

a. Tampering with a witness by repeatedly instructing or advising


them,

b. Interfering by repeatedly instructing a suspect in a course of action,

c. Inciting or encouraging any person towards violence against


another,

GO 536.02 – Constitutional Procedures 8


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d. Blocking the movement of officers rendering aid or investigating,

e. Blocking the movement of other first responders rendering aid,

f. Contaminating or destroying a crime or accident scene,

8. Officers are further reminded that it is their duty to uphold the absolute
right of any individual to observe, record, photograph, or otherwise document any
police activity, and to not hamper those rights, but advise them how to do so in a
manner that protects their rights and assists those involved in the duties being
performed, for example asking the person to move to a less intrusive location or
to remain quiet.

9. If an officer believes that recordings or photographs potentially contain


actual evidence the following procedure will be followed:

a. A supervisor must be notified

b. Consent should be sought in reviewing or copying any evidence.


This consent must not be coerced implicitly or explicitly and must be
freely and voluntarily given. Where practical such consented should be
documented in some fashion, preferably on video or digitally recorded.

c. If consent is not given, probable cause must exist that the item is,
or contains contraband or evidence of a crime and the exigencies of the
circumstances exist in that either may be easily destroyed if not seized.

i. Such a seizure must be temporary, limited to a reasonable


amount of time, until a search warrant is obtained.

ii. It must be noted that any seizure of a recording device is a


First and Fourth Amendment issue and significantly different than
other evidence as it may contain evidence of police misconduct
and thus a heightened sense of review and justification required for
such seizure.

10. It is further noted that the general public enjoy the same rights as any
media service. No individual needs to present any “press credentials” in order to
exercise his or her right to observe, record or photograph any activity taking place
in accessible area or within view of the general public.

GO 536.02 – Constitutional Procedures 9


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D. Search and Seizures

1. Temporary Detention (“Terry Stop”). Police officers are allowed to stop a


person and detain them briefly for questioning upon a reasonable articulable
suspicion that they may be involved in criminal activity 7

a. Temporary Detention– to lawfully stop an individual, an officer


must be able to articulate reasonable suspicion that the person stopped has
committed, is committing or is about to commit a crime.

i. Reasonable suspicion exists when an officer can articulate


facts sufficient to cause a reasonably prudent person to suspect that
criminal activity is, has or is about to occur. This is a higher
standard than mere suspicion and less than probable cause.

ii. The scope of activities permitted during an investigatory


stop is determined by the circumstances that initially justified the
stop. Pertinent considerations a court will look to in determining
whether an investigative stop is reasonable may include:

1) The amount of force used by police to detain the


individual;

2) The need for such force;

3) The extent to which the individual’s freedom of


movement was restrained; and

4) The duration of the investigatory detention.

b. Grounds for Frisk – An officer must have reason to believe that a


subject who has been stopped is armed and dangerous before the officer is
able to perform a lawful frisk of that subject. An officer need not be
absolutely certain that the individual is armed; the question is whether a
reasonably prudent person in the same circumstances as the officer would
believe that their safety or that of others is in immediate danger. Officers
are entitled to draw reasonable inferences from the facts or circumstances
presented by a particular situation, in light of his/her own past experience
and training. The right to conduct a frisk of a person lawfully detained
requires an independent justification beyond simply the reasonable
suspicion that gave rise to the stop. In other words, an officer must be able
to articulate the basis for their suspicion that the person is armed or poses
a danger to the officer or others.

7
See, Terry v. Ohio, 391 U.S. 1 (1967).

GO 536.02 – Constitutional Procedures 10


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c. Nature of Frisk – the search for weapons must be a limited
intrusion. The scope of the frisk must be designed to discover hidden
weapons or instruments, which might be used to harm the officer. Unless
an officer can articulate an object is immediately apparent as a potential
weapon without manipulation they cannot go further into pockets or
clothing to investigate further.

d. It shall be the policy of the Charlottesville Police Department to


ensure that temporary detentions are properly recorded pursuant to
departmental policy. In those circumstances where the involved officer is
operating a departmental vehicle equipped with a mobile video camera, or
is equipped with a body worn camera, the facts leading up to the stop and
the entire citizen encounter up to the time that the citizen is free to leave or
is turned over to either a transport officer or ACRJ personnel shall be
recorded.

2. Show-Up

a. A show up is a Terry Stop in which a subject is temporarily


detained by law enforcement personnel to permit a complainant or witness
of a crime with the opportunity to view only the detained subject and then
be asked if the detained subject is the perpetrator of that crime.

b. Extreme caution shall be taken to reduce the suggestive nature of


the viewing, thereby reducing the victim or complaint’s possibility of
mistaken identity and/or an allegation of the unconstitutionality of the
show-up procedure.

i. Generally, the complainant or witness should be brought to


the location of the subject’s detention.

ii. The detention should be in the reasonable proximity to the


crime (i.e., time and location) and the subject detained only for a
reasonable amount of time.

iii. If possible, subject should not be viewed in a police vehicle


or be viewed while in handcuffs.

iv. Conversation between officer and complainant/witness


should be out of hearing range of the detained subject.

c. It shall be the policy of the Charlottesville Police Department to


ensure that all show-ups are properly recorded and that a case
report be completed outlining the facts and circumstances that led
to the show-up, the manner in which the show-up was conducted,

GO 536.02 – Constitutional Procedures 11


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and the results of the show-up. Mobile Video Recording equipment
or body worn video equipment shall be used to record the
instructions given to the witness prior to the show-up as well as the
show-up itself.

3. Searches Incident to Arrest

a. A warrantless search of a person and the areas within the


immediate control of such person will be conducted at the time a subject is
placed under arrest or as soon as possible afterwards, dependent on the
totality of the circumstances (e.g. place of arrest, etc.).

b. With regard to searches of a vehicle incident to arrest, officer’s


may search the vehicle of its most recent occupants after an arrest only if it
is reasonable to believe that the arrestee might access the vehicle at the
time of the search, or that the vehicle contains evidence of the offense of
the arrest. 8

4. Strip Searches (Virginia Code 19.2-59.1)

a. No person under custodial arrest for a traffic infraction, Class 3 or


Class 4 misdemeanor, or a violation of a city ordinance, which is
punishable by no more than thirty days in jail shall be strip searched
without an authorizing supervisor’s confirmation that the law enforcement
officer has probable cause to believe that the subject is concealing a
weapon or contraband.

b. Subjects under custodial arrest for a Class 1 or Class 2


misdemeanor, or for any felony, may be strip searched if the arresting
officer reasonably believes the subject is concealing a weapon,
contraband, stolen property or fruits of a crime.

c. All strip searches conducted shall be performed by persons of the


same sex as the person strip-searched and on a premise where the search
cannot be observed by persons not physically conducting the search. The
only exception is that there shall be at least one other officer of the same
sex of the subject being searched present during the search to serve as a
witness.

d. Following a strip search, the arresting officer shall document the


following in the case report:

i. Date, time, and specific location of the search;

8
See, Arizona v. Gant, 556 U.S. 332 (2009).

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ii. Identity of the officer conducting the search and those
present during the search;

iii. A detailed description of the nature, extent, and location of


the search;

iv. Any weapons, evidence or contraband found during the


search; and

v. Use of force, if any.

5. Body Cavity Searches

a. Should visual examination of a suspect during a strip search and/or


other information lead an officer to believe that the suspect is concealing a
weapon, evidence or contraband within a body cavity (excluding mouth),
the following procedures shall be followed:

i. The officer shall consult with a supervisor to evaluate the


existing probable cause that is required to seek a search warrant for
a body cavity search.

ii. An affidavit for the search warrant shall be prepared and


presented to the magistrate or the court.

iii. On the basis of a search warrant, a body cavity search shall


be performed only by a physician or by other medically trained
personnel authorized to do so.

iv. The search will be conducted at a medical facility.

v. The authorized individual conducting a search shall file a


report, to be attached to the search warrant documents. The
witnessing law enforcement officer (same sex as subject of the
search) shall sign that report and comply with case report
information requirements established by IV.H. of this policy.

6. Vehicle Stops

a. It is recognized that whenever a vehicle is stopped for a traffic


violation or suspicion of a crime, the driver of the vehicle is not free to
leave and it is therefore a stop, detention or temporary seizure per this
policy.

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b. During the course of a vehicle stop, all persons inside the vehicle
are presumed stopped for 4th amendment purposes and have standing to
challenge the basis for the stop. 9

c. An officer’s order that the driver of a lawfully stopped vehicle exit


the car applies to any and all passengers as well. 10

d. Where an officer has Reasonable Suspicion to believe that a person


in a lawfully stopped vehicle is armed and dangerous, the officer may
conduct a pat down of the subject without further justification 11

e. The authorized individual conducting the stop shall document the


reasoning either by Field contact card or a case report as described in V.H
of this policy

E. Search/Seizure with Warrant

1. The Fourth Amendment guarantees the right for people to be free from
unreasonable searches and seizures of their homes, person, and things. The
Supreme Court is constantly interpreting the Fourth Amendment as it applies to
police conduct. Illegally seized items of evidence may not be admitted against a
defendant in a criminal case, and thus an otherwise successful prosecution may
fail. Additionally, an illegally conducted search may result in civil suits in both
state and federal court. In order to ensure that a citizen’s Fourth Amendment
rights against an unreasonable search and/or seizure are protected, Charlottesville
police officers will apply for search warrants based on probable cause when
conducting criminal investigations, except in limited situations where exigent
circumstances or other lawful exceptions to the warrant requirement exist.

2. Legal Authority

a. Section 19.2-52 of the Code of Virginia states that a judge or


magistrate may issue a search warrant when

i. There is reasonable and probable cause to do so.

ii. There is a complaint on oath supported by an affidavit.

b. Section 19.2-53 of the Code of Virginia states that search warrants


may be issued for the search of or for specified places, things or persons
and seizure therefrom of the following things as specified in the warrant:

9
See, California v. Brendlin, 551 U.S. 249 (2007). Also see, Arizona v. Jones, 129 S.Ct.781 (2009).
10
See, Wilson v. Maryland, 519 U.S. 408 (1997).
11
See, Arizona v. Johnson, supra.

GO 536.02 – Constitutional Procedures 14


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i. Weapons or other objects used in the commission of a
crime;

ii. Articles or things the sale or possession of which is


unlawful;

iii. Stolen property or the fruits of any crime; and

iv. Any objects, thing or person including documents books,


records, paper or body fluids constituting evidence of a crime.

3. Legal Requirement

a. Affidavit Requirement – Section 19.2-54 of the Code of Virginia


requires that prior to the issuance of a search warrant; an affidavit must be
filed and sworn to before a judge or magistrate. The affidavit must
contain the following information:

i. The specific offense for which the search warrant is to be


used;

ii. A description of the person, place or thing to be searched;

iii. The items to be searched for;

iv. Material facts constituting probable cause for the search.


The officer must be specific in their facts;

v. The officer must have personal knowledge of the facts set


forth in the affidavit or be advised of the facts by an informant.
When using an informant, the officer must establish credibility and
reliability. This is most commonly done by stating the informant’s
past reliability in providing facts that have led to arrests and
convictions.

vi. The magistrates must deliver the affidavit to the Clerk of


the Circuit Court within seven days after the issuance of the search
warrant.

vii. Section 19.2-56 of the Code of Virginia requires that a


copy of the affidavit be attached to the search warrant.

b. Search Warrant Requirement - Section 19.2-56 of the Code of


Virginia defines the following requirements to be listed on the search
warrant:

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i. Location/description of the person, place or thing to be
searched;

ii. The date and time of issuance;

iii. The date and time of execution;

iv. List of property seized. The list of property seized must be


sworn to before a notary public;

v. Execution of the search warrant must take place within


fifteen days after the issuance, or it must be returned to, and voided
by the issuing magistrate or judge; and

vi. Section 19.2-57 of the Code of Virginia requires that the


executed search warrant with list of property seized (or a notation
that no property seized) must be filed in the Circuit Court within
three days after execution excluding Saturdays, Sundays or any
legal federal or state holiday.

F. Home Entries

1. Felony Warrants - Officers may not enter a person’s home to make a


felony arrest without a warrant. Implied in a felony arrest is the right to enter a
home and to conduct a search for the person named in the warrant providing the
following three things exist:

a. The existence of a valid arrest warrant in which the wanted subject has
been named;

b. The address stated on the warrant is the named subject’s address and not
that of a third party; and

c. There is probable cause to believe the named subject is at home at the


time entry is made. 12

While some courts may find that an officer need not have “special knowledge” 13
as to whether the wanted person is, indeed, at home at the time the warrant is
executed, this policy shall require that the officer point to articulable facts to
support a belief that the person is at home at the time entry into the house is made.

The only other means by which officers may enter a person’s home to affect an
arrest is the existence of voluntary consent given by someone who has the actual

12
Payton v New York, 445 U.S. 573 (1980)
13
3 Wayne R. LaFave, Search and Seizure § 6.1 (4th ed. 2004)

GO 536.02 – Constitutional Procedures 16


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or apparent authority to given such consent, or the presence of exigent
circumstances. The severity of an offense does not create exigency.

With regard to entering the home of a third party (i.e. not the subject expressly
named in the warrant), absent exigency or voluntary consent, officers must obtain
a search warrant before entering the home of a third party. An arrest warrant is
insufficient when the subject of the warrant is in a third party’s home. 14

Under no circumstances shall an officer enter the home of a person wanted for a
misdemeanor absent voluntary consent, exigency, or a valid search warrant. 15

2. Limits on Home Curtilage:

The area immediately surrounding and associated with a home is known as the
curtilage. Like the home, it is protected by the Fourth Amendment.

An officer not armed with a warrant may approach a home and knock like any
other person may do. However, the implied invitation to knock does not carry
with it the further authorization to conduct a search while on the property unless
the officer has a valid warrant, voluntary consent, or exigency. 16

3. Canine Sniff of a Home:

The use of a properly trained canine to sniff for contraband within the curtilage of
a home is a search under the Fourth Amendment. As such, the search must be
supported by a valid warrant, voluntary consent, or exigency. The implied
invitation which exists for anyone to knock on someone’s front door does not
authorize officers to bring a properly trained drug-sniffing canine on to the
property to sniff the air while the officer is knocking. 17

G. Search and Seizure without Warrant

All officers should be guided by the general rule that when there is doubt as to the
legality of an impending warrantless search, when time allows, the City of
Charlottesville Commonwealth Attorney’s office should be consulted or a search
warrant should be applied for. With that said, there are several categories where
searches without a warrant have been deemed acceptable:

1. Search Incident to Lawful Arrest

A search incident to lawful arrest does not require issuance of a warrant.


If someone is lawfully arrested, an officer may search the person and any

14
Steagald v. U.S., 451 U.S. 204 (1981)
15
In U.S. v Hall, supra, 4th Circuit found that Payton’s authority applied to the execution of misdemeanor warrants
as well. This policy expressly prohibits such an application.
16
Florida v. Jardines, 133 S.Ct. 1409 (2013)

GO 536.02 – Constitutional Procedures 17


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area surrounding the person that is within reach, or their lunge-able area.
The rationale is that the search is permissible as a protective measure from
weapons or other dangerous instruments to include devices used to remove
restraints. (See, Chimel v. California, 395 U.S. 752 (1969).

2. Plain View Exception

No warrant is required to seize evidence in plain view if an officer is


legitimately in the location from which the evidence can be viewed. For
example, an officer cannot illegally enter a suspect’s back yard and then
use the plain view exception to seize illegally growing marijuana. But, if
on the premises to answer a call for service the officer sees the marijuana
plants in plain view, they can rightly be seized. After securing said
location a search warrant should be obtained for further searching.

3. Consent Search

If consent is given by a person reasonably believed by an officer to have


authority, and mental capacity, to give such consent and the consent is not
coerced, no warrant is required for a search or seizure. For example if a
suspect is asked if their person, or property under their control, may be
searched, even lacking any probable cause, and receive consent, the search
may take place. If consent is removed the search would have to stop
immediately. Factors to consider in voluntariness are:

a. The number of officers present at the time of consent;

b. The subjective state of mind, intelligence and age of the consenting


person (including the individual’s knowledge of his right to refuse to
consent; however, the voluntariness of a person’s consent does not depend
on his having been specifically informed of his right to refuse);

c. The length of any detention involved. (See, Illinois v. Rodriguez,


497 U.S. 177 (1990).

4. Temporary Detention

Police may stop a suspect for investigative purposes so long as there is a


reasonable suspicion of a criminal act. The evidence necessary for
reasonable suspicion is more than mere suspicion, but is less than the level
required for probable cause. If there is reason to believe that the person
may be armed and dangerous, the police can also frisk the suspect. Also
see section C.1 above. (See, Terry v. Ohio, 392 U.S. 1 (1968).

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5. Automobile Exception

Because vehicles are highly mobile, a warrant is not required in most


circumstances. Any vehicle may be searched without a warrant if there is
probable cause to believe that evidence, instrumentalities, etc. are present
in the vehicle, unless the securing of a warrant is reasonably practicable.
(See, Carroll v. United States, 267 US. 132 (1925).

6. Hot Pursuit

While in the course of the pursuit of a suspect, if an officer sees evidence


of a crime, it may be secured and seized. Furthermore, if a suspect enters
private property while being pursued by an officer, no warrant is required
to enter that property in order to continue pursuit, even if the suspect is in
no way connected with the property owner, and anything that is seen while
in pursuit may be seized.

7. Abandoned Property

Any property left alone and abandoned with no one claiming ownership is
considered abandoned and may be searched.

8. Open Fields

Search and seizure laws cover real and personal property, such as homes,
business, papers, and vehicles, as well as a person; however, it does not
cover open fields. If an officer is legally present in such a field and
locates evidence, contraband or other it may be seized.

9. Special Needs Searches

Workplace searches that are conducted for the purpose of determining


administrative rule or policy violations, as opposed to violations of
criminal law, are an example of a Special Needs Search. Special Needs
Searches of this kind require reasonable suspicion of workplace
misconduct, but do not require a search warrant. 18

Such searches must be reasonable at the inception, and reasonable as to


scope. Workplace searches conducted during the course of an Internal
Affairs Investigation for the purpose of uncovering a violation of policy
must, absent exigent circumstances, be approved by the Chief of Police or
his/her designee.

18
See, O’Connor v. Ortega, 480 U.S. 709 (1987), and City of Ontario v. Quon, 560 U.S. _____ (2010).

GO 536.02 – Constitutional Procedures 19


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Another example of a Special Needs Search is vehicle check-points or
road blocks. These are typically regulatory in nature.

Drunk/Impaired driving road-blocks are Constitutional as long as they are


conducted according to pre-set guidelines which limits discretion and
arbitrariness of officers involved with respect to which vehicles are
stopped. 19

It shall be the policy of the department not to conduct drunk/impaired


driving road-blocks without the authority of the Chief of Police and
without approval of an operational plan that is consistent with generally
accepted policing practices and whatever guidance and direction, if any is
provided by the Virginia State Police, the Virginia Department of
Transportation, and/or the Highway Safety Administration.

Roadblocks that are conducted for general crime control are run afoul the
United States Constitution and are prohibited. 20

Information road blocks are Constitutional 21, but it shall be the policy of
the department that any such road blocks must be preceded by an
operational plan that sets out both the purpose and staffing requirements
and must be approved by the Chief of Police.

10. Administrative

Businesses that are regulated by the government, such as nursing homes,


restaurants, power plants, etc., as well as other property under regulatory
authority may be subject to administrative searches and inspections,
without a warrant. For the most part, these types of searches are
considered “Special Needs” searches and are not intended to be
investigatory in nature. In the event such a search produces a police
response, evidence or contraband may be secured and seized. To the
extend such a search provides probable cause to believe further
investigation will result in evidence of a crime, an application for a search
and seizure warrant shall be required.

11. Border Searches

Although rarely used by a municipal officer, a search may be conducted to


any person or article coming across the international border into the

19
Michigan v Sitz, 466 U.S. 444 (1990).
20
See, Indianapolis v. Edmond, 531 U.S. 32 (2000) (Road blocks conducted for the purpose of drug interdiction
held to be unconstitutional since the purpose behind such road blocks is general crime control and not highway
safety).
21
See, Illinois v. Lidster, 540 U.S. 419 (2004) (Informational road block that sought assistance of motorists in the
area of a hit and run fatality held to be Constitutional.)

GO 536.02 – Constitutional Procedures 20


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United States without any probable cause or suspicion for various reasons
pertaining to sovereignty and security (see Title 19 § 1581 of the United
States Code. 12).

12. Inventory Search

An officer may secure personal property contained in an impounded


vehicle, or off an arrested person as part of a caretaking responsibility.
This type of search is called an inventory search and is for the purpose of
taking inventory of and securing personal effects. An inventory of
personal property at the time of a person’s arrest is an inventory similarly
allowed to be conducted without a warrant.

13. Exigent Circumstances

Exigent circumstances are emergencies that a reasonable exemption may


apply. Some of these are:

a. Evanescent searches- This may allow police to make a


warrantless search of both people and residences when the
evidence is considered fleeting and may disappear after a short
period of time.

b. Securing and searching of people- officers must have


probable cause to arrest a subject, although they haven’t done so
yet, and must reasonably believe the subject is destroying other
evanescent evidence, e.g. caked blood under fingernails.

c. Securing and searching of a residence- police can enter


without a warrant when they have reasonable cause to believe that:

i. Evidence of a crime is about to be or is being


destroyed;

ii. People inside are in imminent danger of death or


grievous bodily harm and a delay would further endanger
them;

iii. Dangerous materials (e.g. explosives) inside are


imminently likely to kill, seriously injure, or destroy
property;

iv. Weapons inside will be used to kill or seriously


injure unless they are seized immediately.

H. Conducting Searches

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1. According to state, federal and case law, officer(s) may not use a search
warrant to conduct a search that goes beyond the parameters of the requested
search. Basically, an authorized search must cease once the property being search
for is found

2. When executing a search warrant, the person searched or owner of the


place searched or thing to be searched must receive a copy of the search warrant
with the affidavit attached.

3. A search warrant for premises does not necessarily authorize a search of a


person(s) at the residence unless specially specified in the warrant.

I. No-knock Entry to Search

1. There can be certain incidents when police officers executing a search


warrant(s) may have to exercise the no-knock rule when entering premises. The
practice of using the no-knock entry is authorized by certain recognized
exceptions to the standard warrant execution procedure.

2. When using no-knock entry, an officer shall have reasonable suspicion to


believe that announcing his/her presence would:

a. Lead to destruction of evidence.

b. Pose a danger to the officer or someone else.

c. Aid in suspects escaping.

J. Reasonable Suspicion Temporary Detention and Consent Search Reporting


Requirements

1. Whenever a person is stopped based on reasonable articulable suspicion or


probable cause and property is not seized, the reasonable suspicion or probable
cause must be fully articulated in a case report, reported via UTS, or otherwise
recorded in a FCC (Field Contact Card)/warning ticket.

2. Whenever property is seized or the person is arrested as a result of


detention, a case report must be completed.

a. If the seized property involves a person observing, recoding or


photographing, the responding police a supervisor must include a
supplement which clearly articulates his or her evaluation as to the
officer’s basis for the stop and the seizure of any property.

3. All contacts and calls shall be properly recorded in accordance with this
policy and cleared through ECC with the appropriate disposition code.

GO 536.02 – Constitutional Procedures 22


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4. Temporary Detention/Consent Searches

a. ALWAYS require a case report

i. Offense 1 will always be the offense that you were


investigating that led to the stop/stop and frisk, or solicitation for
consent to search.

ii. Offense 2 will be one of the following

1) 980- stop without search or frisk: for suspicion of a crime


as explained in the case report

2) 981- stop with search or frisk: for suspicion of a crime as


explained in the case report

iii. The narrative must articulate the officer’s reasonable


suspicion leading to the stop/frisk/search and the events
surrounding the incident.

iv. The reviewing supervisor and shift commander shall ensure


that the facts and circumstances provided by the officer meet the
requisite legal standard prior to approving and further processing
the report.

v. The Sensitive Data Specialist, Field Operations Division


Commander, along with the shift lieutenants and to the extent
possible, a representative from the Commonwealth’s Attorney’s
office, shall conduct an inspection of all such reports at least once
a quarter. Those reports which have failed to meet the requisite
legal standard shall be returned to the approving supervisor for
explanation, investigation, and appropriate remedial training or
disciplinary action as deemed appropriate.

vi. A report shall be submitted by the Sensitive Data Specialist


to the Chief of Police with respect to all reasonable suspicion
based stops, detention data, and consensually based searches.

b. Police and Sheriff’s departments must comply with VA code 15.2-


1722 which states:

15.2-1722. Certain records to be kept by sheriffs and chiefs of police.

It shall be the duty of the sheriff or chief of police of every locality to


ensure, in addition to other records required by law, the maintenance of
adequate personnel, arrest, investigative, reportable incidents, and
noncriminal incidents records necessary for the efficient operation of a

GO 536.02 – Constitutional Procedures 23


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law-enforcement agency. Failure of a sheriff or a chief of police to
maintain such records or failure to relinquish such records to his successor
in office shall constitute a misdemeanor. Former sheriffs or chiefs of
police shall be allowed access to such files for preparation of a defense in
any suit or action arising from the performance of their official duties as
sheriff or chief of police. The enforcement of this section shall be the duty
of the attorney for the Commonwealth of the county or city wherein the
violation occurs.

i. For purposes of this section, the following definitions shall


apply:

"Arrest records" means a compilation of information, centrally


maintained in law-enforcement custody, of any arrest or temporary
detention of an individual, including the identity of the person
arrested or detained, the nature of the arrest or detention, and the
charge, if any.

"Investigative records" means the reports of any systematic


inquiries or examinations into criminal or suspected criminal acts
which have been committed, are being committed, or are about to
be committed.

"Noncriminal incidents records" means compilations of


noncriminal occurrences of general interest to law-enforcement
agencies, such as missing persons, lost and found property,
suicides and accidental deaths.

"Personnel records" means those records maintained on each and


every individual employed by a law-enforcement agency which
reflect personal data concerning the employee's age, length of
service, amount of training, education, compensation level, and
other pertinent personal information.

"Reportable incidents records" means a compilation of complaints


received by a law-enforcement agency and action taken by the
agency in response thereto.

5. Vehicle Stops

a. If the vehicle stop is based on a traffic violation and no ticket is


issued the stop shall be documented on a Warning Ticket.

i. The Warning Ticket shall contain: the Reasonable


Suspicion leading to the stop, the date, time and location, and the

GO 536.02 – Constitutional Procedures 24


Rev: 01/02/2019
personal identifiers of the driver, to include sex, race, DOB and DL
or SSN.

ii. A Warning Ticket is not required if the stop results in the


issuance of a traffic summons or arrest.

b. If the vehicle stop is based on reasonable suspicion related to the


officer’s investigation of a crime, (i.e. matches suspect identifiers, etc.) an
IBR is required for documenting the reason for the stop.

GO 536.02 – Constitutional Procedures 25


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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 74-99


ARREST WITH & WITHOUT WARRANT –
ALTERNATIVES TO ARREST Date: June 18, 2018

VLEPSC Number: ADM.02.02 & ADM.02.03 Manual Number: 536.03


Effective Date 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Making an arrest, taking the liberty from an individual, is the most serious constitutional
action an officer can undertake. Officers shall exercise legally sound law enforcement
judgement in making an arrest whether based upon a valid arrest warrant or upon
probable cause.

II. PURPOSE
The purpose of this order is to define the authority of officers to arrest, and the
mechanism for making an arrest.

III. DEFINITIONS
A. Arrest – an individual has been arrested when he/she is not free to go, whether or not
formal words of arrest are used. An arrest constitutes a seizure of the person for
Fourth Amendment purposes. The Fourth Amendment requires probable cause to
arrest. The test, in interviews or stops of persons, for whether an arrest has occurred is
whether a reasonable person under the circumstances of the encounter would have felt
free to leave.
B. Probable Cause – probable cause exists when the facts and circumstances within an
officer’s knowledge and of which he had reasonably trustworthy information are
sufficient to cause a prudent person to believe that an offense has been or is being
committed. Probable cause has come to mean more than mere suspicion, but less
evidence that would justify judicial conviction.
C. Reasonable Suspicion – such suspicion that will justify an officer, for Fourth
Amendment purposes, in stopping a defendant in a public place is quantum of
knowledge sufficient to induce a police officer, under normal circumstances, to
believe criminal activity is at hand. It must be based on specific and articulable facts,
which, taken together with rational inferences from those facts, reasonably warrant
intrusion.

GO 536.03 – Arrest With/Without Warrant – Alternatives to Arrest 1


Rev: 06/18/18
D. Authorized Official – For the purpose of this order an authorized official refers to a
judge or clerk of the circuit court, general district court, juvenile and domestic
relations district court and any magistrate that has the authority to issue warrants.

IV. PROCEDURE
A. There are two ways for an officer to effect an arrest:
1. With a warrant
2. Without a warrant
B. Arrest With a Warrant
1. Who may issue a warrant is defined in section 19.2-71 of the Code of
Virginia.
a. Any authorized official has the authority to issue process for the arrest
of any person charged with a criminal offense.
2. When a warrant may be issued is defined in section 19.2-72 of the Code of
Virginia.
a. An authorized official may issue an arrest warrant in two ways:
i. on a complaint to an authorized official that a subject has
committed a criminal offense and the authorized official finds
probable cause that the crime had been committed and the subject
committed the alleged crime; or
ii. when an authorized official suspect that an offense punishable
other than by fine has been committed, he/she may, without a
formal complaint, issue a summons for witnesses. If after
examining witnesses he/she finds probable cause, the officer shall
issue a warrant of arrest.
b. Contents of an Arrest Warrant
The officer/investigator shall ensure that the warrant to be served has the
following information before the warrant is executed:
i. directed to an appropriate officer;
ii. names the accused or if unknown, a description by which the
accused can be identified;
iii. describes the criminal offense with reasonable certainty;
iv. commands the accused to be arrested; and
v. is signed by the issuing officer.
3. Magistrate Issuance of Summons instead of Warrant in Certain Cases as
defined in section 19.2-73 of the Code of Virginia

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a. In any misdemeanor case the issuing authorized official may issue a
summons instead of a warrant when there is a reason to believe that the
person charged will appear in court.

C. Arrests Without a Warrant


1. A police officer may arrest a person without a warrant when a person commits
a crime in the presence of the officer. Further, a police officer may arrest any
person whom the officer has probable cause to believe committed a felony not in
the officer’s presence.
2. In addition, an officer may arrest a person without a warrant when the
officer’s personal investigation supports probable cause to the charge, including
information from eyewitnesses, in the following circumstances:
a. at the scene of any accident, or at any hospital or medical facility to
which any person involved in such accident has been transported;
b. apprehension of any person charged with the theft of any motor
vehicle on any highway in the Commonwealth of Virginia;
c. persons charged with a crime in another jurisdiction upon receipt of
photocopy of the warrant, telegram, computer printout, facsimile printout,
a radio transmission, telephone or teletype message all with accurate
description of suspect;
d. misdemeanor not committed in the officer’s presence when the officer
receives a radio message from their Department or other law enforcement
agency within the Commonwealth of Virginia that a warrant for such
offense is on file; and/or
e. specific crimes when arrest is based upon probable cause upon a
reasonable complaint of the person who observed the alleged offense:
i. shoplifting
ii. carrying a weapon on school property
iii. assault and battery
iv. brandishing a firearm in violation of 18.2-282
v. destruction of property in violation of 18.-137 when such
property is located on a premises used for business or commercial
purposes
vi. assault and battery of a family or household member, in
violation of a stalking protective order or a violation of a family
abuse protective order
f. Every law enforcement officer having probable cause to believe that a
domestic assault and battery has occurred MUST make an arrest (unless
there are special circumstances that would dictate another course of action
other than an arrest). After determining probable cause for an arrest, the

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officer has no discretion and will arrest on their own authority, even if the
victim of the assault declines or refuses to press charges. The officer must
(1) file a written report with the Department, (2) in every case where an
arrest under this section has been made the officer must petition for an
emergency protective order, (3) even if no arrest is made, if the officer has
probable cause to believe that a danger of acts of family abuse exists, the
officer shall petition for an emergency protective order.
3. In those cases in which a defendant must be brought before a magistrate is
defined in 19.2-74 of the Code of Virginia
a. DUI and Commercial Vehicle DUI (Sections 18.2-266, 46.2-341.24
and 46.2-341.31, respectively);
b. Drunk in Public (Section 18.-388);
c. Remaining at a place of riot or unlawful assembly (Section 18.2-407).
D. Issue a Summons in Lieu of Arrest/Confinement
1. An Officer may release individuals on a summons in the following
circumstance:
Person detained or in custody for a violation of a Class 1 or 2 misdemeanors that
was committed in the presence of the arresting officer.
2. Officers shall release individuals on a summons in the following
circumstance:
Any Person who has been detained or is in custody for committing a Class 3 or 4
misdemeanors in the presence of the officer.
3. Exceptions to the Release of a Person on a Summons:
a. when the subject refuses to discontinue the unlawful act;
b. if the arresting officer believes that the person is likely to disregard the
summons;
c. if there is a reason to believe the subject could cause injury to himself
or others, or
d. if the person refuses to give a written promise to appear in court then
they shall be taken before the magistrate.
E. Distribution of Copies of Virginia Uniform Summons
1. The following copies of the Virginia Uniform Summons will be distributed
accordingly:
a. Arresting officer issues summons
i. Page 1 – Court Copy
ii. Page 2 - DMV Copy
iii. Page 3 - Defendant’s Copy

GO 536.03 – Arrest With/Without Warrant – Alternatives to Arrest 4


Rev: 06/18/18
iv. Page 4 – Information and Management Services Copy
v. Page 5 - Officer’s Copy
vi. All copies except for the officer’s copy are turned in to the shift
supervisor for review and forwarding to Information and
Management Services.
b. Information and Management Services
i. Information and Management Services shall send the Court
Copy, DMV copy and the Information and Management Services
copy to the Clerk of the Court.

F. Alternatives to Arrest/Pre-arraignment Confinement


1. Under certain circumstances police officers may be faced with situations
where an arrest and pre-arraignment confinement will not present an adequate
solution to the problem. When these situations arise, officers may elect to
exercise certain alternatives such as the issuance of summonses, referral to a
social service agency or simply a warning. Some examples of alternatives to
arrest/pre-arraignment confinement may include:
a. mentally or emotionally disturbed persons;
b. domestic situations where counseling may be appropriate in
accordance with the Code of Virginia;
c. juvenile offenders;
d. transient persons who need shelter, food, etc.;
e. certain misdemeanor cases.
G. Informal Handling of Criminal Matters
Police officers often deal with situations where the interests of all people concerned
may better be served by a referral to a social institution or a crisis/professional
agency. Persons can be referred to these agencies when in the judgement of the
officer; a better solution to the problem will be achieved.
H. Use of Warnings as an Alternative to Arrest
1. The use of a warning can sometimes provide a satisfactory solution to a
problem and may enhance the public perception of the Department. Normally,
the use of a warning occurs in traffic offenses, but occasionally may be applied to
minor criminal offenses. In determining if a warning should be issued the officer
should consider:
a. the seriousness of the offense;
b. the likelihood that the violator will heed the warning; and
c. the reputation of the violator, i.e. known repeated offender, have they
received previous warnings, etc.

GO 536.03 – Arrest With/Without Warrant – Alternatives to Arrest 5


Rev: 06/18/18
2. All verbal warnings shall be documented on Department issued warning
tickets.
I. Less than Probable Cause
1. On occasion an officer will experience a situation in which their arrestee may be
required by law to be released. On occasion further facts and evidence may develop
during the arrest or investigation that either negate or diminish an officer’s probable
cause. An example may be that the initial evidence obtained rising to the level of
probable cause to affect the arrest diminishes to mere suspicion. In situations such as this
the arresting officer shall release the subject immediately, notify a supervisor and
document the incident on a case report.

GO 536.03 – Arrest With/Without Warrant – Alternatives to Arrest 6


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to third party claims.
Violations of this directive, if proven, can only form the basis of a complaint by the Charlottesville Police Department
and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 01-10


LIMITED ENGLISH PROFICIENCY (LEP) Date: November 14, 2019
VLEPSC Number: ADM.02.02 Manual Number: 536.04
Effective Date: Nov. 14, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department (CPD) to take reasonable steps to
provide timely, meaningful access for persons with Limited English Proficiency (LEP) to
the services and benefits the CPD provides in all CPD conducted programs or activities.
All CPD personnel shall provide free language assistance services to LEP individuals
whom they encounter or whenever an LEP individual requests language assistance
services. CPD personnel will inform members of the public that language assistance
services are available free of charge to LEP persons and that CPD personnel will provide
these services to them. It is important for all department members to become fully aware
of the language assistance resources that are available to assist them in providing services
to LEP persons.

II. PURPOSE
The Charlottesville Police Department recognizes the importance of effective and
accurate communication between its personnel and the community in which they serve.
Language barriers can impede effective and accurate communication in a variety of ways.
Language barriers can sometimes inhibit or even prohibit individuals with limited
English proficiency (LEP) from accessing and/or understanding important rights,
obligations, and services, or from communicating accurately and effectively in difficult
situations. Hampered communication with LEP victims, witnesses, alleged perpetrators,
and community members can present the CPD with safety, evidentiary, and ethical
challenges. Ensuring maximum communication ability between law enforcement and all
segments of the community serves the interests of both.

The purpose of this General Order is to establish effective guidelines for departmental
personnel to follow when providing services to, or interacting with, individuals who are
LEP consistent with federal law prohibiting national origin discrimination, including
Title VI of the Civil Rights Act and implementing regulations.

GO 536.04 Limited English Proficiency 1


Rev- 11/14/19
III. DEFINITIONS

A. Primary Language: means the language in which an individual most effectively


communicates. The CPD personnel should avoid assumptions about an individual's
primary language. For example, not all individuals from Central America speak Spanish
fluently. Instead, some Central Americans may claim an indigenous language as their
native tongue. CPD personnel will make every effort to ascertain an individual's primary
language to ensure effective communication.

B. Limited English Proficiency: designates individuals whose primary language is not


English and who have a limited ability to read, write, speak, or understand English. LEP
individuals may be competent in certain types of communication (e.g., speaking or
understanding), but still be LEP for other purposes (e.g., reading or writing). Similarly,
LEP designations are context-specific: an individual may possess sufficient English
language skills to function in one setting, but these skills may be insufficient in
understanding complex terms used in law enforcement. In educational environments
ESL, or English as a Second Language, is often the more commonly used terminology.

C. Interpretation: is the act of listening to a communication in one language (source


language) and orally converting it to another language (target language) while retaining
the same meaning.

D. Translation: is the replacement of written text from one language (source language) into
an equivalent written text in another language (target language) while retaining the same
meaning.

E. Bilingual: refers to the ability to speak two languages fluently and communicate directly
and accurately in both English and another language.

IV. PROCEDURE
Department members will make reasonable efforts to ensure that police services are
provided or accessible to LEP persons.

A. Identifying Individuals who need Language Assistance

1. Employees who have contact with LEP persons during the delivery of police services
shall immediately attempt to identify the primary language of the LEP person.

a. Use language identification cards (e.g., “I Speak Cards") which invite LEP
persons to identify their language needs to staff. CPD officers and other
employees who may have contact with LEP persons will carry language
identification cards. An example of such a card from the US Census Bureau
is available on the internet at:

http://www.usdoj.gov/crt/cor/Pubs/ISpeakCards.pdf

GO 536.04 Limited English Proficiency 2


Rev- 11/14/19
b. If the LEP person's language cannot be identified using the cards, employees
should access telephonic interpretation services using the procedures
described below.

c. If relatives, friends, acquaintances or neighbors are present with the subject,


inquire as to the primary language of the LEP person. However, family
members, neighbors, friends, acquaintances, bystanders, and children
generally should not be used for interpretation.

2. Employees will take reasonable measures to assist LEP persons.

B. Procedures for Accessing Interpretation Services and Types of Language Assistance


Available

1. CPD Personnel Requesting Interpretation Services - CPD personnel in the field in


need of interpretation services will attempt to identify the LEP individual's primary
language through the use of the language I Speak card or other appropriate means and
will immediately contact the Charlottesville-Albemarle-University of Virginia
Emergency Communications Center (ECC) by radio or telephone and ask that access
be granted to a contracted telephone interpretation service (i.e. Language Line)

C. Responding CPD Personnel Responsibilities:

1. Exigent Circumstances: CPD personnel are expected to follow the general procedures
outlined in this Directive; however exigent circumstances may require some
deviations. Often times Police Officers and Police Investigators have a need to
further an investigation in a timely fashion to ensure safety, prevent the loss of
evidence, or intervene in ongoing criminal activity. In these situations it may not be
practical to delay speaking with suspects or witnesses or schedule in advance a
certified interpreter. In these instances it is permissible for Police personnel to use the
most reliable, temporary interpreter available, such as bilingual police personnel or
other bilingual individuals present to obtain vital information or to further an
investigation. Such statements should be carefully documented so as to insure there
admissibility in a court of law.

2. Family, Friends and Bystanders: Barring exigent circumstances family, friends, or


bystanders should generally not be used to interpret as this could easily result in a
breach of confidentiality, a conflict of interest, or an inadequate interpretation.
Minor children should not be used to provide interpreter services barring exigent
circumstances.

3. Authorized or contracted In-Person Interpretation Services: Authorized or contracted


in-person interpretation services shall be available to CPD personnel when interacting
with LEP individuals. While this service is available to all CPD personnel, it is best
suited for investigative units operating under non-emergency situations, such as
witness interviews and criminal interrogations. Supervisory approval is required

GO 536.04 Limited English Proficiency 3


Rev- 11/14/19
prior to engaging the services of a contracted or certified interpreter. A list of
authorized or contracted interpreters will be updated by the Administrative Services
Bureau Commander and retained in Information and Management Services (IMS).
IMS personnel will be the central conduit for connecting personnel in the field to an
appropriate interpreter after receiving proper supervisory approval. Only Language
Line, Virginia Supreme Court certified, and Internal Rescue Committee interpreters
are authorized to interpret for the CPD. Only translators certified to translate by the
American Translators Association (ATA) are authorized to translate for the CPD. In
situations where exigent circumstances exist, personnel are to use the most reliable,
temporary interpreter available, such as bilingual CPD personnel or other bilingual
individuals. However, once an exigency has passed, all personnel are expected to
revert to the general procedures in this Directive.

4. Accessing Authorized or Contracted In-Person Interpreters: CPD personnel who


believe they need this service will consult with an on-duty supervisor. If the
supervisor concurs, the supervisor will contact IMS. The supervisor approving the
request will provide IMS personnel with the investigative officer's name, contact
number, and exact location where the interpreter is needed. The use of this service
shall be included in the officer’s incident report or supplement report.

5 IMS Responsibilities: IMS, at the direction of the police supervisor, will contact the
authorized or contracted in-person interpreter service, relay all information, and
provide the location where the interpreter is needed. IMS personnel will obtain an
estimated time of arrival for the interpreter before ending the call and notify the
officer/investigator.

6 Upon Arrival of the Authorized or Contracted in-Person Interpreter: Upon the arrival
of the interpreter, the officer/investigator will verify or examine the interpreter's
identification. The officer/investigator shall record the interpreter's name and
company affiliation, if any, on the investigative report along with the interpreter's
arrival and departure times.

Once the interpreter is prepared, CPD personnel will ask all questions through the
interpreter. It is the officer’s responsibility to develop and ask any questions. Under
no circumstances will an interpreter independently question a LEP individual. The
interpreter's role is to serve as a neutral third party, taking care not to insert his or her
perspective into the communication between the parties.

7 Conflict of Interest/Bias of Interpreter: If the officer/investigator believes that there is


any conflict of interest with the assigned interpreter, bias, or any other reason why the
interpreter should be recused, the officer/investigator shall consult with his/her
supervisor and the supervisor will decide if another interpreter is warranted. If this
should occur, the supervisor will forward a memorandum to the departmental LEP
Coordinator identified below for appropriate follow-up and review.

GO 536.04 Limited English Proficiency 4


Rev- 11/14/19
D. Interrogation, Interview, and Complaints

1. Criminal Interrogations and Crime Witness Interviews: These scenarios potentially


involve statements with evidentiary value upon which a witness may be impeached in
a court of law. As such, accuracy is a priority. Moreover, a failure to protect the
rights of LEP individuals during arrests and interrogations presents risks to the
integrity of the investigation.

2. CPD personnel must recognize that miscommunication during interrogations or crime


witness interviews may have a substantial impact on the value of such evidence
presented in any related criminal prosecution. When practical, an authorized or
contracted interpreter shall be the preferred method used for any taking of a formal
statement where the suspect or witness' legal rights must be protected.

3. Notwithstanding the above, it is recognized that the interview and interrogation of an


experienced criminal suspect is a delicate issue that requires an experienced and
trained law enforcement officer’s direct involvement. In such cases if an officer who
speaks the language of the suspect is available they may be used so long an
investigative supervisor approves and the session is audio and video recorded and
made part of the case file.

4. When exigent circumstances require personnel to obtain information quickly and


circumstances do not allow time to schedule an interpreter, personnel will be mindful
of the need to carefully document any statements obtained through whatever means
are readily available to the Investigating Officer. Documentation should include the
identity of the person providing the interpretation.

5. Miranda warnings, and all other vital written materials, will be available to the suspect
or witness in his or her primary language. In the case of a language into which forms
have not been translated and in the case of illiteracy, forms will be read to the suspect
or witness in English by an officer and interpreted by a language line or contracted
interpreter.

6. Complaint Procedures for LEP Persons: Any LEP individual who wishes to file a
complaint with CPD regarding language access, or the discharge of an employee’s
duties, shall be provided with the translated Citizen Complaint Form and such
complaints will be investigated in accordance with CPD General Order 517.01
(Internal Investigations and Citizen Complaints). Complaint Forms shall be available
in Spanish and other languages as appropriate. Contracted in-person interpretation
services will be utilized when conducting any interviews of LEP complainants or
witnesses.

E. Notifying the Public about CPD's Language Services

1. Signage: In the CPD building lobby, notice shall be posted in the most commonly
spoken languages stating that interpreters are available free of charge to LEP

GO 536.04 Limited English Proficiency 5


Rev- 11/14/19
individuals. The CPD shall also maintain translated written forms and documents for
LEP individuals as identified above. A list of these documents and forms along with the
available languages will be maintained by the Administration Division. Notification of
the availability of translated forms and documents wll be posted in the public lobby to
inform LEP persons of available forms. In the case of illiteracy or languages into which
written materials have not been translated, such forms and documents will be read to
LEP individuals in their primary languages.

2. Commanding Officer Responsibilities: The commanding officer of each Division,


Bureau, Section, or Unit of the CPD with direct public access shall ensure that the
signage is posted and visible to the general public.

F. Training: Language Assistance Policy

1. LEP Policies: The CPD will provide periodic training to personnel about CPD's LEP
policies, including how to access telephonic and in-person interpreter services. The CPD
shall conduct such training for new recruits during their orientation or field training
program, as part of an in-service training session, and at roll call for officers at least every
two years. In-service and/or roll call training shall initially be conducted within 90 days
of the effective date of this Directive.

GO 536.04 Limited English Proficiency 6


Rev- 11/14/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 30-99


DIPLOMATIC IMMUNITY AND RIGHTS OF
Date: June 18, 2018
FOREIGN NATIONALS
VLEPSC Number: ADM.02.04 Manual Number: 536.10
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department will comply with all instructions of the U.S. State
Department relating to the arrest and detention of foreign nationals, deaths of foreign
nationals, the appointment of guardians for minors or incompetent adults who are foreign
nationals, and related issues pertaining to the provision of consular services to foreign
nationals with whom we come in contact in this country.

II. PURPOSE
The purpose of this directive is to establish guidance for members who come in contact
with foreign nationals or subjects claiming to be foreign nationals.

III. PROCEDURE
A. Requirements pertaining to foreign nationals:
1. When foreign nationals are arrested or detained, they must be advised of the right
to have their consular officials notified.
2. In some cases, the nearest consular official must be notified of the arrest or
detention of a foreign national regardless of the national’s wishes. The list of
countries which require mandatory notification of consular officials in the event
that one of their citizens has been arrested is extensive. The State Department
may be contacted for guidance. To determine the foreign national’s country, in
the absence of other information, you may assume that this is the country whose
passport or other travel documents the foreign national has.
3. Consular officials are entitled access to their nationals in detention, and are
entitled to provide consular assistance.
4. When a government official becomes aware of the death of a foreign national,
consular officials must be notified.

GO 536.10 – Diplomatic Immunity and Rights of Foreign Nationals 1


Rev: 06/18/18
5. When a guardianship or trusteeship is being considered with respect to a foreign
national who is a minor or incompetent, consular officials must be notified.
B. Diplomatic immunity from arrest or detention
1. Upon exhibiting proof of diplomatic immunity, persons shall be released upon
being stopped for a misdemeanor traffic violation. If questions arise about this
procedure, if an arrest for a felony is necessary, or to confirm the status of a
diplomat or consul, contact the U.S. State Department during daytime hours at
(202) 647-1727 or on nights and weekends, the Diplomatic Security duty officer
can be reached at (571) 345-3146 or 1-866-217-2089
2. While a person claiming diplomatic immunity may present any number of
identification papers, the only one that is indicative of the level of privilege and
immunity is a card issued by the U.S. State Department. The holder’s level of
immunity will be indicated on the card. If a person claiming immunity does not
possess this card and the incident involves a criminal offense, officers may detain
the person either at the scene or at the department long enough to verify official
status.
3. When encountering a criminal suspect who claims diplomatic immunity, officers
shall first take reasonable measures including pat downs or other legal searches to
ensure safety to the public or other officers. Verification of the diplomatic status
claim shall take place after a danger has been neutralized. A criminal
investigation will proceed as if no valid diplomatic immunity claim has been
made. Interviews, interrogations, seizures of evidence, or issuance of warrants
shall proceed per Department procedure. In a criminal investigation, the Chief of
Police, or his/her designee, shall remain in contact with the State Department.
C. Suggested statements to arrested or detained foreign nationals:
1. When Consular notification is at the foreign national’s option:
• “As a non-United States citizen who is being arrested or detained, you are
entitled to have us notify your country’s consular representatives here in the
United States. A consular official from your country may be able to help you
obtain legal counsel, and may contact your family and visit you in detention,
among other things. If you want us to notify your country’s consular officials,
you can request this notification now, or at any time in the future. After your
consular officials are notified, they may call or visit you. Do you want us to
notify your country’s consular officials?”
2. When Consular notification is mandatory:
• “Because of your nationality, we are required to notify your country’s
consular representatives, here in the United States, that you have been arrested
or detained. After your consular officials are notified, they may call or visit
you. You are not required to accept their assistance, but they may be able to
help you obtain legal counsel and may contact your family and visit you in
detention, among other things. We will be notifying your country’s consular
officials as soon as possible.”

GO 536.10 – Diplomatic Immunity and Rights of Foreign Nationals 2


Rev: 06/18/18
3. Fax forms for notifying the Consulate of the foreign national will be available
in Investigations and the Shift Supervisors’ Office. Information on how to
obtain a translator is available at Information Management Services.

GO 536.10 – Diplomatic Immunity and Rights of Foreign Nationals 3


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 39-99


INVESTIGATIONS INVOLVING PUBLIC INTOXICATION Date: June 18, 2018
VLEPSC Number: Non-Standard Manual Number: 536.15
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to provide guidelines to members of the Department for
investigations involving Code Section 18.2-388, “Profane Swearing and Intoxication in
Public...” wherein the subject of the investigation is ill, injured or unconscious
Police Officers are always accountable for the actions they take. With this in mind
members of the Department are reminded that when a severely intoxicated person is
taken into custody, the officer is responsible for that person’s safety and welfare until
they are released from that officer’s custody.

II. PROCEDURE
A. When the subject of a public intoxication investigation is intoxicated to a degree that
the investigating officer believes the subject may cause harm to himself/herself or
others, the investigating officer will follow the procedures of arrest as follows:
1. Arrest of the extremely intoxicated subject for his/her safety;
a. In those investigations where a person is found in to be extremely
intoxicated he or she may be arrested for their safety and protection;
b. The arrested and intoxicated subject should be transported to the
Albemarle – Charlottesville Magistrate’s Office;
c. When an intoxicated subject is brought to the Magistrate’s Office, the
officer should place the arrested and intoxicated subject in a temporary
holding cell outside the magistrates office unless the cell is to capacity. In
that instance, intoxicated persons may be detained in the police van inside
the sally port unless conditions make it unsafe to do so;
d. After completing the required warrant application at the Magistrates
Office the officer shall make sure that the Magistrate has issued a
commitment order. The ACRJ will not accept an arrested person who
does not have an accompanying Magistrate’s Commitment Order;

GO 39-99 – Investigations Involving Public Intoxication – 536.15 1


Revised: 06/18/18
e. After the warrant application procedure has been finalized the arrested
subject shall be transferred to and lodged in the ACRJ.
B. Injuries and Unconsciousness
1. Persons who are found to be ill or injured may require immediate medical
attention, but those persons found unconscious shall receive immediate medical
attention. Officers will request the assistance of the rescue squad when
investigating an incident:
a. Where a subject is found to be in need of immediate medical attention
due to illness or injury, or
b. When any subject is found to be unconscious.
2. If an injury occurs to an intoxicated person during transport the officer shall either
request the assistance of a rescue squad unit or transport the injured person
directly to medical treatment.
Note: If the intoxicated subject is under arrest and has already received
a Commitment Order from the Magistrate, ACRJ personnel will respond
to the hospital and take custody of the arrest. If the Magistrate has not
issued a Commitment Order, jail personnel will not respond to the
hospital location.
3. The transporting officer shall immediately notify a supervisor if an injury occurs
during the transport. All transporting injuries require the completion of an
Incident Case Report to record the precise details of the occurrence that caused
the injury
C. Use of Handcuffs
1. Officers may use their discretion as to whether or not to use restraints when
transporting an intoxicated person. It should be noted that intoxicated persons are
more susceptible to injury due to the impairment of their motor functions.
2. The ACRJ requires all arrested person to be properly handcuffed when brought
into the jail.

GO 39-99 – Investigations Involving Public Intoxication – 536.15 2


Revised: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: General Order Number: 0036-99


PROCESSING OF PRISONERS Date: November 12, 2019
VLEPSC Number: Non-Standard Manual Number: 536.05
Effective Date: 11/12/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
To provide an interim procedure for processing prisoners using LiveScan at the
Albemarle Charlottesville Regional Jail.

II. DEFINITION:

LiveScan -LiveScan is the inkless capture of fingerprints using a computer appliance that
automatically transmits the fingerprint and associated information to Central Criminal
Records Exchange in Richmond. The system provides an automated response from
CCRE as to the identification of the submitted fingerprints.

III. PROCEDURE
A. Arrested persons needing to be processed should be transported to the Albemarle
Charlottesville Regional Jail.
B. The arresting officer should fully fill out an arrest report.
1. This report will be given to jail personnel to use to collect data for the LiveScan.
2. If LiveScan is unavailable, A CCRE form (SP180) shall be completed, to include
the capture of fingerprints, and submitted to Information Management Services.
C. Jail personnel will process the prisoner including taking of a photograph and
fingerprinting using LiveScan
D. The arresting officer and prisoner will appear before the magistrate for purposes of a
bond hearing.
E. If the arrested person is committed to the jail the prisoner will be turned over to jail
personnel.
F. If the magistrate releases the arrested person during the bond hearing the transporting
officer will provide the person transportation back to the point of arrest or other
mutually agreeable location in the city.

GO 536.05 – Processing of Prisoners 1


Rev: 11/12/19
G. The departments LiveScan can also be utilized for arrests that do not require a
transport to Albemarle County Regional Jail. The departments LiveScan is located in
the processing room of the police department and is behind a locked door. Access is
granted to sworn officers who have been trained in the use of the Livescan.
H. The arrest report entered into the Records Management System will be reviewed by
their supervisor who will make any needed corrections.
I. Information and Management Services will enter the arrest and clear any warrants on
the basis of the information in the arrest worksheet.
1. The ten print card generated by LiveScan will be forwarded to Forensics.

GO 536.05 – Processing of Prisoners 2


Rev: 11/12/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 131-00


ARREST RECORDS AND PROCESSING Date: June 20, 2019
VLEPSC Number: ADM.25.08 Manual Number: 536.07
Effective Date: 06/20/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The department documents all arrests for criminal violations.

II. PURPOSE
The department collects information, including fingerprints, photographs and general
data about each person arrested. This information forms the basis of criminal histories
and documents the activities of the department. The department will comply with all
Federal, State and Local regulations governing an arrest and it's documentation.

III. DEFINITIONS
A. RMS - Records Management System. The RCIN utilizes a computer software and
hardware program for all the police reports/records generated by the police
department. It also allows participating agencies to share a local area network where
most criminal report information can be stored and managed.
B. VUS - Virginia Uniform Summons
C. CCRE - Central Criminal Records Exchange of the Virginia State Police
D. FBI - Federal Bureau of Investigation.
E. ACRJ - Albemarle Charlottesville Regional Jail.
F. Arrest - For the purpose of this general order, arrest means the placing of criminal
charges against a person, adult or juvenile. Arrest may result in taking into custody
or may be handled by summons in accordance with Virginia Code Section 19.2-74.
G. RCIN - Regional Criminal Information Network. The Charlottesville, Albemarle and
University of Virginia Police Departments and the Albemarle-Charlottesville
Regional Jail have entered into an agreement creating the RCIN. Its primary purpose
is the management of a regional RMS.

GO 536.07 – Arrest Records and Processing 1


Rev: 06/20/19
H. IMS – Information and Management Services, the records keeping and data entry
portion of the Charlottesville Police Department.

IV. PROCEDURE
A. Arrest Documentation and Processing - Adult Custody
1. Information and Management Services will create and maintain criminal history
records on each person arrested by or for the Charlottesville Police Department.
2. Every arrest for a criminal charge will be entered into the department's
computerized Records Management System. Any paperwork documenting such
arrest will also be filed in Information and Management Services area.
3. Persons taken into custody will be transported to the ACRJ processing center.
Exceptions may be made under the following conditions:
a. Arrestee requires immediate medical attention. In this case medical
attention will not be delayed. Arrangement for bond hearing will be made
with the magistrate. Processing will be done at first court appearance.
b. Mass Arrest. In these cases the Shift Commander will be responsible
for coordinating processing and bond hearings.
4. Members will document custodial arrests of adults by completing a digital arrest
worksheet that is located within the departments records management system
(RMS). In some instances, a hardcopy arrest worksheet (Form RCIN 3) will be
completely instead of a digital copy. In instances where the RMS system may be
inoperable, a hardcopy arrest worksheet will be completed and later re-entered
into the RMS as soon as practical. If the arrest is for a Part A offense, the arrest
worksheet entry will either supplement an existing report or it will accompany a
new incident report.
5. Information and Management Services will conduct a search of the department's
records for an existing OCA number. The arresting officer will make a
determination about the arrestees’ identity and its match to existing records.
6. If no record is found a new OCA number will be created.
7. The IMS staff will also conduct a warrant check of local, state and national files.
The officer will be notified of the results.
8. This procedure is explained in the Information and Management Services
Procedure Manual Section VIII. A copy of the procedure is available from any
bureau member or the IMS supervisor.
9. All persons taken into custody for a Part A offenses (See attached list) must be
processed. Persons in custody for Part B offenses may be processed if committed
to the ACRJ. The arrestee will be processed by the ACRJ staff. Persons too
intoxicated, too violent or refusing to be processed will be presented to the
magistrate and processed by the ACRJ staff before release.
a. Fingerprinting

GO 536.07 – Arrest Records and Processing 2


Rev: 06/20/19
i. Fingerprints will be taken utilizing the "Live Scan" equipment
at the processing center. This system creates an automated
submission of fingerprints and data to the CCRE and FBI.
ii. Palm Prints must be taken in cases of murder, robbery,
felonious assault and burglary. They may also be taken in other
instances where partial print analysis may lead to the resolution of
the case.
b. Photographing
i. A digital identification photograph will be taken electronically
and attached to the master name file in the RMS. Care should be
taken to insure a good quality image. Hats, scarves, extremely
large items of jewelry or any other item that would obstruct the
face and neck or would distract the viewer should be removed
from the subject. The subject should hold their head up straight.
Tilting to the side should be avoided. Extreme facial expression
should also be avoided.
ii. The processing officer will photograph any scars, marks and
tattoos that would not be covered by short pants on men and short
pants and a tank top style shirt on women. The officer will not
assist in the removal of any clothing for photographing. Removal
of even outer garments must be completely voluntary and should
never expose any area that is not in compliance with this directive.
Scars, marks and tattoos that are not visible under these guidelines
should be described in the appropriate notes section.
10. The arrestee will be presented to the Magistrate, via video conferencing, for a
bond determination.
a. Persons that are bonded will be returned to a location within the city
that is agreeable to the officer and arrestee.
b. Persons committed to jail will be turned over to the staff of the ACRJ.
B. Arrest Documentation and Processing - Adult Summons
1. Members may release arrestees on a summons in accordance with Virginia Code
Section 19.2-74.
2. Release on summons for on view arrests will be done on a Virginia Uniform
Summons.
3. Release on summons by warrant service will be documented by a digital arrest
worksheet within the departments RMS. The subject will be summonsed by
execution of the appropriate portion of the criminal process being served.
Warrants for Part A offenses that are summonsable at the officers discretion will
not require processing at the time of arrest.
4. Officers should do a warrant check through IMS on all subjects prior to release on
summons.

GO 536.07 – Arrest Records and Processing 3


Rev: 06/20/19
5. Processing of individuals released on summons shall be done after conviction.
6. The Telephone Reporting Unit will do post-conviction processing.
a. Fingerprinting will include:
i. Completion of a CCRE Form SP-180
ii. Completion of one FBI fingerprint card.
b. Photographing will be done following the previously mentioned
guidelines.
C. Distribution of Forms.
1. Top (white) Copy of CCRE SP-180 goes to the IMS where it will be filed.
2. Yellow (middle) Copy will be forwarded to the court for reporting of disposition.
3. Bottom (fingerprint card) Copy will be forwarded to CCRE by IMS.
4. The FBI fingerprint card will be forwarded to the Department’s Forensics Unit.
D. Arrest Documentation and Processing - Juvenile Custody
1. All custodial arrests of juveniles will be documented by an incident case report
within the RMS and a digital arrest worksheet. These reports should include the
following information:
a. Parent or guardian of juvenile
b. The contact from Juvenile & Domestic Relations Court
c. To whom the juvenile was released or to where the juvenile was
committed.
2. Juveniles taken into custody on Part A offenses will be transported to the
Charlottesville Police Department for processing.
a. Processing will include the completion of a CCRE Form SP-180 and
two FBI fingerprint cards.
b. Palm Prints must be taken in cases of murder, robbery, felonious
assault and burglary. They may also be taken in other instances where
partial print analysis may lead to the resolution of the case.
c. A digital identification photograph will be taken electronically and
attached to the master name file in the RMS. Care should be taken to
insure a good quality image. Hats, scarves, extremely large items of
jewelry or any other item that would obstruct the face and neck or would
distract the viewer should be removed from the subject. The subject
should hold their head up straight. Tilting to the side should be avoided.
Extreme facial expression should also be avoided.
d. The processing officer will photograph any scars, marks and tattoos
that would not be covered by short pants on men and short pants and a
tank top style shirt on women. The officer will not assist in the removal of
any clothing for photographing. Removal of even outer garments must be

GO 536.07 – Arrest Records and Processing 4


Rev: 06/20/19
completely voluntary and should never expose any area that is not in
compliance with this directive. Scars, marks and tattoos that are not
visible under these guidelines should be described in the appropriate notes
section.
E. Arrest Documentation and Processing - Juvenile Summons
1. Members may release juveniles on a summons in accordance with Virginia Code
Section 19.2-74.
2. Release on summons for on view offenses will be done on a Virginia Uniform
Summons. For criminal offenses, an incident case report is also required.
Criminal Offenses are not traffic offenses. Traffic offenses are generally found in
Title 46.2 of the Virginia Code or other similar city ordinance and do not require
an incident report.
3. Officers should do a warrant check through IMS on all juvenile subjects prior to
release on summons.
4. The processing of juveniles released on summons will be done by the Albemarle
Sheriff's Office after a court finding of delinquent.
F. Distribution of Forms - Juvenile.
1. Top (white) Copy of CCRE SP-180 goes to the IMS where it will be placed into
the juvenile specific file.
2. Yellow (middle) copy and bottom (ten print card) copy will be forwarded to the
Juvenile & Domestic Relations court.
3. One FBI fingerprint card will be forwarded to the court.
4. The second FBI fingerprint card and major case prints will be forwarded to the
Forensics Section for inclusion into the juvenile fingerprint files.
5. Any Polaroid identification photos will be forwarded to the IMS. They will be
placed into the juvenile specific albums located on the juvenile file shelf.
6. Upon receipt of a disposition that is other than delinquent, all records related to a
specific charge will be removed from their respective files and destroyed.

GO 536.07 – Arrest Records and Processing 5


Rev: 06/20/19
OFFENSE GROUPS LISTING

The following is a list of Group A and Group B Offenses as defined by RMS Standards. Use this listing as a guideline to help
you determine when an arrest or warrant should be linked to an incident report. Please remember that any warrant or arrest for
Group A offenses require it to be linked to an incident report. Group B offenses do not require an incident case report, but our
Department has policy on writing reports for certain Group B Offenses, If the Group B arrest or warrant is linked to an incident
report, you should note such when entering for department records

GROUP A

Arson Robbery
Assault Offenses Sex Offenses, Forcible
Aggravated Assault Forcible Rape
Simple Assault Forcible Sodomy
Intimidation Sexual Assault with an Object
Bribery Forcible Fondling
Burglary/Breaking & Entering Sex Offenses, Non-Forcible
Counterfeiting/Forgery Incest
Destruction/Damage/Vandalism of Property Statutory Rape
Drug/Narcotic Offenses Stolen Property Offenses (Receiving., etc.)
Drug/Narcotic Violations Weapons Law Offenses
Drug Equipment Violations
Embezzlement
Extortion/Blackmail
Fraud Offenses
False Pretenses/Swindle/Confidence Game GROUP B
Credit Card/Automatic Teller Machine Fraud
Impersonation Bad Checks
Welfare Fraud Curfew/Loitering/Vagrancy Violations
Wire Fraud Disorderly Conduct
Gambling Offenses Driving Under Influence
Betting/Wagering Drunkenness
Operating/Promoting/Assisting Gambling Family Offenses, Non-violent
Gambling Equipment Violations Liquor Law Violations
Sports Tampering Peeping Tom
Homicide Offenses Runaway
Murder & Non-Negligent Manslaughter Trespass on Real Property
Negligent Manslaughter All Other Offenses
Justifiable Homicide
Kidnapping/Abduction
Larceny/Theft Offenses
Pocket-Picking
Purse-snatching
Shoplifting
Theft from Building
Theft from Coin-Operated Machine or Device
Theft from Motor Vehicle
Theft of Motor Vehicle Parts or Accessories
Motor Vehicle Theft
Pornography/Obscene Material
Prostitution Offenses
Assisting or Promoting Prostitution

GO 536.07 – Arrest Records and Processing 6


Rev: 06/20/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 10-02


TRESPASSING ENFORCEMENT Revised: December 2, 2020
VLEPSC Number: Non-Standard Manual Number: 536.08
Effective Date:12/02/20
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY

It is the policy of the Charlottesville Police Department to accept designations from private
property owners, identifying the Charlottesville Police Department (“CPD”) as “a person
lawfully in charge of property” for the purpose of prohibiting an individual from trespassing on
private property, after having been forbidden to do so by the deignating private property owner.
Every such designation must be in writing and on file with CPD.

II. PURPOSE
The purpose of this policy is to provide members of the Charlottesville Police Department with
guidelines for enforcing trespass violations that occur on private property. Adherence by police
personnel to predetermined guidelines for the enforcement of trespass violations on private
property are necessary to protect property and serve the interests of public safety and welfare.

III. DEFINITIONS AND ENABLING LEGISLATION


A. Private Property Trespass Enforcement Letter - A written document signed by an owner,
lessee, custodian or other person lawfully in charge of property identified in such document,
designating the City of Charlottesville Police Department as a “person lawfully in charge” of
that property.
B. Relevant Virginia Code Sections – Code of Virginia §18.2-119 and §15.2-1717.1.
1. §18.2-119 (Trespass after having been forbidden to do so; penalties).
If any person without authority of law goes upon or remains upon the lands, buildings or
premises of another, or any portion or area thereof, after having been forbidden to do so,
either orally or in writing, by the owner, lessee, custodian, or the agent of any such
person, or other person lawfully in charge thereof, or after having been forbidden to do
so by a sign or signs posted by or at the direction of such persons or the agent of any
such person or by the holder of any easement or other right-of-way authorized by the
instrument creating such interest to post such signs on such lands, structures, premises or
portion or area thereof at a place or places where it or they may be reasonably seen, or if

GO 536.08 – Trespassing Enforcement 1


12/03/2020
any person, whether he is the owner, tenant or otherwise entitled to the use of such land,
building or premises, goes upon, or remains upon such land, building or premises after
having been prohibited from doing so by a court of competent jurisdiction by an order
issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6,
16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-
152.10 or an ex parte order issued pursuant to § 20-103, and after having been served
with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be
construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.
C. Relevant City Code provisions
Pursuant to authority granted within Virginia Code § 15.2-1717.1, the City Council has
enacted an ordinance allowing the designation of the Police Department as a “person
lawfully in charge of property” for the purpose of forbidding individuals from going or
remaining on private property.
1. City Code, Section 20-11 (Designation of police to enforce trespass violations).
The chief of police may accept a designation by the owner, lessee, custodian, or person
lawfully in charge as those terms are used in Va. Code §18.2-119, of real property located
within the city, designating the Charlottesville Police Department as a "person lawfully in
charge of the property" for the purpose of forbidding another to go or remain upon the
lands, buildings or premises of the owner as specified in the designation. Any such
designation shall be in writing and shall be kept on file with the Charlottesville Police
Department. The chief of police shall promulgate rules, regulations and/or a procedure for
the acceptance and use of such designation.
2. City Code, Sec. 17-25 (Trespass, generally)—this local ordinance is similar to the
provisions of Va. Code 18.2-119, referenced above in Paragraph III.B.

IV. PROCEDURE
A. Request for Police to Accept Designation to act as a “Person Lawfully in Charge”
1. The owner, lessee, custodian or other person in charge of private property may, in
writing, designate the Charlottesville Police Department as a “person lawfully in charge of
the property” for the purpose of forbidding another to go or remain upon the lands,
buildings or premises specified in the written designation. For purposes of this policy, the
designation is referred to as a “Private Property Trespass Enforcement Letter”, or simply
as a “designation”.
2. Upon receipt of a Private Property Trespass Enforcement Letter, the letter will then be
sent through the chain of command to the Field Operations Division Commander. The
Commander will review the request. CPD will give consideration to accepting these
designations when there is a significant public safety interest that will be served.
a. The Field Operations Commander may accept or reject any proposed
designation, in their sole discretion. If approved, the letter signed by the
Field Operations Commander will be given to Information Management
Services to be kept on file.

b. If rejected by the Field Operations Commander, the proposed designation will

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12/03/2020
be marked “Rejected” and returned to the requesting party.

3. The original signed copy of the Private Property Trespass Enforcement Letter will be
maintained on file in Information Management Services. A copy of each designation
accepted and signed by the Field Operations Commander will be:
a. Forwarded to the Police Records Specialists for entry into the records
management system. Once entered into the system, the record will indicate an
alert on the property that is the subject of the designation, with a confirmation
that a designation letter is on file; and

b. Maintained on file within Information Management Services (IMS), with the


IMS Supervisor serving as the custodian of the original signed record, and
electronic copies thereof. The IMS Supervisor will ensure that (i) the designation
letters are verified annually through follow-up contact with the person(s) who
signed each original designation letter, and (ii) that the Police RMS system is
updated. Records Specialists are notified regarding any changes that are made as a
result of the annual verification
process, or at other times.

B. Police Enforcement of Trespass Violations


1. Arrests (summons)—CPD officers may arrest individuals for criminal trespass in
violation of Va. Code 18.2-119 (or City Code 17-25), by issuing a summons for a Class 1
misdemeanor violation. This law enforcement authority exists independently of
whether CPD has been designated as a person lawfully in charge of the premises on
which the trespass has occurred.
a. Arrests must be based on probable cause that an individual, without
authority of law, has gone upon, or remains upon, land, a building, or
other premises, after having been forbidden to do so by an owner, lessee,
custodian, or other person lawfully in charge of such premises. See Va.
Code 18.2-119.

c. Examples of circumstances that may provide a basis for probable cause


include: no-trespass signs posted in accordance with Va. Code §18.2-119, and
an officer’s knowledge that a Court Order has been issued to prohibit an
individual’s presence on the premises (such as a protective order issued by a
JDR Court).
2. Officers responding to calls for service on private property will follow this procedure
for investigating trespassing incidents:
a. determine whether or not a Private Property Trespass Enforcement Letter is on
file with CPD. The Police Records Specialist in Information Management
Services will be able to check the property in question through the records
management system and alert the officer if an enforcement letter is on file.

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12/03/2020
c. if a Private Property Trespass Enforcement Letter is on file with CPD, then an
officer may forbid an individual from going upon or remaining upon such
premises, orally or in writing.

GO 536.08 – Trespassing Enforcement 4


12/03/2020
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 63-99


PRISONER TRANSPORTATION/DETAINED PERSONS Date: November 19, 2019
VLEPSC Number: OPR.08.01 thru OPR.08.04 & OPR.09.01 Manual Number: 536.25
Effective Date: 11/19/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department that all arrested or detained
persons be transported in a safe and reliable manner. It will be the responsibility of the
transporting officer to transport the prisoner or detainee in a manner that reasonably
protects the safety of the general public, other police officers, the prisoner or detainee,
and the transporting officer. In addition, the transporting officer should minimize the
opportunity for escape.

II. PURPOSE
The purpose of this policy is to provide written guidelines for the safe transport of
arrested or detained persons.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 536.25 – Prisoner Transportation – Detained Persons 1


Rev: 11/19/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should not
be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to third
party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Policy Number: 537.00


Subject: RESPONSE TO RESISTANCE - GENERAL Effective Date: 04/05/2021

VLEPSC Accreditation Standard(s): ADM.05.01 Review Date: Annually

x New Directive
x Replaces:
Authorization: Chief R.M. Brackney
x Revises: 11/04/2019
x
x

I. POLICY

It is the policy of the Charlottesville Police Department, during every police encounter, to treat all
members of the public with dignity, respect, and in adherence with the rights and liberties afforded
by the United States Constitution and the Constitution and laws of the Commonwealth of Virginia.
A fundamental principle of this agency is to value and preserve human life. Officers shall only use
force when no other viable option is available and non-physical options are not viable or have been
exhausted. In all cases where force is used, only the minimal degree of force which is necessary to
overcome resistance shall be used. All responses to resistance by a law enforcement officer must
be objectively reasonable under the totality of circumstances. The decision to use force “requires
careful attention to the facts and circumstances of each case, including the severity of the crime at
issue, whether the subject poses an immediate threat to the safety of the officer or others, and
whether he is actively resisting arrest or attempting to evade arrest by flight.”

In addition, “the ‘reasonableness’ of a particular use of force must be judged from the perspective
of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight...the question is
whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances
confronting them.” (Graham vs Conner, 49 U.S. 386 (1989)

All officers are responsible for knowing and complying with this policy and conducting themselves
in a manner aligned with departmental expectations and standards of conduct. Any violation of
this policy will subject the officer to disciplinary action, up to and including termination, and
criminal prosecution. Supervisors shall ensure all personnel in their command understand and
comply with this policy. This policy is to be reviewed and personnel are to receive training in
responding to resistance/use of force, on an annual basis. Any questions, concerns, or clarification
requests should be addressed to your immediate supervisor and if necessary through the chain-of-
command.

GO 537.00 – Response to Resistance 1


II. PURPOSE

The primary purpose of this policy is to establish rules and regulations governing the use of force
by officers of the City of Charlottesville Police Department when responding to resistance.

III. DEFINITIONS

Baton: A roughly cylindrical club made of wood, rubber, plastic or metal, carried as a compliance
tool and defensive weapon by law-enforcement officers.
Choke Holds / Neck Restraints: The use of any body part or object to attempt to control or disable
a person by applying pressure against the neck, including the trachea or carotid artery, with the
purpose, intent, or effect of controlling or restricting the person's movement or restricting the
person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck
restraints.
Conducted Energy Weapon (CEW): Conducted Energy Weapons (Taser) are weapons that disrupt
the central nervous system of the body.
Deadly Force: Force that has the substantial likelihood of causing serious bodily harm or death.
De-escalation: Actions or communications during an encounter used in an attempt to stabilize the
situation and reduce the immediacy of the threat so more time, options, and resources can be called
upon to resolve the situation without the use of force or with a reduction in the force necessary.
De-escalation may include but is not limited to the use of such techniques such as command
presence, advisements, warnings, verbal persuasion, and tactical repositioning.
Defensive Tactics/Techniques: a response to resistance option to gain compliance from resistant or
aggressive individuals in arrest or other enforcement situations.
Duty to Intervene: Any law-enforcement officer who, while in the performance of his official
duties, witnesses another law-enforcement officer engaging or attempting to engage in the use of
excessive force against another person shall intervene, when such intervention is feasible, to end
the use of excessive force or attempted use of excessive force, or to prevent the further use of
excessive force. A law-enforcement officer shall also render aid, as circumstances reasonably
permit, to any person injured as the result of the use of excessive force.
Escalate: Actions or communications during an encounter that rapidly increase the intensity or
seriousness of the encounter that may increase the chance of violence.
Excessive force: Any force that is objectively unreasonable given the totality of the circumstances,
including the severity of the crime at issue, whether the suspect poses an immediate threat to the
safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to
evade arrest by flight.
Exigent circumstances: Those circumstances that would cause a reasonable person to believe that
a particular action is necessary to prevent physical harm to an individual, the destruction of relevant
evidence, the escape of a subject, or some other consequence improperly obstructing legitimate
law enforcement efforts. (Based on the definition from United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert.
denied, 469 U.S. 824 (1984).

GO 537.00 – Response to Resistance 2


Graham vs Conner: 490 U.S. 386 (1989), was a United States Supreme Court case where the Court
determined that an objective reasonableness standard should apply to a civilian's claim that law
enforcement officials used excessive force in the course of making an arrest, investigatory stop, or
other "seizure" of his person.
Hogtie: Method of binding limbs together, rendering a subject immobile.
Imminent Death: Death that is impending or about to occur.
Kinetic Impact Munitions: Includes impact rounds and baton rounds, such as rubber batons, bean
bag rounds, foam baton rounds, and plastic, wax, wood, or rubber-coated projectiles.
Less-Lethal Force: Any use of force other than that which is considered deadly force that involves
physical effort to control, restrain, or overcome the resistance of another.
Objectively Reasonable: A Fourth Amendment standard whereby an officer’s belief that they must
protect themselves or others from death or serious bodily injury is compared and weighed against
what a reasonable or rational officer would have believed under similar circumstances. This
determination is made by reviewing all relevant facts and circumstances of each particular case,
including, but not limited to the severity of the crime at issue; whether the subject poses an
immediate threat to the safety of the officers or others, and whether the subject is actively resisting
arrest or attempting to evade arrest by flight.
Positional Asphyxia: Death resulting from body positioning restricting the person’s ability to
breathe.
Reasonable Belief: Is belief based on a set of facts and/or circumstances that would cause a
reasonable person to believe something is true.
Resistance: Acts by an individual that opposes an officer’s lawful commands. There are two types
of resistance:
 “Active” Resistance: Affirmative violent or defensive action to defeat an officer’s ability
to take them into custody.
 “Passive” Resistance: Nonviolent opposition to authority or refusal to cooperate with legal
or lawful requirements.
Serious Bodily Injury: the term “serious bodily injury” means bodily injury which involves a
substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Warning shot: Discharge of a firearm for the purpose of warning or seeking compliance from an
individual, but not intended to cause physical injury.
Weapon of Last Resort: A weapon used outside of its intended purpose or design. A weapon of
last resort can be used by an officer when the officer’s life or the life of another is in imminent
threat of death or serious bodily injury. A weapon of last resort can be an object or use of physical
tactics.
Vascular Neck Restraint: A physical maneuver which restricts blood-flow to the brain, which can
result in unconsciousness.

GO 537.00 – Response to Resistance 3


IV. RESPONSE TO RESISTANCE REQUIREMENTS & PROHIBITED ACTS

1. Officers of the Charlottesville Police Department shall only use force that is reasonable
and necessary to protect life, protect themselves and/or others from bodily harm, and to
affect lawful objectives.

2. Officers shall not use deadly force against anyone, including a fleeing felon, except under
the following circumstances:

a. Protection of the officer’s life from imminent threat of serious bodily harm or death.
b. Protection of the life of another person from imminent threat of serious bodily injury or
death.
c. To prevent the escape of a person who has committed a violent felony when the officer
has probable cause to believe the person poses an imminent danger of death or serious
physical injury to the officer or another person.

3. When reasonably practical, an officer will give a verbal warning of their intent to use
Deadly Force or Less-lethal weapons on individuals prior to the use of the force. (See
Virginia Code Ann. § 19.2-83.5, Use of Deadly Force by a Law-Enforcement Officer
During an Arrest or Detention)

4. Law Enforcement officers may only use force that is objectively reasonable, necessary, and
proportional to effectively and safely accomplish any of the following:

a. to lawfully arrest, detain, or search an individual.


b. to overcome active physical resistance.
c. to prevent the escape of an individual whom the officer has probable cause to believe
has committed a serious crime.
d. to defend oneself or others from active and actual physical danger; and/or
e. to prevent an individual from engaging in acts of serious self-harm, pursuant to Virginia
State Code 37.2-808 (Emergency custody).

5. Officers shall only use the minimum amount of force necessary to accomplish a lawful
purpose/objective, including levels of force lower than the level of threat when reasonable.
Officers shall not, under any circumstance, use a level of force disproportionate to the level
of threat. When it is objectively reasonable that a subject is fully under an officer’s control,
then the use of force must terminate immediately.

6. Choke Holds and/or Lateral Vascular Neck Restraints are strictly PROHIBITED, unless
the use of deadly force is appropriate and the technique is utilized as a last resort.

7. While affecting the arrest of a subject who has been placed faced down on the ground,
officers shall not position themselves on top of the subject in such a way that would restrict
the subject’s airway or ability to breathe. The use of a knee, arm, or leg positioned in such
a manner that restricts a person’s airway is strictly prohibited. While in a face-down
position, officers shall not hogtie an individual who is detained, due to the increased risk

GO 537.00 – Response to Resistance 4


of positional asphyxia. An individual, who has been placed in a face down position for
handcuffing purposes shall be returned to an upright position immediately after being
secured.

8. The discharge/firing of Warning shots of any kind is strictly PROHIBITED.

9. An officer shall not discharge a firearm at a moving vehicle or the occupants of a moving
vehicle unless the occupants are using deadly force against the officer or another person
present, by means other than the vehicle, or when the vehicle is being operated as a weapon
and the officer or third party is faced with imminent death or serious bodily injury. When
possible, an officer threatened by an oncoming vehicle shall move out of its path instead
of discharging a firearm at it or any of its occupants. Officers should keep in mind the
following:
 Shooting at a moving vehicle with a firearm is unlikely to immediately stop or
disable the vehicle.
 Shooting at a moving vehicle could cause injury or death to innocent persons in the
vehicle or could strike the driver, causing the vehicle to lose control, resulting in
death or injury to innocent parties (uninvolved pedestrians and motorists).
10. A police officer shall not discharge a firearm under conditions likely to cause death or
injury to an innocent person. The only exception is a situation where an officer, or third
party, is faced with imminent death or serious bodily injury and the officer has done
everything reasonably necessary to avoid the use of deadly force.

11. Law enforcement officers have a constitutional Duty to Intervene, when a citizen’s
constitutional rights are being violated by the actions of another law enforcement officer.
This is especially important under circumstances when an officer witnesses an
unreasonable or excessive use of force against another. The failure to intervene when
having the ability to do so may subject the witnessing officer to criminal, civil, and
administrative sanctions. In addition to stopping the unlawful behavior, the following shall
apply:

 Officers are to immediately report their observations of excessive force,


unreasonable force, and/or the constitutional violation, to a supervisor and
prepare a written report outlining those observations.
 Any supervisor notified regarding a duty to intervene violation shall immediately
respond to the scene. The responding supervisor shall initiate an investigation
into the alleged violation and in consultation with the Chief of Police and if
necessary, take immediate personnel action, to include, but not limited to a
suspension of police powers of the accused officer.

12. In all instances where force is applied, once the scene is safe and as soon as practical, the
officer has a Duty to Render Aid to the subject for any medical needs. If the officer
believes that medical assistance is needed, or if the subject is requesting medical assistance,
the officer shall request the assistance of emergency medical personnel.

GO 537.00 – Response to Resistance 5


V. NON-ESCALATION AND DE-ESCALATION

The goal of non-escalation and de-escalation is to gain voluntary compliance from subjects and
thereby reduce the need to use force when it is safe, feasible, and without compromising law
enforcement priorities.

When reasonable, prior to using force at any level, officers shall use proper non-escalation and de-
escalation techniques to decrease the likelihood of force and to increase the likelihood of
cooperation between officers and members of the public.

Specific non-escalation and de-escalation techniques include time and distance, officer
positioning, use of clear and effective communication skills, and/or additional personnel such as
CIT trained officers or officers with Less-lethal tools.

Officers should consider whether a subject’s lack of compliance is a deliberate attempt to resist or
whether it may be related to other factors such as: medical conditions, mental impairment,
developmental disabilities, physical limitation, language barrier, drug or alcohol impairment,
and/or behavioral crisis.

After evaluating whether a subject’s lack of compliance is based on one of the factor’s listed above,
the law enforcement officer shall determine whether force is necessary, and what force is most
reasonable to resolve the situation safely. Whenever possible and when such delay will not
compromise the safety of the officer or others, will not result in the destruction of evidence, the
escape of a subject, or the commission of a crime, an officer will allow an individual reasonable
time and opportunity to submit to verbal commands before force is used.

VI. RESPONSE TO RESISTANCE OPTIONS

The Department’s “Response to Resistance Decision Making Chart” shall serve as a basis for the
use of an officer’s discretion in responding to perceived threats and acts of resistance with all
issued lethal or non-lethal weapons authorized by the agency.
The “Response to Resistance Decision Making Chart” reflects what the officer’s escalation of
force options are when presented with certain behaviors while conducting official police business.
It is the subject’s behavior that places the officer and/or others in danger. The subject’s threat is
the primary factor in choosing a force option. However, the officer should also consider the totality
of the circumstances to include, but not limited to, a subject’s altered state due to alcohol or drugs,
mental impairment, medical conditions, or the proximity of weapons.

GO 537.00 – Response to Resistance 6


RESPONSE TO RESISTANCE DECISION MAKING CHART

USE THE OPTION THAT REPRESENTS THE MINIMAL AMOUNT


OF FORCE NECESSARY TO REDUCE THE IMMEDIATE THREAT

The following are examples of how to interpret the “Response to Resistance Decision Making
Chart”. These examples are for illustrative purposes and not intended as an exhaustive list.

GO 537.00 – Response to Resistance 7


No Force: The level of control where an officer can interact with a subject and mere presence and
verbal communication/commands are enough to gain compliance. Examples of “No force” are:
 Officer Presence (uniformed officer displaying a professional demeanor).
 Non-escalation and/or de-escalation techniques.
 Clear verbal commands/communications given in a clear and concise manner in
order to gain control and compliance. Examples of verbal commands are: “Stop,
Police”; “Police, Don’t Move” and “You’re Under Arrest, Put Your Hands on Your
Head.”
 Hands control (compliant handcuffing).
Moderate/Limited Force: The level of control necessary to interact with a subject who is
displaying active resistance and is non-responsive to de-escalation efforts. This level of force has
a low probability of causing injury and includes physical controls such as control holds and other
weaponless techniques. Examples of “Moderate/Limited Force” are:
 Defensive Tactics/Techniques (response to resistance options to gain compliance
from actively resistant or aggressive individuals during arrest or other enforcement
situations (Examples: take-downs, come-alongs, and distraction strikes). When
using defensive tactics/techniques, officers should use only those tactics/techniques
in which they have been trained and which are approved by the Virginia
Department of Criminal Justice Services (DCJS). Defensive tactics training is
mandated by DCJS for all sworn department personnel. All officers shall receive
training in the use of defensive tactics during initial basic law enforcement training.
Additionally, refresher training shall be provided to all officers on an annual basis
by DCJS approved/certified defensive tactics instructors.
 OC Spray
Less Lethal Force: When de-escalation techniques are not effective or appropriate, an officer may
consider the use of Less-lethal force to control a non-compliant or actively resistant individual.
This level of force poses a foreseeable risk of significant injury or harm but is less likely to cause
death. An officer is authorized to use agency-approved, less-lethal force techniques and issued
equipment:
 to protect the officer or others from immediate physical harm,
 to restrain or subdue an individual who is actively resisting or evading arrest, or
 to bring an unlawful situation safely and effectively under control.
Examples of Less-lethal force options are:
 Conducted Energy Weapon (CEW/TASER)
 Impact Weapons (ASP, Baton, Bean Bag rounds)
 K-9
Deadly Force: Any use of force substantially likely to cause serious bodily injury or death,
including but not limited to the discharge of a firearm, the use of an impact weapon under some
circumstances, other techniques or equipment, weapons of last resort, and certain interventions to
stop a subject's vehicle.

GO 537.00 – Response to Resistance 8


VII. USE OF DEADLY FORCE

The following procedures shall be followed in the event of an officer’s use of deadly force.
 It shall be the responsibility of the on-duty supervisor to immediately notify their
full chain of command to include the Chief of Police, for any response to resistance
that results in death or serious injury to a citizen or an officer.
 The Commonwealth’s Attorney for the City of Charlottesville shall be notified by
the Chief of Police or their designee.
 After consultation with the Commonwealth’s Attorney, the Chief of Police will
determine investigative responsibility regarding the subsequent criminal
investigation, to include the Department, the Virginia State Police, and/or other
agencies.
See General Order 522.10, Response to Officer Involved Critical Incidents for further procedures
governing the use of deadly force.

VIII. RESPONSE TO RESISTANCE - REPORTING REQUIREMENTS

Each officer using force shall complete a “Subject Resistance Report” to document all response
to resistance incidents.
A “Subject Resistance Report” is not required in the following situations [unless an injury occurs
or there is a complaint of injury by either the subject or to any involved officer(s)]:
 The mere presence of an officer or a police canine.
 An officer’s issuance of verbal commands.
 Compliant Handcuffing (with no resistance).
 Escort holds (with no resistance).
 The physical removal of an otherwise passively resisting demonstrator.
 The unholstering or display of a firearm or other weapon. These occurrences will
be documented on a Department “Weapons Compliance Form”.
Officers shall immediately notify their shift supervisor of any response to resistance mentioned in
this directive, regardless of whether or not an arrest is made.
In addition to an Incident Based Report (IBR) required to document the incident, a “Subject
Resistance Report” will also be submitted by the officer to the shift supervisor. The form must be
completed in its entirety and submitted for review/approval prior to the end of the officer’s shift.
In the event of an injury to either the subject or officer, or an officers use of an impact weapon,
police canine, CEW, or OC spray; the immediate supervisor receiving notification shall
immediately respond to the scene to ensure the safety and well-being of the involved officer(s) and
subject(s).

GO 537.00 – Response to Resistance 9


In the event that a response to resistance/use of force application results in death or serious physical
injury to any person, the officer involved in using such force may be removed from line duty
assignment and placed on paid administrative leave or as otherwise directed by the Chief of Police,
pending the completion of an administrative review/investigation of the incident.
If the subject of the response to resistance is not seriously injured (e.g., complaint of pain, minor
abrasion, or small scrape) the supervisor shall review, add any remarks, sign, date the “Subject
Resistance Report”, and submit it through their chain-of-command.
All reviewing personnel shall consider relevant training, department policy, and law pertaining to
the response to resistance administered by the officer.
The Division Commander shall review the “Subject Resistance Report” and any and all
attachments for completeness and policy compliance, sign and date the report, and indicate one of
the following.
 “In compliance. No further action required”. The Division Commander will then
submit the “Subject Resistance Report” to the Assistant Chief of Police for
review/approval.
 “Full Response to Resistance (RTR) investigation ordered”. The Division
Commander will consult with the Assistant Chief of Police, who will determine
investigative responsibility.
 “Commonwealth Attorney Review Requested”. The Division Commander
recognizes criminal conduct and further consultation is needed. The Division
Commander will make immediate notification to the Assistant Chief of Police. The
Assistant Chief will consult with the Chief of Police to determine investigative
responsibility after consultation with the Commonwealth Attorney.
Note: The Assistant Chief of Police or the Chief of Police may order a full RTR investigation
or a Commonwealth Attorney review at any time.
If a full investigation is ordered, a supervisor, as approved by the Assistant Chief of Police, shall
be assigned by the Division Commander to investigate the response to resistance. The assigned
investigator will investigate whether the officer’s response to resistance was consistent with and
in compliance with departmental policies, training protocols, laws, and document all findings.
In the event the subject on whom force was used invokes his right to counsel, prior to being
interviewed by the person authorized to conduct the administrative investigation, the investigating
supervisor shall refrain from obtaining a statement until they consult the Commonwealth’s
Attorney’s Office.
The supervisor shall prepare a report of the investigation with their findings and attach it to the
“Subject Resistance Report”. The report shall include the following elements:

 The time a supervisor responded to the scene.


 Steps taken to secure the scene, officer and subject.
 Witnesses identified and interviewed including recorded statements.
 Summary of alleged injuries and injury/scene photographed.

GO 537.00 – Response to Resistance 10


 Subject’s interview and recorded statements.
 Description of injuries of subject and/or officer and medical treatment received.
 Retrieval of relevant BWC videos and images, ECC records, and 911 recordings.
 Analysis of relevant training, policy, and law pertaining to the response to
resistance administered by the officer.

The reviewing supervisor shall include copies of any related incident reports, photographs, videos,
witness summaries, all other relevant information, and submit it through the chain-of-command to
the appropriate Division Commander within a reasonable time period after the incident.
Upon completion of the RTR investigation, the Division Commander will submit the “Subject
Resistance Report”, the full investigative file, and a memorandum to the Assistant Chief of Police
that fully describes the facts, circumstances, and findings, as well as their approval (and
disciplinary recommendations, if necessary). The Assistant Chief will forward the full file to the
Chief of Police for final review/approval.
When a response to resistance incident has completed the full review process, the Assistant Chief
of Police shall forward the “Subject Resistance Report”, the investigative report, all investigative
attachments, and any other related documentation to the Office of Professional Standards for filing
and retention.
The Office of Professional Standards is responsible for ensuring all documentation relating to
Departmental response to resistance incidents are properly secured, stored, retained pursuant to
Virginia Library of Congress retention schedules, and/or expunged when appropriate (in response
to a court order). Prior to any expungement or destruction, the Office of Professional Standards
shall receive approval from the Assistant Chief of Police.

GO 537.00 – Response to Resistance 11


CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 002-05


FIREARMS INSTRUCTORS Date: December 11, 2019
VLEPSC Number: Non-Standard Manual Number: 537.27
Effective Date: 12/11/2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually
I. PURPOSE

To define the qualifications and responsibilities of a Department Firearms Instructor

II. PROCEDURES

A. QUALIFICATIONS

1. Must be a sworn Law Enforcement officer for 3 years to attend Firearms


Instructor School.

2. Only officers who have successfully completed a Virginia General Instructor


School and a Firearms Instructor School and certified by the Virginia Department
of Criminal Justice Services are authorized to instruct at the Firearms Training
Facility or any academic course involving firearms.

4. Firearms instructors will attend a re-certification course at least once every


three years in accordance with DCJS standards.

5. Firearms instructors shall maintain a minimum 90% on DCJS qualifications on


issued weapons.

B. RESPONSIBILITIES

1. The firearm instructor shall act as a coach for the shooter assisting with
techniques.

2. The firearm instructor shall create a safe environment in which to conduct


firearms training by acting as a Safety Officer.

General Order 537.27 1


Rev: 12/11/2019
3. The firearm instructor shall demonstrate the ability to evaluate shooters by
diagnosing deficiencies and successfully improving the shooters' proficiency.

4. The firearm instructor shall demonstrate the ability to instruct the following
topics in a classroom or in live-fire exercise:

a. Shooting techniques, to include low-light (flashlight and weapons light).


b. Proper movement, use of cover, and team movement techniques/strategies
c. Weapon safety
d. Weapon nomenclature
e. Field stripping
f. Proper care and cleaning of issued weapons.
g. Use of force.

5. The firearm instructor shall demonstrate the ability to conduct firearms training
activities which would include but not be limited to:

a. Range Safety officer


b. Developing courses of fire.
c. Completion of forms.
d. Supervising range operations.

C. DRESS

1. Firearms instructors may wear the following while actively instructing at the
Range facility.

a. Tan pants with red Firearms Instructor polo shirt


b. Tan boots
c. Bullet proof vest or Firearms Instructor bullet proof vest with red cover

General Order 537.27 2


Rev: 12/11/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 82-99


FIREARMS MANAGEMENT AND TRAINING Date: August 27, 2020
VLEPSC Number: ADM.06.01, ADM 05.01 Manual Number: 537.30
Effective Date: 08/27/2020
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of the Charlottesville Police Department to establish training and guidelines
pertaining to the handling, carrying, care, maintenance, and the use of the Department
issued firearms and individual sworn officer’s off-duty firearm. Each officer will be
trained in the safe handling and use of all authorized weapons and will demonstrate
proficiency with the weapon(s) before it is issued to the officer.
II. PURPOSE
The purpose of this directive is to specify the requirements for initial training, certification
and/or refresher training with firearms and non-lethal weapons. It will be the goal of
firearms training to develop officer’s shooting skills and insure all officers maintain
qualification in accordance with the Virginia Department of Criminal Justices Services.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

General Order 537.30 1


Rev: 08/27/2020
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 01-09


Firearms- Off Duty Action Regulations Date: November 22, 2019
VLEPSC Number: N/A Manual Number: 537.31
Effective Date: 11/22/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

A. All sworn Police officers may carry a firearm while off-duty in accordance with
state and federal law. While off duty in the City of Charlottesville, Officers are
strongly encouraged to carry a concealed weapon when practical to do so, or at
minimum have a weapon readily available. The off duty weapon may be the
department issued sidearm or a personal weapon of a type and caliber authorized
under the guidelines and restrictions contained in general order 82-99.

1. Sworn Police Officers will use their discretion as to off duty carry outside of
the Charlottesville city limits. Off duty carry outside the Charlottesville city limits
will be governed by all Federal, State, and local laws.

B. Officers should refrain from carrying firearms when contemplating the


consumption of alcoholic beverages or under other circumstances where the need
to carry a firearm is outweighed by safety issues associated with the
circumstances that the officer will be undertaking.

C. A member of the police department who becomes aware of an incident which


poses a threat of serious bodily harm or death to some individual shall take
“action” to minimize the risk of serious bodily harm or death. “Action” under this
provision is fulfilled by reporting the incident and shall not require the officer to
place him or herself in a position of peril. An officer who is faced with such a
circumstance should act in accordance with the guidelines as spelled out in this
General Order.

GO 537.31 Firearms-Off Duty Action Regulations 1


Rev: 11/22/2019
II. PURPOSE

A. The purpose of this order is to adopt safety directives and guidelines for dealing with
the carrying of firearms while in an off-duty status for dealing with an officer’s duty
and responsibility to take action in response to criminal activity while in an off-duty
status.

A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational
and tactical responses are withheld for community and Officer Safety (e.g., bank alarm
response, response to an active threat, and Tactical Operations).

GO 537.31 Firearms-Off Duty Action Regulations 2


Rev: 11/22/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 001-005


FIREARMS REMEDIAL TRAINING Date: June 18, 2018
VLEPSC Number: ADM 06.01 Manual Number: 537.32
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE

To describe remedial training procedures for firearms qualifications.

II. PROCEDURES

A. QUALIFICATIONS

1. Each Sworn Police Officer shall "qualify" with the issued handgun through
successful completion of the firearms training courses prior to being authorized to
carry that handgun while on-duty.

2. Qualification shall be accomplished semi-annually according to a schedule


established by the Firearms Commander.

3. A qualifying score of 70% must be achieved on the Tactical Qualification course


or the VA MDA course. Failure to achieve a 70% will result in the following
action:

a. Officers will be provided with individual instruction in order to identify and


correct deficient behaviors or practices;

b. Officers shall make additional attempts to qualify prior to leaving the firing
range; and

c. Additional attempts to qualify may be suspended upon the discretion of the


Range Officer when inclement weather, physical limitations, or other factors
make additional attempts unsafe or impractical.

B. The Range Officer shall make immediate notification to the Firearms Supervisor and
the officer's shift commander of the failure to qualify.

General Order 537.32 1


Rev: 06/18/2018
C. The Firearms Supervisor shall make arrangements for remedial training that includes
intensified skill development and practice so that qualification may be accomplished.

D. The firearms supervisor shall make arrangements for officers who score below 80%
on the annual qualification course to attend remedial training and practice days as needed
to improve their firearms proficiency

General Order 537.32 2


Rev: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 003-05


RETIRED OFFICER HANDGUN QUALIFICATION Date: July 13, 2019
VLEPSC Number: Non-Standard Manual Number: 537.35
Effective Date: 07/13/19
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE

To set policy by which retired Charlottesville Police officers are allowed to qualify with a
handgun in order to meet the requirements of 18-U.S.C. section 926c.

II. PROCEDURE

A. Requirements: Retired Officers must meet all requirements set forth under 18 U.S.C.
section 926c as being a “qualified retired law enforcement officer” having retired from
Charlottesville Police Department.

B. Retired officers will contact the Firearms Commander to schedule an appointment to


qualify on one of the training range dates established throughout the year.

C. Retired officers will be required to meet the Virginia State standard of 70% on the
Virginia Tactical Qualification Course.

D. Retired officers will be provided ammunition for qualification purposes, if the


handgun is one authorized by the Division of Police. For other weapons, he or she must
provide his or her own ammunition.

E. Qualification scores will be documented on a retired officer firearms qualification


score sheet containing the following information and maintained by the Training Bureau.

1. Name;
2. Social Security Number of retiree;
3. Date of Birth of Retiree;
4. Manufacturer of Weapon;
5. Serial Number of Weapon ;
6. Type of Weapon (revolver/semi-auto);
7. Course Fired;

General Order 537.35 1


Rev: 07/13/2019
8. Score;
9. Date of Qualification;
10. Signature of Shooter;
11. Signature of Firearms Instructor.

F. Upon completion of all qualification requirements retired officers will be issued a


Charlottesville Police Retired Officer Weapons Qualification Card listing the following
information:

1. Retirees Name;
2. Date of qualification;
3. Type of Weapon (revolver/semi-auto);
4. Firearms Range Commander’s Signature.

G. It will be the retiree’s responsibility to ensure they comply with annual qualification
requirements set forth in 18 U.S.C. section 926c. The Charlottesville Police Department
reserves the right to confirm through investigative means that retirees comply with the
requirements set forth in 18 U.S.C. section 926c before issuing a Charlottesville Police
Retired Officer Weapons Qualification Card.

General Order 537.35 2


Rev: 07/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 108-00


SPECIAL WEAPONS AND TACTICS (S.W.A.T) Date: November 13, 2019
VLEPSC Number: OPR.06.01, OPR.06.02, OPR.06.03 Manual Number: 538.00
Effective Date: 11/13/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department recognizes that the presence of a highly trained,
highly skilled police tactical unit has been shown to substantially reduce the risk of injury
or loss of life to citizens, police officers and suspects. The Department further recognizes
that a well-managed “team” response to critical incidents usually results in successful
resolution of critical incidents, therefore the Charlottesville Police Department Special
Weapons and Tactics (S.W.A.T.) Team has been implemented to provide a highly trained
and skilled tactical team as a resource for the Charlottesville Police Department in the
handling of critical incidents.
II. PURPOSE
The purpose of this policy is to establish the governing regulations for member selection,
tactical training, required equipment and the potential use of the Charlottesville Police
Department S.W.A.T. Team.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.00- Special Weapons and Tactics


Rev: 11/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 03-2004


S.W.A.T. – Activation, Notification and Response Date: November 14, 2019
VLEPSC Number: OPR.06.02 Manual Number: 538.01
Effective Date: 11/14/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department to utilize a text message paging
system for SWAT Team activation. To accomplish this, ECC will send standardized,
accurate and specific information via the department issued cell phones. A numeric
backup may be utilized in addition to the text message.

It is the policy of the Charlottesville Police Department to provide specific and timely
information to SWAT officers in the event of team activation to provide for
personal/family notifications when possible to allow for proper response modes.

It is the policy of the Charlottesville Police Department to provide the above information
in order for the SWAT Team to respond to a location in as timely, safe and efficient
manner as possible.

II. PURPOSE
The purpose of this order is to have specified messages entered into the SWAT Team
member’s cell phones as to the type of response required for activation, and to specify
expected times for fully operational status of the SWAT Team.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety
(e.g., bank alarm response, response to an active threat, and Tactical Operations).

GO 538.01 – S.W.A.T. Activation, Notification and Response 1


Rev: 11/14/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 127-00


HOSTAGE/BARRICADED INCIDENTS Date: June18, 2018
VLEPSC Number: OPR.05.01 Manual Number: 538.02
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
In hostage/barricaded subject situations it shall be the policy of the Charlottesville Police
Department to consider the lives of the hostages, civilians and officers involved to be of
the utmost importance; whenever possible, to enhance the prospects of peacefully
resolving the incident through communication with the suspect; whenever possible, to
develop and maintain the ability to use alternative approaches to resolve the incident
should communications fail (Tactical Options); and in hostage situations, to make every
reasonable effort to effect the safe release of the hostages.

II. PURPOSE
It is the purpose of this policy to provide general guidelines for handling
hostage/barricaded subject situations, both stationary and mobile.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.02 – Hostage/Barricaded Incidents 1


Rev: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 128-00


CRISIS NEGOTIATION TEAM Date: July 13, 2019
VLEPSC Number: OPR.06.02 Manual Number: 538.03
Effective Date: 07/13/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

The Charlottesville Police Department recognizes that the presence of a select, well-
trained and equipped Crisis Negotiation Team (CNT) has been shown to substantially
reduce the risk of injury or loss of life to citizens, police officers and suspects. The
Department further recognizes that a well managed "team" response to critical incidents
may result in successful resolution of critical incidents; therefore the Charlottesville
Police Department Crisis Negotiation Team (CNT) has been implemented to provide a
highly trained negotiations team as a resource for the Charlottesville Police Department
in the handling of critical incidents.

II. PURPOSE

The purpose of this policy is to establish the governing regulations for member selection,
negotiations training, required equipment and potential use of the Charlottesville Police
Department Crisis Negotiation Team.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.03 – Crisis Negotiation Team 1


Rev: 07/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 35-99


BOMB THREATS / BOMB INCIDENTS Date: November 8, 2019
VLEPSC Number: OPR.05.01 Manual Number: 538.04
Effective Date: 11/08/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It shall be the policy of the Charlottesville Police Department to respond to all bomb
threats, bomb incidents, or suspected explosive devices.

II. PURPOSE
The purpose of this general order is to provide guidelines for investigating a reported
bomb threat, bombing incident, or suspected explosive device.

III. DEFINITION
Command Post - is a designated location that is usually in the immediate area of a crime
scene where officers assemble. Direction and communication is given and operational
instructions are formulated and implemented. The nature of a crime scene will usually
dictate the type of command post established. Examples of crime scene command posts
are a supervisor’s vehicle, street locations, a designated area at a crime scene, specific
buildings, etc.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.04 –Bomb Threats/Bomb Incidents 1


Rev: 11/08/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 140-00


BANK ALARM PROCEDURE Date: June 18, 2018
VLEPSC Number: Non-Standard Manual Number: 538.05
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE
The purpose of this directive is to establish procedural guidelines regarding response to
bank alarms by patrol units, and to implement a complementary cooperative alarm
program established by bank officials in efforts to accomplish the following objectives.
A. To insure the safety of “financial institutions” personnel and citizens as well as Police
Officers if a bank robbery is actually in progress.
B. To promote a uniform response procedure by Police personnel, and to familiarize
officers with alarm procedure to be used by bank personnel, thus establishing
familiarization with each agency’s course of action in the event of a bank robbery.

A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).

GO 538.05 - Bank Alarm Procedure 1


Rev: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 137-00


UNSECURED BUILDING/BURGLARY ALARMS Date: June 18, 2018
VLEPSC Number: Non-Standard Manual Number: 538.06
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to provide a uniform procedure for investigating an
unsecured building or burglary alarm that has been reported by a citizen, an alarm system
or by a police officer.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.06 - Unsecured Bldg/Burglary Alarms 1


Revised: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 138-00


ROBBERY IN PROGRESS/ROBBERY ALARMS Date: June 19, 2018
VLEPSC Number: Non-Standard Manual Number: 538.07
Effective Date: 06/19/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE
The purpose of this directive is to insure the safety of citizens and officers by providing
uniform procedural guidelines for response to robbery in progress or robbery alarm calls.
A limited number of the enclosed City of Charlottesville Police Department General
Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety
(e.g., bank alarm response, response to an active threat, and Tactical Operations).

GO 538.07 – Robbery in Progress/Robbery Alarms 1


Rev: 06/19/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s
liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense with respect to third party
claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 02-03


CRITICAL INCIDENT COMMAND POST Date: June 18, 2018
VLEPSC Number: OPR.05.01 Manual Number: 538.09
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to recognize and manage all
critical or unusual police incidents in a professional and responsible manner in an effort
to prevent the loss of life, damage to property and to minimize the impact upon the
community. In compliance with the Homeland Security Presidential Directive-5,
Charlottesville City Council passed a resolution for the adoption of the National Incident
Management System (NIMS). As such, the Charlottesville Police Department will
respond to such critical incidents using guidelines set forth by NIMS.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 123-00


SEARCH AND RESCUE OPERATIONS Date: December 11, 2019
VLEPSC Number: OPR.05.01 Manual Number: 538.10
Effective Date: 12/11/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

The Charlottesville Police Department shall have primary responsibility to coordinate all
search and rescue (SAR) operations.

II. PURPOSE

The purpose of this policy is to establish operational guidelines to conduct SAR


operations.

II. DEFINITION

Hasty search –This is a quick and efficient search by small SAR teams that travel quickly
to the identified search area. A hasty search is generally the first tactic used in the early
hours and days of a search.

III. PROCEDURES

A. Search and Rescue Generally


A SAR response must be immediate, rapid, and effective. The missing subject may be
in danger, need emergency medical care, or unable to protect him or herself from the
environment. Time and weather destroy clues and an urgent response and deployment
of resources may reduce the size of the area that must be searched. SAR Teams shall:
a. respond urgently;
b. search at night;
c. mobilize quickly and keep searchers in the field; and
d. create a sustained atmosphere of positive urgency.

GO 538.10 – Search and Rescue Operations 1


Revised: 12/11/2019
B. Search and Rescue Operations
1. The initiation of a SAR operation shall be approved by the Chief of Police or his
designee.
2. After receiving a situational brief by the lead investigator the SAR Coordinator
shall:
a. Make an initial estimate of the situation.
b. Develop and initiate a "hasty search" plan using all available local assets and
personnel.
c. Pursue all immediate courses of action, isolate the search area, and attempt to
locate the victim prior to requesting external support teams.
d. Determine whether or not assistance from outside SAR agencies (dog teams,
aircraft, boats, etc.) is required and brief the lead investigator accordingly. The
criticalness of the situation and the decision to request external support shall
be driven in large part by the age, health and physical condition of the victim,
the existing weather conditions, and any extenuating circumstances
surrounding the missing subject's disappearance.
e. Upon determining outside assistance is required, contact the necessary
agencies and develop a detailed search strategy and establish a logistical
support plan and staging area to accommodate an extended SAR operation.
f. Appoint a team leader for each search team and provide the team members
the following information:
i. Team leaders will report directly to the SAR Coordinator.
ii. Each team leader will receive an assignment and he/she will
communicate that assignment to their respective team members.
iii. Each team leader will maintain a team roster and is required to be
aware of the location of his/her entire team as the search progresses.
iv. All searchers are required to be trained and equipped for the task
assigned. Searchers who are not properly dressed and equipped will
not be permitted to participate in SAR operations.
v. All searchers are expected to register upon arriving at the command
center and before leaving the search area to ensure all individuals are
accounted for at all times.
3. Before any SAR operation is discontinued or suspended, the SAR Coordinator
shall contact the Chief of Police or his designee for approval.

C. Mutual Aid Requests


1. Upon receipt of a request for mutual aid, the SAR Coordinator shall obtain the
following information:

GO 538.10 – Search and Rescue Operations 2


Revised: 12/11/2019
a. The circumstances of the incident; and
b. What resources the requesting agency is seeking.
2. The SAR Coordinator shall determine what resources can be allocated to the
request for mutual aid based on current police department/sheriff's office
operational needs.
3. The SAR Coordinator shall relay the pertinent information regarding the
circumstances of the request and the available resources to be contributed to the
Chief of Police/Sheriff or his designee. The SAR Coordinator shall obtain the
approval of the Chief of Police/Sheriff or his designee prior to allocating
resources to fulfill requests for mutual aid.
4. The SAR Coordinator shall notify the requesting agency of the available
resources.

GO 538.10 – Search and Rescue Operations 3


Revised: 12/11/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 02-2004


CRISIS NEGOTIATION TEAM - Activation, Notification
Date: June 18, 2018
and Response
VLEPSC Number: OPR.06.02 Manual Number: 538.11
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As needed

I. POLICY

It is the policy of the Charlottesville Police Department to utilize a text message system
for CNT Team activation. To accomplish this, ECC will send standardized, accurate and
specific information via the department issued cell phones.

PURPOSE
Proper activation procedures will ensure a timely response of the team and provide
situational information in an expedited form. Utilizing defined priority codes will allow
members to expedite their responses accordingly.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

538.11 – Crisis Negotiation Team – Activation, Notification and Response 1


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 02-04


POLICE DEPARTMENT LIFE SAFETY POLICY Date: July 13, 2019
VLEPSC Number: Manual Number: 538.12
Effective Date: 07/13/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
All Charlottesville Police Department employees should follow established evacuation
guidelines should the need arise for the evacuation of employees and citizens during an
emergency.

II. PURPOSE

To establish a life safety policy for the Charlottesville Police Department should the need
arise for the evacuation of employees and citizens during an emergency, which is
consistent with other city departments.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

538.12 - Police Dept. Life Safety Policy 1


Rev: 07/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 04-2004


PATROL RESPONSE TO ACTIVE SHOOTERS IN
Date: November 22, 2019
PUBLIC SCHOOLS OR BUILDINGS
VLEPSC Number: OPR.05.01 Manual Number: 538.13
Effective Date: 11/22/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It is not unusual for a tactical team to arrive at the scene of a barricaded incident and find
that patrol personnel have contained the suspect within a secure perimeter. There is
generally time for the tactical team to deploy their personnel without serious concern of
suspect escape. Once the incident has been isolated, time enables patrol and/or tactical
personnel to formulate a structured and deliberate plan.

But there are scenarios that require immediate deployment and rapid intervention of
patrol personnel prior to the arrival of the tactical team. In these cases delayed
deployment could have catastrophic consequences. These scenarios often involve an
ongoing “shots-fired” or “downed officer/citizen rescue.” It may also necessitate the
immediate and rapid deployment of law enforcement officers to contain and prevent the
escape of an armed and dangerous person.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

538.13 – Patrol Response to Active Shooters in Public Schools or Buildings 1


Rev: 11/22/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

GENERAL ORDER Number: 141-00


Subject: CIVIL DISTURBANCE AND UNREST
MOBILIZATION PLANS Date: November 14, 2019

VLEPSC Number: OPR.05.02, OPR.05.03 Manual Number: 538.15


Effective Date: Nov. 13, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

A civil disturbance may take various forms and may vary in size and amount of danger
and violence. Civil disturbances include riots, disorders, and violence arising from
dissident gatherings, sports events, concerts, political gatherings, labor disputes, and
student party events. The primary importance in any civil disturbance is police
intervention to defuse the situation and restore order. It is the policy of the Charlottesville
Police Department to be able to respond with trained police officers to any civil
disturbance for the purpose of isolating the situation and bringing it under control.

II. PURPOSE
The purpose of this order is to establish procedures for the Charlottesville Police
Department’s response to civil disturbances, mass arrests, and the rapid mobilization of
Department personnel for these events and other emergency situations.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.15 – Response to Civil Disturbance/Unrest 1


Revised: 11/13/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 143-00


CRITICAL INCIDENT MANAGEMENT TEAM Date: November 14, 2019
VLEPSC Number: Non-Standard Manual Number: 538.08
Effective Date: 11/14/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

The Charlottesville Police Department shall maintain a unit of trained and specially
equipped personnel to contain, stabilize, and/or terminate situations including, but not
limited to, armed and barricaded criminal or emotionally disturbed persons, hostage
cases, sniper incidents, and any known or threatened ambush attacks.

Furthermore, it shall be the policy of this Department to attempt to resolve life-


threatening situations through negotiations unless such negotiations tend to increase the
threat to the safety and lives of victims, bystanders or law enforcement officers.

II. PURPOSE

The purpose of this directive is to state the policy for the use of the Critical Incident
Management Team (CIMT) and to describe the composition and function of the three
major elements of the Critical Incident Management Team, which are the Special
Weapons and Tactics (SWAT) Team, the Crisis Negotiations Team (CNT) and the
Investigative Response Team (IRT).

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 538.08 – Critical Incident Management Team 1


Rev: 11/14/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 98-99


CANINE TEAM Date: December 10, 2019
VLEPSC Number: OPR.01.09, OPR 01.12 Manual Number: 539.20
Effective Date: 12/10/19
Authorization: Chief R.M. Brackney Follow-up: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide guidelines for the proper
management and control of the Department's canine team.
II. PURPOSE
The Police Canine Team will be operated on a year round basis. The Canine Team will
maintain a flexible schedule so that they can respond to any situation where departmental
objectives are most effectively accomplished.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 539.20 – Canine Team 1


Rev: 10/29/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 26-20


COMFORT CANINE Date: 02/06/2020
VLEPSC Number: N/A Manual Number: 539.21
Effective Date: 02/06/2020
Authorization: Chief R.M. Brackney Follow-up: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide guidelines for the proper
usage, care, management and control of the Departments Comfort Canine.
II. PURPOSE
The purpose of the Comfort Canine is to establish procedure and regulations governing
the deployment, training, evaluation, and use of the Comfort Canine and define
authority, circumstances, and responsibility for their use and care.
A. DEFINITIONS
Comfort Canine: The Comfort Canine is a Canine that is trained in providing stress-
relieving services to officers, children and victims of crimes who have gone through a
traumatic event.
B. PROCEDURES
1. A Comfort Canine Handler will be chosen by the Chief of Police after a request is sent
out department wide asking for volunteers interested in being a Comfort Canine Handler.
2. When not engaged in training or animal maintenance, the primary Comfort Canine
Handler will utilize the Comfort Canine in activities including but not limited to:
a. engaging with students in the Charlottesville City Schools system;
b. arranging times for officers to engage with the dog;
c. attending Charlottesville Police Department-sanctioned events with the department
and/or community;
d. engaging with victims of crime during criminal investigations such as CPD
investigations, missing persons, sex crimes, child abductions, child exploitation and
internet crimes to help victims feel more at ease while speaking about their situation;
and,
e. providing public education about the Comfort Canine Program through community
relations demonstrations.
i. requests for demonstrations will be routed to the Comfort Canine

GO 539.21 – Comfort Canine 1


Rev: 02/06/2020
handler(s) supervisor. All requests will be made far enough in advance to
ensure that a Comfort Canine will be available. If there is a need for a short
notice demonstration, approval via telephone by either the Comfort Canine
Handler(s) supervisor or the Field Operations Division Commander will
suffice.
ii. demonstrations may be given at any location, however, the Comfort
Canine Handler(s) supervisor will have the final determination regarding
the site chosen.

C. RESPONSIBILITY/ MAINTENANCE
1. The primary handler of the Comfort Canine shall be responsible for the majority of
the maintenance and housing for the dog. If the primary handler is unable to care for
the dog due to an illness, vacation, or other unspecified matter, the secondary handler
will assume the primary handler’s responsibilities.

D. TRAINING

1. Comfort Canine teams will receive initial certification and/or re-training in


accordance with a nationally registered therapy dog organization or any certifying
association approved by the Chief of Police or their designee.
2. Comfort Canine teams will train on a regular basis to maintain proficiency and
operational readiness. Additionally, the Comfort Canine team(s) will undergo a
demonstration of proficiency on a yearly basis under the supervision of a nationally
registered therapy dog organization.

3. The Field Operations Division Commander will ensure that the above training is
conducted as indicated and will ensure that the training records are maintained for
each Comfort Canine Team by the Training Bureau.

E. REPORTING PROCEDURES

1. Usage of the Comfort Canine will be documented on a monthly basis by the handler
to the handlers supervisor and forwarded to the Filed Operations Division
Commander.

2. If a therapy dog bites any person (child, suspect, citizen, or officer) the handler shall
ensure that proper medical treatment is received by the person who was bitten as
soon as possible.

3. The handler will notify the handler’s supervisor immediately.

4. The handler and their supervisor shall examine all injuries. All injuries will be
photographed (when applicable), regardless of the suspected nature of the injury.
Photos will be submitted with the Incident Case Report, Risk Management forms,

GO 539.21 – Comfort Canine 2


Rev: 02/06/2020
and any other documenting requirements. It is the responsibility of the
handler’s supervisor to complete the report and attach all supporting
documentation, which is to be forwarded through the chain of command.

5. In the event of a dog bite when the handler’s supervisor is off-


duty, the on-duty patrol supervisor will be notified and will complete supporting
documentation, which will be forwarded to the handler’s supervisor
for review.

F. VEHICLES

1. A sworn-officer will use modified department issued vehicles for transporting the
therapy dog if deemed neccessary. A civilian employee, identified as a handler,
will use their personal vehicle for transport and will be provided appropriate
equipment for safe transportation. Handlers may carry refreshments for the
Comfort Canine in the vehicle. Handlers will report any maintenance deficiencies
immediately to the handler’s supervisor. Due to the fact there is no
heat sensor provided in the vehicle, at no time shall the Comfort Canine be in the
vehicle unaccompanied. The Comfort Canine will accompany the handler at all
times.

G. RETIRING A COMFORT CANINE

1. Recommendations to retire a Comfort Canine for cause will be made through the
chain of command. After consultation with the departmental veterinarian and an
approved trainer, the Chief will make the recommendation as to whether or not the
Comfort Canine may be retired to the care of the handler or stay in service. If it is
determined that the Comfort Canine should be retired, the handler may be required
to purchase the therapy dog at a cost determined by the Chief, if so desired.

2. In cases where a handler leaves, the Comfort Canine will remain the property of
the department. If the canine is determined to be suitable for reassignment
to a new handler, it shall be retained within the department. If the canine is
determined unsuitable for reassignment, the canine shall be made available for
purchase to the departing member if so desired.

GO 539.21 – Comfort Canine 3


Rev: 02/06/2020
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 80-99


TRAFFIC DIRECTION AND CONTROL Date: July 13, 2019
VLEPSC Number: OPR 07.08 Manual Number: 540.20
Effective Date: 07/13/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Officers shall be trained and perform traffic direction and control in a uniform manner in
accordance to the Code of Virginia 46.2-834, 42.2-1309, and 46.2-1310 and in
compliance with this directive.

II. PURPOSE
This directive is to establish safe, efficient and uniform procedures for traffic direction
and control.

III. PROCEDURE
A. Uniform Hand and Whistle Signals
1. Pursuant to Section 46.2-1309 of the Code of Virginia, officers shall use the
following hand signals:
a. To stop traffic by hand, the officer shall stand with shoulders parallel
to moving traffic. Raise the arm(s) to forty-five degrees above the
shoulder(s) with the hand(s) extended, palm(s) towards the moving traffic
to be stopped.
b. To move traffic by hand, the officer shall stand with the shoulders
parallel to the traffic to be moved. Extend the right arm and hand full
length at the height of the shoulders, towards such traffic, fingers extended
and joined, palm down. Bring the hand sharply in the direction the traffic
is to move. Repeat the movement with the left arm and hand to start
traffic from the opposite direction.
2. If the whistle is used, pursuant to Section 46.2-1309 of the Code of Virginia, it
shall be used as follows:
a. To stop traffic, the officer shall sound one blast (one long blast).
b. To start traffic, the officer shall sound two blasts (two short blasts).

GO 540.20 – Traffic Direction and Control 1


Rev 07/13/19
c. Emergency stop of all traffic, the officer shall sound three or more
short blasts. This is a signal for all traffic to clear the intersection and
stop.
B. Special Circumstances
1. At the scene of accidents the primary considerations of traffic direction and
control are:
a. protecting lives and property at the scene;
b. preventing additional accidents at or near the scene;
c. protecting evidence at the scene;
d. keeping avenues of approach and exit open for emergency vehicles;
and
e. restore the safe flow of traffic as soon as possible.
2. At the scene of a fire, officers are reminded that the senior fire official is in charge
of the scene. An officer dispatched to the scene of a fire should contact fire
officials at the scene to determine if there are any special traffic control
considerations. Generally, officers directing traffic at a fire scene shall:
a. keep vehicular and pedestrian traffic at a safe distance from the fire
scene and away from fire and rescue apparatus;
b. keep vehicular traffic from driving over unprotected fire hoses (46.2-
922 of the Code of Virginia);
c. reroute traffic, if necessary.
3. Periods of heavy vehicle or pedestrian traffic or vehicular congestion may require
multiple officers and the use of flares, traffic cones, temporary barriers and/or a
variable message sign to reroute traffic.
a. The Department of Public Service (Traffic Shop) may be contacted to
provide assistance, if necessary, to provide signage and barricade
equipment when adverse road conditions are encountered.
4. Heavy vehicular and pedestrian traffic, severe adverse weather and special events
may present significant problems regarding traffic direction and control on many
roads and streets over large areas.
5. Additional police department personnel may be required for certain events. For
voluntary assignment to traffic duties all employees shall receive approval
through their chain of command with final approval of the Chief of Police
required. Sources of additional manpower for traffic control are:
a. Charlottesville Police Officers;
b. Charlottesville Animal Control Officers;
c. Charlottesville Community Service Officers;
d. Charlottesville School Crossing Guards;

GO 540.20 – Traffic Direction and Control 2


Rev 07/13/19
e. Charlottesville civilian police employees;
f. Charlottesville Firefighters; and
g. Law enforcement personnel from surrounding jurisdictions
(Mutual Aid Agreement with University, Albemarle and
Virginia State Police).
6. An on-duty Shift Commander shall assess manpower needs during adverse
weather conditions and shall summon the necessary manpower to direct and
control traffic where lives and property are in jeopardy.
7. Officers shall attempt to provide for a safe flow of traffic during adverse weather
conditions giving priority to primary roads.
8. When circumstances warrant manual operation of traffic control devices, officers
should contact the Shift Supervisor on-duty to request a member of the traffic unit
to open the control boxes and operate the signals if available.
9. In the event of a malfunctioning signal, the officer will notify the Emergency
Communications Center (ECC) to notify the on call signal technician from the
traffic shop and assess the situation to determine if traffic needs to be controlled
manually.
C. Traffic Control Equipment
1. The following temporary traffic control equipment shall be used as described:
a. Flares – flares should be used during the hours of darkness and during
inclement weather when visibility is poor. Flares may be used during
daylight hours; however, they may be less visible then traffic cones in
bright sunlight. Flares shall not be used at any incident where flammable
or explosive liquids or vapors may be leaking, nor shall they be placed
near any combustible or explosive material.
b. Traffic Cones – traffic cones may be used during daylight hours and
whenever there is a fire or explosion hazard. When there is adequate
lighting, cones should be used instead of flares to reduce unnecessary
expenditures.
c. The Department of Public Service (Traffic Shop) has temporary
barricades, cones, lighted and non-lighted signs, directional signs and
variable message signs that can be used to control and divert traffic.
Assistance should be requested when traffic control will extend over long
periods of time or involve multiple locations, such as special events,
adverse weather conditions, disasters, or major accidents on primary
roads.
2. The following personal equipment shall be used when directing traffic unless an
emergency precludes there use.
NOTE: Upon arrival of unknown circumstances, it is deemed an emergency and
it is allowable for an officer to address immediate needs before donning personal

GO 540.20 – Traffic Direction and Control 3


Rev 07/13/19
equipment. If an emergency exists and this equipment is not available the shift
commander shall be notified and the officer replaced as soon as possible.
a. Uniform –all personnel shall be in their uniform of the day, (standard
class B) and wear their issued departmental 8 point hat when directing
traffic.
a. All civilian employees shall be in their departmental issued
uniform and baseball style hat when directing traffic.
b. In the absence of a departmental issued uniform they shall wear
khaki pants with polo shirt and baseball style hat when directing
traffic.
b. Reflective Traffic Vest – all personnel shall wear a high visibility
reflective traffic vest while performing manual traffic direction and
control. The reflective raincoat may be substituted for the vest.
a. All civilian employees shall wear the vest marked “Traffic
Control Officer” and not “Police.”
c. Whistle – the whistle will be carried and used if an auditory signal is
effective under existing conditions.
d. Flashlight – when used for traffic direction and control, the
illumination cone shall be placed on the issued flashlight. The flashlight
and cone shall be used during the hours of darkness and during inclement
weather when visibility is limited. The flashlight with cone serves to
illuminate the officer and makes the officers hand directional signals more
visible to motorists.
e. Gloves – the Department issued reflective gloves shall be worn when
an officer is aware of an upcoming traffic control assignment that he/she
will be assigned.
D. Training
1. All personnel assigned to work any traffic control assignment must be trained by
a DCJS police academy or the department’s Traffic Unit for a minimum 2.5 hour
standardized block of instruction to include:
a. review of applicable state law;
b. review of all pertinent policy on traffic control and radio use;
c. instruction and demonstration of ability of traffic control hand
methods;
d. instruction and demonstration of ability for use of traffic control
boxes; and
e. instruction and demonstration on radio usage.
2. Documentation of training shall be placed in the training file of employee and
held in the Training Bureau.

GO 540.20 – Traffic Direction and Control 4


Rev 07/13/19
GO 540.20 – Traffic Direction and Control 5
Rev 07/13/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: General Order Number: 89-99


TRAFFIC ENFORCEMENT Date: October 31, 2019
VLEPSC Number: OPR.01.03, OPR.07.01 thru OPR.07.04 Manual Number: 540.30
Effective Date: Oct. 31, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to establish uniform expectations, guidelines and
procedures for officers to follow in enforcing the traffic laws of the City of Charlottesville
and Commonwealth of Virginia as an accepted method of protecting lives by preventing
accidents, as well to protect property and create a sense of order.
II. POLICY
It is the policy of the Charlottesville Police Department to proactively address traffic
violations through stopping violators and issuing summons to court and writing written
warnings.
All motor vehicle traffic enforcement shall be conducted in accordance with State Laws
and City Ordinances. Traffic law enforcement is considered to be a law enforcement
prevention method that saves lives, reduces injuries, protects property and maintains a
sense of order and predictability for other drivers and pedestrians. In addition to high
visibility enforcement being a deterrent to criminal activity, it serves as a deterrent to
violations of motor vehicle statutes.
Traffic enforcement includes not only summonsing and custodial arrest of serious
violators, but also warnings given to those motorists and pedestrians who commit less
serious violations. Furthermore, any officer conducting traffic enforcement in any
Departmental vehicle (marked or unmarked) will be equipped with at least a siren and
emergency lights in operational order, and in constant radio communications with the
Emergency Communications Center (ECC).
III. PROCEDURE
A. Types of Enforcement
1. Warnings
a. A written warning is the preferred method to utilize a warning. A written warning
to a motorist or pedestrian in lieu of a summons for an observed traffic violation
is considered to be an effective means of traffic enforcement. The written
warning permits an officer to leave the citizen with a positive and favorable

GO 540.30 – Traffic Enforcement 1


Rev: 10/31/2019
impression of the Department and may favorably influence the citizen towards
future compliance. Warnings should be reserved for infractions that do not
present a significant threat to public safety.
b. Officers, issuing a warning, shall inform the motorist of the observed infraction
and courteously request that the motorist not repeat the offense.
c. Officers issuing warnings shall not chastise, rebuke, lecture or speak in a
condescending tone to the citizen. The warnings should be polite, and made in
a positive request for voluntary compliance in the interest of traffic safety.
d. Nothing in this policy should be considered to influence any officer from not
writing summonses for observed violations.
2. Summons
The Virginia Uniform Traffic Summons shall be issued to a motorist or pedestrian
when, in the opinion of the officer observing the violation, a mere verbal warning
would be insufficient for the violation committed.
3. Custodial Arrest
An officer shall make a custodial arrest in the following circumstances:
a. The officer has probable cause to believe that the driver of the vehicle has
committed a felony;
b. the operator of the vehicle is being arrested for Driving Under the Influence or
Refusal of a Breath or Blood Test;
c. the driver refuses to sign the Virginia Uniform Summons; and
d. the officer has reason to believe the operator of the vehicle will not comply with
the “promise to appear provision” of the Virginia Uniform Summons.
B. Handling Special Categories of Traffic Law Violators:
1. Non-Resident of Virginia
a. A resident of a reciprocal state shall be issued a summons in the same manner as
residents of the Commonwealth of Virginia. If the person refuses to sign the
summons, the officer must take the individual into custody and transport the
subject to the magistrate.
b. A resident of a non-reciprocal state must be arrested (custodial arrest) and taken
before a magistrate.
2. Juveniles
a. Officers who issue a summons to juvenile traffic law offenders must clearly
indicate that the Juvenile and Domestic Relations Court is the court of
jurisdiction.
b. If the juvenile refuses to sign the summons, the officer must take the juvenile
into custody and proceed as any other juvenile custodial arrest.
3. Legislators

GO 540.30 – Traffic Enforcement 2


Rev: 10/31/2019
a. Except for treason, a felony, or breach of the peace, members of the General
Assembly, Governor, Lieutenant Governor, their clerks, and their assistants are
privileged from being detained during any session of the General Assembly and
five days before and after the session.
b. Except for treason, felony, or breach of the peace, members of the United States
Congress are privileged from being detained during any session of Congress
and fifteen days before and after the session.
c. As such privilege pertains to traffic enforcement, an officer encountering any
of the legislators mentioned in this section, during the time period specified in
(III, B, 3a and b) this directive, who has committed a traffic violation that may
warrant more than a warning, shall notify a shift supervisor of the incident and
confer with the Commonwealth’s Attorney for a decision to prosecute.
d. Legislators who are suspected of Driving under the Influence of alcohol or drugs
shall not be allowed to continue the operation of the vehicle. The officer shall
notify the shift supervisor immediately and make contact with the on-call
Commonwealth’s Attorney for guidance.
4. Military Personnel
a. The driver’s license of a member of the armed services of the United States,
while serving outside the Commonwealth of Virginia, shall be held not to have
expired for the duration of such service and for a period of six months thereafter.
However, no such extension shall exceed five years from the date of expiration
shown on the license. (Section 46.2-331 if the Code of Virginia)
b. Military personnel, licensed in a non-reciprocating state, but stationed in
Virginia, may be issued a traffic summons for traffic violations.
c. Military personnel, licensed in a non-reciprocating state and stationed outside
the Commonwealth, are not eligible for release on a summons for a traffic
charge.
5. Diplomats
a. Ambassadors and ministers are the highest-ranking diplomatic representatives
of a foreign government. Ambassadors, ministers and their families are
afforded total immunity from any local process, including traffic summonses.
Their employees, who are neither U.S. citizens nor permanent U.S. residents,
are afforded total immunity for only those acts performed in the course of their
official duties.
b. Consular officers of foreign governments are afforded limited immunity from
local process. However, they may be arrested for committing a grave felony
that endangers public safety. Consular officers may also be issued a summons.
Family members and staff consular officers have no immunity.
c. If a diplomatic officer’s actions would normally require an arrest (such as in the
case of D.U.I), the diplomatic officer may be detained without restraint for their
own safety and the safety of others until arrangements can be made to release
the diplomat to a responsible custodian or ensure safe return to their residence.

GO 540.30 – Traffic Enforcement 3


Rev: 10/31/2019
d. Any law enforcement contact with the diplomatic officer, their family or staff,
shall be reported in writing through the chain of command to the Chief of
Police, who shall cause contact to be made with the Office of Protocol of the
State Department to request their assistance in preventing the reoccurrence of a
similar incident.
6. Other Foreign Nationals
a. Citizens of foreign countries (foreign nationals) are subject to all local
ordinances, as well as all state and federal laws unless immune by diplomatic
status.

C. Information to be provided to the recipient of a traffic summons


1. The issuing officer shall explain the following information on the front and reverse
of the violator’s copy of the summons:
a. The specific charge(s);
b. State the date, time and location of the court the violator is required to appear
in;
c. Explain the implications of signing the summons.
d. Advise the violator if court appearance is mandatory or whether the violator
may prepay the fine by mail or in person at the Charlottesville General District
Court Clerk’s Office.
e. The officer should answer any other questions that are related to the summons
that the violator may have.
f. The officer shall not quote the cost of the fine for any violation of law. Officers
may provide the violator with the most recent updated pre-payment sheet that is
provided by the Virginia State Supreme Court if one is available.

D. Enforcement of Traffic Law


1. Police Officers have a broad range of discretion in the enforcement of traffic law
violations. The following sections provide guidelines for enforcement:
a. Driving Under the Influence of Alcohol or Drugs (DUI and DUID);
b DUI and DUID are serious life endangering offenses. Officers are expected to
thoroughly investigate these cases and file the appropriate charges.
c. Driving with a Suspended or Revoked License; and
d. drivers who have their driving privileges suspended or revoked have generally
demonstrated a repetitive disregard for motor vehicle laws and ordinances, or
irresponsible attitudes towards the consequences of previous convictions.
Officers are expected to make an appropriate charge in this situation.

2. Speeding Violations
a. Speeding violations range from barely exceeding the posted speed limit to
violations where the speed is dangerous to the motoring public who are safely
utilizing the roadways of the community. Officers should follow their training
guidelines for speed tolerance, and additionally, officers should consider the

GO 540.30 – Traffic Enforcement 4


Rev: 10/31/2019
following when taking enforcement action:
i. Posted speed limit;
ii. traffic condition and weather;
iii. speed related accidents in the area;
iv. frequency of speed related neighborhood complaints; and
v. departmental and Traffic Engineering statistical data that may provide
times and peak hours of violations.

3. Other Hazard Violations


a. There is a broad range of serious hazardous violations that an officer is likely
to encounter. The violations range from passing and turning maneuver
violations to signal light violations. Officer should take the necessary
enforcement action as outlined in Section A, 1, 2 and 3 of this directive.

4. Off-Road Vehicle Violations


a. Recreational vehicles that are described as All Terrain Vehicles (ATVs) and go-
carts are not eligible for licensing in the Commonwealth and shall not be
operated on public streets or highways. The operation of these vehicles violates
the licensing, inspection, insurance and safety equipment statues. Driving
helmets are required for the operation of off-road vehicles, with exceptions as
noted in Virginia Code Section 46.2-915.1
b. Farm equipment, construction and other similar type vehicles, which are not
subject to the state inspection and licensing laws, must be operated on the
highway in a safe manner. These types of vehicles are required to be marked
with a slow emblem marker that is attached to the rear of the vehicle per
Virginia Code Section 46.2-1081.
5. Equipment Violations
a. Defective or improper motor vehicle equipment can present significant
roadway safety hazards. Although the state has an annual motor vehicle
inspection program, in the interest of safety officers are to observe and enforce
any motor vehicles for state code equipment violations.

6. Public Carrier and Commercial Vehicle Violations


a. There is an increased risk to public safety that has been created by the greater
size and/or cargo capacity of many commercial vehicles, which include public
service carriers such as buses. Traffic violations committed by the operators of
these vehicles pose a greater risk to all users of the highway system. Traffic
accidents involving public carriers and commercial vehicles are considered to
present more of a risk per accident in injury, death and/or property damage.
Officers should consider the aforementioned factors when deciding on the type
of enforcement action they will take.

GO 540.30 – Traffic Enforcement 5


Rev: 10/31/2019
7. Other Non-hazardous Violations
a. Officer should take into consideration whether non-hazardous violations are
repetitive or flagrant in nature when deciding on the type of enforcement action
to take. Traffic violation investigations should be based on a case-by-case
basis.

8. Multiple Violations
a. When an officer observes multiple violations by the driver of a motor vehicle
they may cite the driver for all violations observed or only for the most
serious violation. In the case where the officer decides to enforce only the
most serious violation they shall issue a written warning to the violator on the
less serious infractions.

9. Newly Enacted Laws and/or Regulations


a. Unless public safety is jeopardized, members of the Department should allow a
grace period before taking enforcement action on newly enacted legislation or
ordinances. Additionally, the same consideration should be given to motorists
in areas of the City where speed limits have changed.

10. Violations Resulting in Motor Vehicle Crashes


a. When a traffic violation(s) results in or is a contributing factor to a traffic crash,
the investigating officer should summons or arrest, as appropriate, for that
violation(s).

11. Pedestrian and Bicycle Violations


a. Officers should be aware of traffic law violations committed by both
pedestrians and bicyclists. Officers should appropriately cite or warn
pedestrians or bicyclists for observed traffic violations.

GO 540.30 – Traffic Enforcement 6


Rev: 10/31/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 14-03


COMMERCIAL MOTOR VEHICLE
Date: June 18, 2018
ENFORCEMENT
VLEPSC Number: Manual Number: 540.35
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up: As Needed

I. PURPOSE
The purpose of this directive is to provide guidelines for the execution of Commercial
Motor Vehicle Safety Inspections.
II. POLICY
It shall be the policy of the Charlottesville Police Department to patrol in a proactive
manner, to actively enforce the commercial motor vehicle laws of the City of
Charlottesville, Commonwealth of Virginia and the Federal Motor Carrier Safety
Regulations. Our objective is to conduct safety inspections on commercial motor vehicles
to ensure the safety of the citizen’s that live, work and visit the City of
Charlottesville. Only officers that have been federally certified through CVSA
(Commercial Vehicle Safety Alliance) shall conduct safety inspections on commercial
motor vehicles.

GO 539.20 – Commercial Motor Vehicle Enforcement 1


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: General Order Number: 90-99


MOTORIST ASSIST GUIDELINES Date: June 18, 2018
VLEPSC Number: OPR 07.11 Manual Number: 540.40
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Officers of the Charlottesville Police Department shall stop and render assistance to
stranded motorists and other persons found to be in need of assistance on the streets,
roads and other public areas in the City of Charlottesville.

II. PURPOSE
The purpose of this directive is to establish guidelines for members of the Department to
use when aiding and/or assisting motorists or other persons found to be stranded or in
need of assistance.

III. PROCEDURE
A. Emergency Assistance
Officers responding to a request for emergency roadway assistance shall summons
the appropriate response to the scene when necessary. Officers should assist with the
emergency problem within the scope of their training and competence, and if
necessary may extinguish small fires with their issued fire extinguisher.
B. General Assistance
Officers observing a motorist or others who appear to be in need of assistance or in
distress shall stop and determine what assistance is needed. If the officer is in the
process of responding to an assigned request for police assistance, which makes
stopping to render assistance ill-advised, the officer shall contact the Emergency
Communications Center (ECC) and ask that another unit be dispatched to initiate the
roadway assistance.
C. Mechanical Assistance and Towing Service
1. Officers shall not “jump start” any vehicle as it may cause damage to the
Department vehicle, e.g. the electrical and/or radio systems.

GO 540.40 – Motorist Assist Guidelines 1


Rev: 06/18/2018
2. It shall be the responsibility of the officer to summons whatever assistance the
motorist needs, rather than personally providing that specific service (e.g.
changing a flat tire, unlocking vehicle doors, etc.). The officer shall ask the
motorist whom they want to be contacted to provide the needed assistance. If
there is no preference, the officer shall contact ECC with the specific requested
assistance, stating, “at the owner’s request with no preference”.
3. Officers shall be aware of the potential danger to motorists who are stranded in
hazardous locations on the highways or streets. If the officer must leave before
additional assistance arrives, the officer shall take steps to reduce the motorist’s
risks while in that situation (e.g., setting out roadway flares, etc.).
D. Protection for Stranded Persons
1. Officers who encounter motorists or other travelers who are stranded for various
reasons shall render the appropriate assistance by attempting to contact relatives,
friends or when necessary, an appropriate service agency (e.g. Salvation Army,
etc).
2. If no other means of assistance is available, particularly during severe weather
conditions or when children, elderly, or disabled persons are stranded, officers
may bring such stranded persons to any local mutually agreed upon location or to
the Police Department until other suitable arrangements can be made.
3. The Animal Control Officer, when needed, shall be contacted to provide
temporary shelter for pets of stranded travelers.
E. Providing Direction and Information
Officers are expected to be knowledgeable about the roadways and points of interest
within the City of Charlottesville and should become familiar with the general area of
Albemarle County. The officer’s knowledge and familiarity will enable members of
the Department to provide both direction and information to travelers and tourists.
While City maps can assist members of the Department in providing specific
directions to any location in the City; officers should be able to provide general
information regarding major highways and points of interest throughout the area,
when the situation permits.
F. Reporting Highway Hazards
1. Officers, in an effort to assist persons that travel on the sidewalks, streets and
highways of the City of Charlottesville, shall report any hazardous conditions
observed to ECC and request that such information be forwarded to the City’s
Public Service Department (Traffic Shop) or the appropriate agency for corrective
action.
2. Officers shall investigate road hazards (e.g. missing or damaged roadway traffic
signs, debris in the roadway, collapsing pavement, traffic signal light malfunction,
etc.) that have been reported by citizens. The officer shall request that ECC notify
the City’s Public Service Department (Traffic Shop), or the appropriate agency of
any hazardous condition found.

GO 540.40 – Motorist Assist Guidelines 2


Rev: 06/18/2018
3. Officer finding a highway hazard that presents a danger to life and/or property
shall take the necessary steps to protect motorists from the hazards by the use of:
a. flares or traffic cones;
b. the positioning of a police vehicle;
c. removing debris from the roadway;
d. directing traffic around the hazard; and
e. request the City’s Public Service Department (Traffic Shop) to setup
an on site detour.

GO 540.40 – Motorist Assist Guidelines 3


Rev: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 109-00


VEHICLE ESCORTS Date: June 18, 2018
VLEPSC Number: OPR.07.09 Manual Number: 540.50
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY

It shall be the policy of the Charlottesville Police Department to allow police escorts in
limited circumstances such as for the safe passage of oversized loads, hazardous or
unusual cargo, the expedited movement of public officials, prisoners or other dignitaries,
funerals and for the protection of the public during parades or other special events.

II. PURPOSE
The purpose of this directive is to provide guidelines for Department Members when
responding to requests for, and providing police escorts.

III. PROCEDURE
A. The Department may provide escorts for funerals. Requests for funeral escorts
should be directed to a Traffic Unit Supervisor.
B. The Department may provide escorts for other circumstances where there is a
reasonable need and a public benefit. All such cases shall be directed to a Traffic
Unit Supervisor.
C. For all escorts:
1. The supervisor approving the escort shall plan the routes and operational
assignments in advance to ensure safe and efficient use of resources.
Consideration will be given to peak travel times and routes in order to safely
handle the vehicle(s) being escorted with the least possible impact to commerce
and the travelling public
2. Emergency or rapidly developing situations where advance planning is
impractical and impedes the operational needs of the escort will be considered for
approval by a Shift or Traffic Unit Supervisor. Such escorts will be handled in
accordance with all provisions of this order with the exception of pre planning.

GO 540.50 – Vehicle Escorts 1


Rev: 06/18/19
3. All Escorts leaving the City will be reviewed and approved by the Commander in
charge of the Traffic Unit or a Shift Commander.
4. If leaving the City, the Supervisor approving the escort shall notify the on-duty
Shift Commander of the involved jurisdiction prior to deployment.
5. Authorized speed for all escorts is no more that twenty miles per hour over the
posted speed limit.
6. It is the policy of this Department that, notwithstanding the authorization set forth
in Va. Code 46.2-920, all police vehicles, even when operating in emergency
mode, shall not proceed through any steady or flashing red signal, traffic light,
stop sign, or other device indicating that moving traffic must stop, without first
stopping and checking traffic in all directions; unless the intersection is under the
control of another Officer who indicates to approaching Officers by
predetermined signal that the intersection is controlled and safe to enter.
7. Officers conducting escorts will exercise due regard for their safety and keep in
mind that their safety and the safety of the public is paramount and always takes
precedence over the need to save time or keep an escort moving on schedule.
8. All emergency equipment shall be activated continuously while overtaking any
vehicle and while ignoring any traffic law as authorized under VA. Code 46.2-
920. Overhead and emergency lights alone may be used for any escort or portion
thereof that does not ignore any traffic law or while standing on foot post
directing traffic in close proximity to a police vehicle.
D. Department members shall not escort civilian vehicles in medical emergencies.
Civilian medical escorts create an extremely dangerous situation to all persons
involved. Officers, when requested to provide such an escort, should offer to have a
rescue unit respond to provide the proper medical transport.
E. Nothing in this order prohibits officers from assisting lost motorists. If the officer
needs to leave their assigned area to assist a lost motorist, the officer must contact the
on duty Shift or Unit Supervisor for permission to leave their assigned area.
F. The Charlottesville Police Department will not provide security escorts for the
transportation of monetary receipts, except in special circumstances that must be
approved by the on-duty Shift Commander.

GO 540.50 – Vehicle Escorts 2


Rev: 06/18/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 112-18


Mobile Recording Systems Date: October 9, 2019
VLEPSC Number: OPR 01.11 Manual Number: 541.10
Effective Date: Oct. 9, 2019
Authorization: Chief R.M. Brackney Review Date: As Needed

I. POLICY

It is the policy of the Charlottesville Police Department that officers shall use and operate
body worn cameras (BWC) and In-Car Mobile Video Cameras (MVR) consistent with
this General Order (“Policy”).

II. PURPOSE

The purpose of this Policy is to enhance confidence in law enforcement operations, by


making use of audio and video equipment to accurately record law enforcement activities
and to capture evidence for investigations and court proceedings. Use of BWC and MVR
may assist in reducing the number of complaints and lawsuits against the Charlottesville
Police Department and its officers. This Policy also sets forth guidelines for the
management, storage, release, and retrieval of recordings from use of BWC and MVR.

This policy does not govern the use of covert recording devices used in undercover
operations, or other recording devices used for or in connection with criminal
investigations.

III. DEFINITIONS

Body Worn Camera (BWC): A video and audio recording device(s) worn “on the body”
of a police officer

In-Car Mobile Video Recorder (MVR): A video and audio recording device(s) that is
physically mounted inside a law enforcement vehicle.

Law Enforcement Activity: For the purpose of this General Order, the phrase means
actions taken by a law enforcement officer, involving in-person engagement with any
member(s) of the public, including, without limitation: consensual stops and encounters;
investigative stops and searches; responses to calls-for-service; responses to emergency

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incidents; crowd control; traffic control and enforcement; response to a crime committed
in an officer’s presence; pursuit of a suspect; arrests; etc.

The following activities are EXCLUDED from the definition of Law Enforcement
Activity, and from the coverage of this General Order: performance by an officer
of duties of employment other than law enforcement activities (for example,
report-writing at a desk within the Department; conversations between officers
which take place within a Department office, restroom, or locker room; off-duty
employment activities other than those involving a Law Enforcement Activity)

Chief of Police: For purposes of this Policy, the term Chief of Police shall mean the Chief
of Police and a lieutenant or captain within an officer’s chain of command who is
carrying out an instruction or order given by the Chief of Police or authorizing an activity
on behalf of the Chief of Police.

IV. PROCEDURE
A. Training; preservation of recordings
1. Officers who are assigned a BWC, or who are assigned a vehicle equipped
with an MVR, shall complete a Department approved training program to ensure
proper use and operation before utilizing the equipment. Additional training, as
determined by the Chief of Police, may be required at periodic intervals to ensure
the continued effective use and operation of equipment, and to incorporate
changes, updates, or other revisions in department policy and equipment.
2. Officers will utilize a BWC and MVR in accordance with the Department-
approved training program.

B. Equipment
1. Department-issued BWC and MVR shall be used only for and in connection
with performance of an officer’s law enforcement duties for the City of
Charlottesville (which may include extra-duty employment in which an officer
will be in a City uniform). BWC and MVR shall not be used for non-work related
or personal activities.

2. Officers shall use only those BWC and MVR issued by the Department. The
wearing or use of BWC or MVR owned by an individual officer, or other non-
City-issued audio/video recording equipment, is prohibited. For the purpose of
this paragraph cell phones, smart phones, computer tablets and laptop computers
are not considered to be “audio/video recording equipment”.

3. Each BWC is issued and assigned to an individual law enforcement officer. No


officer shall use or wear a BWC issued to another officer—except under exigent
circumstances, or when such use has been approved in advance by the Chief of
Police.

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4. Each MVR is issued for a specific fleet vehicle. To activate an MVR an officer
assigned to the vehicle must log in with their own credentials. No officer shall
operate the MVR within a vehicle using log in credentials of another officer—
except under exigent circumstances, or when such use has been approved in
advance by the Chief of Police.

5. If an officer has been issued a BWC, or a vehicle equipped with an MVR, the
officer shall utilize that equipment to record law enforcement activity. If the
BWC or MVR is not functioning properly, or in circumstance where an officer
believes that supplemental audio or video recording(s) will further the purposes
of this Policy, then the officer may utilize recording devices or applications on
cell phones, smart phones, computer tablets or laptop computers issued by the
City to police officers.

a. When a recording is made by or stored on cell phones, smart phones,


computer tablets, laptop computers or similar devices that are City-
issued during the performance of law enforcement duties for the City
of Charlottesville, the recording is a “public record” which must be
preserved by an officer.

b. Officers are PROHIBITED from using their personally-owned


devices to create recordings during the performance of law
enforcement duties.

c. The following is the priority of use that officers shall follow:

i. City-issued BWC or MVR will be utilized for recording


performance of law enforcement activities, when such
equipment has been issued to an officer and is functioning
properly;
ii. city-issued phones or computer devices may be utilized to
supplement BWC or MVR recordings, or in place of BWC of
MVR, if BWC or MVR equipment has not been issued to an
officer or is not functioning properly; and
iii. if a city-issued phone or recording device is used, then the
officer shall download the evidence by the end of their tour of
duty to the Charlottesville Police Department’s (J) Drive file
and/or a hard copy created and placed into evidence. Officers
must articulate within their case report the creation of such
recording(s) and that the recordings have been stored on the J
Drive and/or placed into evidence.

C. Officer Responsibility and Use of BWC


1. Prior to beginning a shift (including extra-duty assignments), an officer shall
power on the assigned BWC device and conduct an operational inspection. If the

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BWC passes the operational inspection, the officer shall wear the BWC and will
keep the device powered on until conclusion of the officer’s shift.
2. If a BWC does not pass operational inspection or if, while an officer is
wearing the BWC, the officer becomes aware of a malfunction, then the officer
will immediately document the problem and notify a supervisor of the problem
as soon as practical.
3. Officers shall activate the “record” function of the BWC when engaged in
law enforcement activity. Officers may also activate BWC recording when they
are in circumstances that cause them to reasonably fear for their own safety, or
the safety of any other person(s).
4. Activation shall occur at the commencement of law enforcement activity, or
as soon thereafter as is practical and safe under the circumsntances. An officer is
not required to activate the BWC if activation would jeopardize the safety of
himself or any other person(s).
5. Once the BWC is activated, an officer shall not intentionally de-activate the
video/audio recording of an incident, except that an officer may stop the BWC
recording when:
a. the officer is directing traffic or assisting in some other type of traffic
control;
b. The officer is parked behind a disabled vehicle or waiting for a
wrecker following an accident investigation;
c. the officer concludes the law enforcement activity that required the
recording function of the BWC to be activated;
d. there is no safety interest to be served by continued recording;
e. continuing recording would jeopardize the safety of the officer or any
other person(s).
6. Where practical, and when doing so does not interfere with officer safety, an
officer will monitor the position of the BWC to ensure the BWC is capturing
evidentiary-quality footage (as opposed to non-evidentiary-quality footage: e.g.,
ground, sky, officer's arm or feet, etc.).
7. It is the responsibility of each officer to ensure that their BWC is recording
during performance of law enforcement activities. (Activation of an MVR will
usually also activate an officer’s BWC; however, it is the responsibility of the
officer to verify that the BWC recording has been activated).
8. Officers shall note in incident, arrest, and related reports when video
recordings were made. BWC recordings are not a substitute for written reports.
9. If an officer fails to activate the BWC, fails to record the entire law
enforcement activity, or interrupts/mutes a recording, the officer shall document
that within written reports (e.g., incident, arrest and related reports) with an
explanation.

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10. Officers shall not intentionally edit, alter, or erase any BWC recordings. No
officer will duplicate, copy, share, or disseminate a BWC recording to any
person except in accordance with this Policy or as specifically authorized in
advance by the Chief of Police.
11. At the end of each shift, before docking the BWC, an officer shall classify
each recording as a categorized file. If applicable, the officer will also assign a
report number. Each categorized file shall contain the date, the BWC identifier,
(i.e., the series of numbers and/or letters assigned to each BWC to distinguish
one piece of BWC equipment from another), and the name of the assigned
officer. If for any reason an officer cannot complete these tasks before going off-
duty, the officer shall contact their supervisor for instructions.
12. No officer may review or categorize BWC recordings for another officer.
13. At the end of each shift, after categorizing each recording, each officer shall
conduct an operability inspection and report any issues to his or her supervisor.
After this inspection, BWC shall be placed in its dock.
D. Officer Responsibility and Use of MVR

1. Each officer assigned to a fleet vehicle equipped with a MVR will, prior to
begining a shift, turn the MVR power on and log into the MVR system using his
or her log-in credentials. The officer shall conduct an operational inspection and
then will leave the MVR powered on throughout the duration of their shift.

2. If an MVR does not pass an operational inspection, or if an MVR


malfunctions during an officer’s shift, the officer shall immediately document
the problem and a supervisor will be notified of the problem as soon as practical.
3. Each MVR is designed to automatically commence recording at the time a
vehicle’s emergency lights or siren are activated. An officer may also manually
commence recording by touching the “record” button on the MVR. An officer
shall ensure that the MVR recording function is activated through one of these
means during performance of law enforcement activities. The officer shall ensure
that the MVR recording continues for the duration of the law enforcement
activity. An officer may also activate MVR recording in circumstances that cause
them to reasonably fear for their own safety, or the safety of any other person(s).
4. The officer shall ensure that the video camera is positioned and adjusted
properly to maximize the scene and the area to be recorded. Where practical and
when doing so does not interfere with safety of the officer or the public, officers
shall monitor the position of the MVR to ensure the MVR is capturing
evidentiary-quality footage.
5. If an officer logs into and activates an MVR using another officer’s log in
credentials, in exigent circumstances permitted by this Policy, then the officer
must notify a supervisor of that log in as soon as practical after the exigent
circumstances subside, and the officer’s supervisor must document the

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circumstances within a written report submitted to the supervisor’s Field
Operations Commander.
6. Officers shall not stop the MVR recording of a law enforcement activity once
recording has been activated. However, an officer may stop the MVR recording:
a. While the officer is directing traffic or assisting in some other type of
traffic control;
b. While the officer is parked behind a disabled vehicle or waiting for a
wrecker following an accident investigation;
c. While the officer is providing a funeral escort; or
d. Performance of law enforcement tasks is concluded, and there is no safety
interest to be served by continued recording.
E. Supervisor Responsibility
1. Supervisors shall:
a. Ensure officers wear and utilize BWC and MVR in accordance with
Department-approved training and in accordance with this Policy;
b. Review BWC and MVR recordings, to:
i. Audit officers’ compliance with this Policy;
ii. Audit officers’ proficiency in using the BWC or MVR;
iii. Audit officers’ performance of law enforcement activity;
iv. Correct clerical errors of officers under their supervision,
v. Change the categorization of a record, to ensure that a recording
will be retained indefinitely, if criminal charges or civil litigation
are foreseeable, or the supervisor has reason to believe that
matters documented within the recording may generate a
complaint.

2. Supervisors may limit an officer’s access to BWC or MVR recordings, and


may prohibit an officer from viewing any recording(s), if the officer is a party to
an officer- involved shooting, is involved in an incident where there has been a
serious use of force, or other circumstances that require review by the
commonwealth’s attorney, the city attorney, or the Department’s Office of
Professional Standards.
3. Supervisors shall periodically audit records showing officers’ access to the
computerized BWC or MVR storage system, to ensure that officers are accessing
and utilizing recordings only as permitted by this Policy.
F. Privacy and Restricted Use
1. Officers will inform individuals that they are being recorded, when practical
and when verbal notice can be given without risk of harm to the officer or any
other person(s).
2. An individual may decline to be recorded in circumstances where that
individual has a reasonable expectation of privacy (such as within the

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individual’s residence), but not when recording is being conducted during
execution of a search warrant, execution of an arrest warrant, or incident to an
arrest (and related searches)—even if those activities are conducted within an
individual’s residence.
3. The BWC , MVR, or any other authorized recording device function should
generally not to be activated, or once activated the recording function may be
deactivated, during the following:
a. Communications with other law enforcement personnel, in
circumstances approved by the Chief of Police;
b. Communications in which specific tactical plans, safety plans, or
operational plans are discussed between or among law
enforcement officers;
c. Encounters with undercover officers and confidential informants;
d. While conducting strip searches;
e. While conducting a Lethality Screen;
f. When a community member is reporting a crime and the the
community member requests to remain anonymous;
g. While appearing before a magistrate;
h. When officers are on break or otherwise engaged in personal
activities (such as while officers are using restrooms or locker
rooms);
4. Officers shall comply with individual federal, state, and local courthouse
policies regarding the wearing of BWC within a courthouse or courtroom.
5. Officers shall comply with medical facility policies pertaining to video and
audio recording.
G. Control and Access
1. The BWC, MVR, and all other department authorized recording equipment
and all data, images, sounds, video, and metadata captured, recorded, or
otherwise produced by the equipment are the exclusive property of the
Charlottesville Police Department.
2. Access to BWC , MVR, and all other department authorized recording
equipment recordings must be specifically authorized by this Policy, or by the
Chief of Police. The following access is authorized by this Policy:
a. An officer may access recordings made by their assigned BWC, MVR
or other department approved recording equipment for which an officer
has his or her own log-in credentials. An officer is permitted to access and
review recordings of an incident in which they were involved, prior to
preparing a report or making a statement about the incident, unless the
officer’s supervisor notifies the officer that access has been temporarily
restricted or prohibited.

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b. Additionally, BWC, MVR, and all other department authorized
recording equipment recordings may be viewed by, and copies provided
to: law enforcement officers conducting criminal investigations; members
of an officer’s chain of command (up to and including the Chief of
Police); attorneys within the Office of the Commonwealth’s Attorney and
the Office of the City Attorney; individuals conducting administrative
investigations at the request of the Chief of Police or the City Manager; or
other individuals, as required by law or as authorized by the Chief of
Police.
3. The Chief of Police, and supervisors, may access video recordings to
perform duties or obligations imposed on supervisors by this Policy, and to
create copies of recordings for use in a criminal or administrative investigations,
civil or criminal trials, or for mandatory or discretionary releases required by law
or authorized by the Chief of Police.
4. Officers tasked by the Chief of Police with performing accreditation
activities may access recordings and make copies for accreditation proofs.
5. Requests from individuals outside the Department seeking to view
recordings, and requests for copies of recordings, shall be submitted to the Chief
of Police for consideration and approval.
a. When a criminal prosecution is pending, the Chief of Police may
authorize a recording to be made available to the Commonwealth’s
Attorney for use as evidence within the criminal proceedings.
Thereafter, the Commonwealth’s Attorney shall use the recording, or
disseminate copies of the recording, in accordance with applicable law
and the Rules of Criminal Procedure.

b. BWC, MVR, and all other department authorized recording equipment


recordings are criminal investigative files and are not subject to
mandatory public disclosure. However, a recording, or a portion of a
recording, may be disclosed by the Chief of Police in their discretion
(“discretionary release”).

c. If the Chief of Police is requested to approve a discretionary release of


a recording, the Chief may request the person to whom the release will
be given to enter into a written agreement restricting the use and further
dissemination of the recording, or agreeing to the use of redaction
techniques to protect private or sensitive information. Such agreements
are appropriate mechanisms for protecting inividuals’ personal
identifying information.

H. Retention of Recordings
1. BWC, MVR, and all other department authorized recording equipment
recordings will be securely stored in accordance with applicable record retention

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schedules published by the Library of Virginia and in accordance with
requirements of the Virginia Public Records Act.
2. Once a recording is made, no officer shall edit, alter, delete or erase the
recording or any portion of the recording and the original recording shall be
retained, as made, for the duration of the applicable record retention schedule.
3. Officers may submit to the Chief of Police a written request that copies of a
BWC, MVR and all other department authorized recording equipment recordings
be made and edited, altered, or redacted to protect matters that are not within the
definition of a “public record”, or matters that are not subject to public disclosure
(e.g., accidental recording of an officer’s personal information, not related in any
way to the performance of work duties; accidental recording of a conversation
with a confidential informant, etc.). Prior to granting any such request the Chief
of Police shall consult with the City Attorney’s office, and will review records
and retention schedules issued by the Library of Virginia to determine the
retention period that would apply to the redacted recording. All such requests,
and the Chief’s decisions, shall be kept on file concurrently with the edited,
altered or redacted recording. Edits, alterations and redactions shall be made by
an independent contractor engaged by the Chief of Police for that purpose.
4. Upon receipt of notice of possible litigation involving the action(s) which are
the subject of any BWC, MVR and all other department authorized recording
equipment recording(s), the Chief of Police shall direct appropriate staff to
categorize the recording(s) so that they will be retained indefinitely until the
threat of litigation has been resolved, or actual litigation has been completed.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 45-18


CITY CAMERA SECURITY SYSTEM Date: July 28, 2020
VLEPSC Number: Non-Standard Manual Number: 541.11
Replaces: Effective Date: 07/ 28/ 2020
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department recognizes the need for all of it’s citizens and
visitors to be provided with a safe and secure environment while in the City of
Charlottesville. The Charlottesville Police Department alongside the City of
Charlottesville’s Department of Information and Technology has established a camera
security system throughout numerous areas of the City of Charlottesville to use as a tool
in assisting in the prevention of crime as well as assist in the solving of crimes
committed.

II. PURPOSE

This policy is intended to provide officers of the Charlottesville Police Department with
guidance on the usage of the City’s camera security system and to establish the instances
on which the cameras may be utilized.

III. DEFINITIONS

A. Ocularis : is the software used to record and store the video

IV. PROCEDURE
A. Responsibility
1. The City of Charlottesville Physical Security Specialist is responsible for, but
not limited to the following:
a. serving as the liaison between the Police Department and the
Department of Information and Technology;
b. maintaining and regularly updating a list of all individuals who have
been given access to the Ocularis System. This includes notifying the
Department of Information and Technology when an employee who
has access seperates from their employment; and
c. coordinating with Department of Information and Technology with

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random evaluations of existing camera locations and new camera
locations as needed, to ensure the security needs of the city are met.
d. The City of Charlottesville’s Department of Information and
Technology are responsible for purchasing, maintaining and
conducting repairs to all the cameras.
e. Any malfunctions of the cameras observed by authorized users will be
immediately reported to the City of Charlottesville Physical Security
Specialist.

B. Access and Training


1. The Chief of Police will have authority on who will have access to the
Ocularis System.
2. Prior to being authorized to access the security cameras and footage therein,
all authorized user’s will be required to attend an authorized training course
provided by the City’s Department of Information and Technology.
3. Officers are prohibited from tampering with or attempting repairs to
any cameras.

C. Usage
1. All security cameras have the capability of recording for 24 hours, 7 days a
week. Access to footage will be available for 14 days. Any recordings older than
14 days will no longer be available.
2. Security cameras are not commonly monitored under normal operating
conditions, but may be monitored by designated CPD personel for legitimate
safety and security purposes to include, but are not limited to: monitoring
restricted access areas/locations, monitoring traffic for special events, conducting
criminal investigations, and enhancing response of public safety agencies such as
police, fire, and emergency medical services.
3. Unauthorized use of the security cameras or their equipment may result in
disciplinary action.
D. Retrieval, Dissemination and Storage of Recordings
1. All recordings that are downloaded from the Ocularis System will be treated
as any other evidence. (Refer to General Order 563.00)
2. It is the policy of this Department that the recordings generated by the
Ocularis System is the property of the Charlottesville Police Department.
3. Any request made by members of this Department to view and/or retrieve
video footage shall be made via email or memo submitted to their appropriate
shift or bureau commander. The request shall then be forwarded to the
Charlottesville City Physical Security Specialist. The request should state the
pupose for which the video is being sought and the date and time frame of video.

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4. Authorized personnel receiving copies of footage are not to duplicate footage
or any part thereof unless authorized to do so by the Chief of Police.
5. Commonwealth Attorney or Assistant Commonwealth Attorneys may request
copies of footage by submitting a request to the Charlottesville City Physical
Security Specialist.
6. Requests from other law enforcement agencies shall be made on their official
departmental letterhead and signed by their Department head.
7. Attempts to produce unauthorized recordings may result in disciplinary action.

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 110-00


PROFESSIONAL TRAFFIC STOPS Date: October 31, 2019
VLEPSC Number: OPR.07.04, ADM.02.05 Manual Number: 541.18
Effective Date: Oct. 31, 2019
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE
The purpose of this directive is to provide guidelines for the execution of traffic stops
while maintaining safety, avoiding bias and gaining respect.

II. POLICY

It shall be the policy of the Charlottesville Police Department to patrol in a proactive


manner, to aggressively investigate suspicious persons and circumstances and to actively
enforce the motor vehicle laws of the City of Charlottesville and the Commonwealth of
Virginia. The Charlottesville Police Department insists that citizens will only be stopped
or detained when there exists reasonable suspicion to believe that they have committed,
are committing, or are about to commit a violation of the law. Our objective is to arrest
the problems as well as the offenders and to reduce crime and the fear of crime.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 76-99


TRAFFIC - SPEED ENFORCEMENT Date: June 18, 2018
VLEPSC Number: OPR.07.03 Manual Number: 541.20
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
It is the policy of this agency that each radar operator follows the operational guidelines
set forth by state law and the National Highway Traffic Safety Administration (NHTSA)
II. PURPOSE
The purpose of this policy is to establish procedures and guidelines for the operation of
speed measuring devices.
III. PROCEDURE
A. RADAR
1. The tolerance policy concerning speed violations will be closely followed when a
summons is issued or an arrest is made whether the violator is either checked by
RADAR or by a pace method.
2. The summons should reflect the exact speed indicated by the RADAR. If a
summons is issued as the result of a speed checked by RADAR, it should reflect
the following examples:
a. Stationary Mode – Speeding 61/45 MPH Zone (RADAR); and
b. Moving Mode - Speeding 61/45 MPH Zone (M-RADAR)
3. Each officer may complete a radar enforcement activity log that identifies the
radar set operated and the vehicle utilized in the enforcement. This document
should reflect two entries as to the testing of the radar set; at the beginning of the
shift enforcement and at the conclusion of the shift enforcement. If a radar log is
not used, it is the responsibility of the user to document the vehicle operated,
radar unit number, and tuning fork numbers for court purposes.
4. RADAR, when used in the moving mode or stationary mode, will be checked for
accuracy by the operator with the tuning forks provided before and after each
traffic stop. Additionally, at the beginning and end of each shift, the operator will
also check the following:

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a. internal circuit test;
b. light segment test;
c. 35-MPH tuning fork in the stationary mode;
d. 65 MPH tuning fork in the stationary mode;
e. both tuning forks in the moving mode; and
f. speedometer comparisons in verify mode at speeds of 25, 35, 45, 55
MPH.
5. The antenna (RF head assembly) of the RADAR, when used in the stationary
mode, will be placed so that the path of the RADAR beam is unobstructed over
the effective range of the instrument. If the antenna shall be positioned so that
consistent and stable readings will be displayed when vehicles pass through the
area covered by the beam.
6. RADAR equipment when used in the stationary mode may be used to check the
speed of vehicles traveling in :
a. either direction on two lanes;
b. either direction of three lane highways;
c. the same direction in no more than four adjacent lanes of a divided
highway; and
d. the same direction in two adjacent lanes of a four lane undivided
highway.
7. RADAR equipment, when used in the moving mode, may be used to check the
speed of a vehicle approaching/receding:
a. on two lane highways;
b. in either lane of three lane highways;
c. in either lane of four lane undivided highways; and
d. in either lane of divided highways, if conditions permit.
The antennas of all radar sets will be aimed straight ahead.
8. The automatic lock, manual lock, and highest speed lock features on the RADAR
units will not be used when the speed of a violator is displayed or while the
RADAR is being used for enforcement purposes.
9. The RADAR equipment will not be operated for enforcement purposes when the
low voltage indicator is visible.
10. Care should be exercised when handling and transporting the RADAR devices.
Display units will be left on the dash of each patrol vehicle and antennas that have
window mounts will not be left outside when not in use.
11. Positive identification of a target vehicle and visual confirmation of the speed
displayed by the RADAR is imperative. Whenever a doubt arises concerning the

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correct speed or identification of a vehicle that is checked by RADAR, the case
should be handled as any other case where the evidence is insufficient to warrant
an arrest.
12. If the RADAR fails to pass the test for accuracy as set forth in III.A.4 or if it fails
to perform satisfactorily, it shall be removed from service and notification shall be
made to the Traffic Unit supervisor in writing containing the following
information:
a. Unit Identification Number; and
b. specific problem.
13. No arrest will be made when a target vehicle speed is obtained under the
following conditions:
a. the patrol vehicle is exceeding the posted speed limit;
b. the patrol car is obviously accelerating or slowing down;
c. the RADAR is not set in the proper mode for the operation being
conducted;
d. the audio feature on the RADAR is not being used; and
e. while any radio transmitter in the vehicle is being operated.
14. Power to RADAR equipment will not be turned “off” and then “on” when a target
vehicle is approaching in an effort to defeat radar detection.
15. If a technical or expert testimony is needed for court, the officer should notify the
Traffic Unit supervisor at least three (3) weeks prior to the trial date.
Arrangements will be made to have an expert testify in court.
16. RADAR tuning forks are submitted for calibration test every six months. Vehicle
calibrations are conducted every six months. The Traffic unit supervisor shall be
responsible for maintaining certificates of accuracy, and maintenance records on
all radar equipment.
17. During falling precipitation the antenna (RF head assembly) of the RADAR will
be removed from the outside of the vehicle and placed inside the vehicle
safeguarding it until weather conditions permit the mounting of the antenna
outside the vehicle.
18. No member shall operate RADAR without having completed a Department
approved training course, which meets the minimum standards required by the
Commonwealth of Virginia.
B. Laser Speed Enforcement
1. Laser Speed Determination Devices are to be utilized by Department
personnel for patrol functions and selective enforcement actions.
2. Officers utilizing the laser must have a current laser certification.
3. The device will be operated in compliance with the manufacturer’s
instructions.

GO 541.20 – Traffic Speed Enforcement 3


Rev: 06/18/18
4. The operator of the laser will not use the device if the operator has a concern
for his/her safety. Safety of the operator will at all times outweigh the need to
deploy the laser speed determination device.
5. Officers shall conduct a tracking history to include:
a. visual estimate of speed;
b. audio tracking; and
c. laser’s digital display of speed.
6. When Driving, the laser unit shall be secured to prevent damage.
7. TESTING
a. The laser test site in the Police Department parking garage has two
pillars that have been surveyed by a licensed surveyor and the
notarized certificate will be placed and secured, in the traffic unit
office
b. Each laser will be tested every 6 months and the certificate will be
placed and secured, in the traffic unit office.
c. The Laser instrument shall be tested at the beginning and end of the
operator’s shift.
d. Testing procedures vary according to manufacturer. If the
manufacturer’s testing instructions differ from the testing procedures
listed, then the manufacturer’s instructions will be followed.
e. Unless the manufacturer’s testing instructions differ, the following
testing procedures for the laser speed instrument will be followed:
I. the operator will observe the self-test at power-up and ensure
the unit passes;
II. the operator shall ensure that all segments of the LCD are
functioning;
III. the operator shall perform a Distance Check Test by
performing the following test, chosen from the test menu;
IV. stand at the position at the police parking garage entrance
marked for the Laser distance calibration check and place the
instrument in the marked position on the door frame;
V. the operator shall aim the laser at the farthest marked pillar in
the garage and note the distance. The reading shall be accurate
to within one foot, plus or minus; and
VI. the operator shall then aim the laser at the nearest marked pillar
in the garage and note that distance. The reading shall be
accurate to within one foot, plus or minus as well.

GO 541.20 – Traffic Speed Enforcement 4


Rev: 06/18/18
f. If the device fails any of the above tests or demonstrates other apparent
malfunctions, it shall be taken out of service until it is serviced and
returned to working order.
C. RADAR Detectors
1. Virginia Code Section 46.2-1079 makes it unlawful for any person to operate a
motor vehicle on the highways of the Commonwealth of Virginia when the
vehicle is equipped with a RADAR detector.
2. An Attorney General’s Opinion rendered June 13, 1978, identifies the minimum
action that should be taken by the police officer that observes a RADAR detection
device in a motor vehicle being operated on the highways in order to prove his or
her case. These actions include the following:
a. determine that the vehicle has an available power source to which the
detector can be connected, i.e., adapted cigarette lighter or other electrical
connection;
b. determine that the detector device was available (not disabled
operationally or locked in a trunk or elsewhere unavailable for use);
c. plug the detector into the power source and determine that it is
activated;
d. test the device in front of RADAR, preferably at the scene, if possible,
but if it is not possible at the scene, test the device in front of active
RADAR before the trial date to determine that the RADAR activates the
detector device; and
e. present the foregoing proof along with any other pertinent facts
necessary to establish that the accused operated a motor vehicle equipped
with a device to detect police RADAR that is used for measuring the
speed of motor vehicles.
All Officers should follow the above RADAR detector procedure when
enforcement action is taken for violation of Virginia Code Section 46.2-1079.
D. Vehicle Pace Method of Speed Enforcement
1. Officers who take enforcement action in the moving mode without the assistance
of RADAR shall observe the excessive speed infraction, pace the speeding
vehicle and make an independent estimate of the vehicle’s speed.
2. The officer, keeping pace with the speeding vehicle, shall compare his
independent visual speed estimate with the speed that is displayed on the police
vehicle’s calibrated speedometer.
3. The officer may initiate enforcement action when the calibrated speedometer
reading confirms the officer’s independent visual estimate of the speeding
violation.
4. Officers shall not take enforcement action when their patrol vehicle is not
equipped with a calibrated speedometer.

GO 541.20 – Traffic Speed Enforcement 5


Rev: 06/18/18
GO 541.20 – Traffic Speed Enforcement 6
Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 111-00


JUVENILE UNLICENSED OPERATION OF A MOTOR
VEHICLE Date: June 18, 2018

VLEPSC Number: Non-Standard Manual Number: 541.22


Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. PURPOSE
The purpose of this directive is to establish Department procedures to be used when an
unlicensed juvenile operator is found to be driving a motor vehicle on a public roadway.

II. PROCEDURE
A. When an officer’s roadway traffic stop investigation finds a juvenile to be driving a
motor vehicle without being a duly licensed operator the officer shall make every
effort to identify and interview the owner of the vehicle.
1. In those cases where the unlicensed juvenile operator is suspected to be driving
the motor vehicle without the permission of the vehicle’s owner or custodian, the
officer shall make a reasonable effort to contact the vehicle’s owner or custodian
to verify the circumstances in which the juvenile came into possession of the
vehicle, including if the vehicle was taken with or without the vehicle owner’s or
custodian’s permission.
2. When the investigating officer has a reasonable suspicion that the unlicensed
juvenile was operating the motor vehicle with the permission of the vehicle’s
owner or custodian, the officer shall be required to make a reasonable effort to
locate and interview the owner/custodian to develop probable cause for further
police action.
3. Should an unlicensed juvenile, who is in possession of a valid learner’s permit, be
found to be operating a motor outside of the learner permit’s restrictions the
investigating officer shall make a reasonable effort to locate and interview the
owner/custodian of the vehicle to develop probable cause for further police action.
B. Enforcement Action
Incidents involving unlicensed juvenile drivers shall be thoroughly investigated, will
require the preparation of an Incident Case Report and shall be documented in the
RMS system. Documentation will provide a retrievable record of similar past
conduct.
GO 541.22 – Juvenile Unlicensed Operation of a Motor Vehicle 1
Rev: 06/18/18
1. Police officers have a range of enforcement action that may be taken in regard to
an unlicensed juvenile driver. Officers shall not routinely release the unlicensed
juvenile to their parent or guardian with counseling, unless such action is
appropriate under the totality of the circumstances.
2. Appropriate enforcement shall include:
a. released to parent/guardian with counseling;
b. issue of traffic summons; or
c. petition to Juvenile Domestic Relations Court
3. When the totality of the officer’s investigation justifies probable cause for a
charge of Code Section 18.2-102, Unauthorized Use of Animal, Aircraft, Vehicle
or Boat, the unlicensed juvenile should be petitioned into JDR Court through the
established Department procedure.
4. When an officer investigates the unlicensed juvenile operation of a motor vehicle
he or she should issue traffic summons to the unlicensed juvenile operator
(Virginia Code Section 46.2-300, Driving Without a Licensed Prohibited).
Further, when the officer develops probable cause to believe the motor vehicle
was being operated with the consent of its owner or custodian the officer may
charge that person with Virginia Code Section 18.2-371, Causing or Encouraging
acts rendering children delinquent, abuse, etc.
5. After considering the totality of the circumstances in specific restricted incident of
“joyriding” involving the operation of a parent’s or guardian’s vehicle, officers
can release the unlicensed juvenile driver to that parent or guardian with
counseling. However, officers shall be cautious in their use of discretion and not
consider this option without the proper justification.
6. When investigating a juvenile operating a motor vehicle outside his/her learners
permit restrictions and having no probable cause for additional charges, officers
may issue a traffic summons or release the juvenile with a department warning
ticket. If a summons is issued, a notation should be made on the summons that
the unlicensed operation occurred while driving outside the permit’s restriction.
In addition, and when appropriate, the officer shall prepare a traffic memo and
forward it to the prosecutor advising the case to be a simple traffic violation.
C. Release of unlicensed juvenile and automobile.
1. When practicable, an unlicensed juvenile operator shall be released to his or her
parent or guardian with an explanation of the traffic stop incident and any
accompanying court action.
a. The juvenile may be taken home to his/her parent or guardian or when the
distance prevents, brought to the police station to await their arrival.
b. When an Officer’s enforcement action requires referral to the JDR Court such
referral shall be made according to Department procedure, which shall include
the evening intake service available through the Juvenile Court Assessment
Center.
GO 541.22 – Juvenile Unlicensed Operation of a Motor Vehicle 2
Rev: 06/18/18
2. The Vehicle used in the unlicensed operation shall be left secured and legally
parked at the scene, unless circumstances dictate otherwise.

GO 541.22 – Juvenile Unlicensed Operation of a Motor Vehicle 3


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 77-99


EMERGENCY OPERATION OF POLICE VEHICLES Date: June 19, 2018
VLEPSC Number: OPR.01.01 thru OPR.01.04, OPR.01.09,
Manual Number: 541.25
OPR.07.09
Effective Date: 06/19/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
All personnel operating department vehicles shall exercise due regard for the
safety of all persons. Members of the department who operate department
vehicles will strictly adhere to existing state and local statutes and this policy.
Particular attention will be focused on responding to calls for service. Officers
engaged in emergency vehicle operations shall utilize both the audible (siren) and
visual (emergency lights) emergency warning equipment while engaged in
response to emergency calls for service in accordance with 46.2-920 of the Code
of Virginia.
II. PURPOSE
To establish guidelines governing the operation of police vehicles, with special
attention to response to emergency calls for service.
III. DEFINITIONS
A. ECC- Emergency Communications Center

B. ECC Priority 1- Requires the immediate presence of police due to imminent


threat to life or of serious injury, potential for significant property damage, or
serious disruption of the peace. An emergency response is generally explained
by ECC.
C. ECC Priority 2- Requires the presence of police as soon as possible. An
emergency response is at the discretion of the officer.
D. ECC Priority 3- Does not require the immediate presence of police, but
response when a unit is available. No emergency is response is required.

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
E. Emergency Response – a situation in which the physical safety and the well
being of an individual is directly jeopardized.

IV. Applicable Virginia Law

§ 46.2-920. Certain vehicles exempt from regulations in certain situations;


exceptions and additional requirements.

A. The driver of any emergency vehicle, when such vehicle is being used in the
performance of public services, and when such vehicle is operated under
emergency conditions, may, without subjecting himself to criminal prosecution:

1. Disregard speed limits, while having due regard for safety of persons
and property;

2. Proceed past any steady or flashing red signal, traffic light, stop sign, or
device indicating moving traffic shall stop if the speed of the vehicle is
sufficiently reduced to enable it to passa signal, traffic light, or device with
due regard to the safety of persons and property;

3. Park or stop notwithstanding the other provisions of this chapter;

4. Disregard regulations governing a direction of movement of vehicles


turning in specified directions so long as the operator does not endanger
life or property;

5. Pass or overtake, with due regard to the safety of persons and property,
another vehicle at any intersection;

6. Pass or overtake with due regard to the safety of persons and property,
while en route to an emergency, stopped or slow-moving vehicles, by
going to the left of the stopped or slow-moving vehicle either in a no-
passing zone or by crossing the highway centerline; or

7. Pass or overtake with due regard to the safety of persons and property,
while en route to an emergency, stopped or slow-moving vehicles, by
going off the paved or main traveled portion of the roadway on the right.
Notwithstanding other provisions of this section, vehicles exempted in this
instance will not be required to sound a siren or any device to give
automatically intermittent signals.

B. The exemptions granted to emergency vehicles by subsection A in subdivisions


A1, A3, A4, A5, and A6 shall apply only when the operator of such vehicle
2

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
displays a flashing, blinking, or alternating emergency light or lights as provided
in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horn
designed to give automatically intermittent signals, as may be reasonably
necessary. The exemption granted under subdivision A 2 shall apply only when
the operator of such emergency vehicle displays a flashing, blinking, or
alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023
and either (a) sounds a siren, exhaust whistle, or air horn designed to give
automatically intermittent signals or (b) slows the vehicle down to a speed
reasonable for the existing conditions, yields right-of-way to the driver of another
vehicle approaching or entering the intersection from another direction or, if
required for safety, brings the vehicle to a complete stop before proceeding with
due regard for the safety of persons and property. In addition, the exemptions
granted to emergency vehicles by subsection A shall apply only when there is in
force and effect for such vehicle either (i) standard motor vehicle liability
insurance covering injury or death to any person in the sum of at least $100,000
because of bodily injury to or death of one person in any one accident and, subject
to the limit for one person, to a limit of $300,000 because of bodily injury to or
death of two or more persons in any one accident, and to a limit of $20,000
because of injury to or destruction of property of others in any one accident or (ii)
a certificate of self-insurance issued pursuant to § 46.2-368. Such exemptions
shall not, however, protect the operator of any such vehicle from criminal
prosecution for conduct constituting reckless disregard of the safety of persons
and property. Nothing in this section shall release the operator of any such vehicle
from civil liability for failure to use reasonable care in such operation.

C. For the purposes of this section, the term "emergency vehicle" shall mean:

1. Any law-enforcement vehicle operated by or under the direction of a


federal, state, or local law-enforcement officer (i) in the chase or
apprehension of violators of the law or persons charged with or suspected
of any such violation or (ii) in response to an emergency call;

2. Any regional detention center vehicle operated by or under the direction


of a correctional officer responding to an emergency call or operating in
an emergency situation;

3. Any vehicle used to fight fire, including publicly owned state forest
warden vehicles, when traveling in response to a fire alarm or emergency
call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for the


principal purpose of supplying resuscitation or emergency relief where
human life is endangered;

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
5. Any Department of Emergency Management vehicle or Office of
Emergency Medical Services vehicle, when responding to an emergency
call or operating in an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of


the Department of Corrections, when (i) responding to an emergency call
at a correctional facility, (ii) participating in a drug-related investigation,
(iii) pursuing escapees from a correctional facility, or (iv) responding to a
request for assistance from a law-enforcement officer;

7. Any vehicle authorized to be equipped with alternating, blinking, or


flashing red or red and white secondary warning lights under the
provisions of § 46.2-1029.2; and

8. Any Virginia National Guard Civil Support Team vehicle when


responding to an emergency.

D. Any law-enforcement vehicle operated by or under the direction of a federal,


state, or local law-enforcement officer may disregard speed limits, while having
due regard for safety of persons and property, (i) in testing the accuracy of
speedometers of such vehicles, (ii) in testing the accuracy of speed measuring
devices specified in § 46.2-882, or (iii) in following another vehicle for the
purpose of determining its speed.

E. A Department of Environmental Quality vehicle, while en route to an


emergency and with due regard to the safety of persons and property, may
overtake and pass stopped or slow-moving vehicles by going off the paved or
main traveled portion of the highway on the right or on the left. These Department
of Environmental Quality vehicles shall not be required to sound a siren or any
device to give automatically intermittent signals, but shall display red or red and
white warning lights when performing such maneuvers.

F. Any law-enforcement vehicle operated by or under the direction of a federal,


state, or local law-enforcement officer while conducting a funeral escort, wide-
load escort, dignitary escort, or any other escort necessary for the safe movement
of vehicles and pedestrians may, without subjecting himself to criminal
prosecution:

1. Disregard speed limits, while having due regard for safety of persons
and property;

2. Proceed past any steady or flashing red signal, traffic light, stop sign, or
device indicating moving traffic shall stop if the speed of the vehicle is
sufficiently reduced to enable it to pass a signal, traffic light, or device
with due regard for the safety of persons and property;
4

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
3. Park or stop notwithstanding the other provisions of this chapter;

4. Disregard regulations governing a direction of movement of vehicles


turning in specified directions so long as the operator does not endanger
life or property; or

5. Pass or overtake, with due regard for the safety of persons and property,
another vehicle.

Notwithstanding other provisions of this section, vehicles exempted in this


subsection may sound a siren or any device to give automatically intermittent
signals.

IV. PROCEDURE
When an officer is assigned calls for service, the following response guidelines
shall be used: Priority 1, Priority 2 and Priority 3. Priorities are determined by
ECC in accordance with their policy.
A. ECC Priority 1 (Emergency Response)
1. Includes all calls that meet the following ECC criteria:
a. there is imminent threat to life or of serious injury;
b. the incident is violent or involves a weapon; the incident has the
potential to become violent;
c. the suspect in a serious incident is still on the scene or in the
immediate area;
d. there is potential for significant property damage; and/or
e. the incident may cause serious disruption of the peace.
f. ECC Priority 1 calls may be in progress or may have just occurred.
i. ECC Priority 1 calls that already have occurred may include
incidents where evidence may be disturbed or lost without
immediate response.
ii. ECC Priority 1 calls may include but are not limited to murder,
rape, aggravated assault, assaults in progress, motor vehicle
accidents with personal injury, shots fired, officer needs
assistance, any threats involving weapons, missing juveniles
under age 10, bomb threats, major fires and vicious animals
that pose a direct threat to life.
2. Emergency response is the activation of emergency equipment traveling at
the maximum safe speed taking into consideration time of day, traffic
5

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
volume, and road and weather conditions. During emergency response
officers may disregard traffic laws in accordance with and limited to the
Code of Virginia 46.2-920 and departmental policy.

B. ECC Priority 2 (Immediate Response)


1. ECC Priority 2 calls include other crimes in progress or that have just
occurred that do not meet the criteria listed for ECC Priority 1.
2. An immediate response may require activation of emergency equipment.
Officers responding to ECC Priority 2 calls respond in emergency mode
at their discretion based on the likelihood of injury or of violence.
C. ECC Priority 3 (Standard Response)
1. ECC Priority 3 calls do not require the immediate response of police;
however, the Shift Commander will be notified immediately if a call
must be held until a unit is available.
2. Standard response is a response that does not require an immediate
police presence and does not require the activation of emergency
equipment. Officers responding to Priority 3 calls will obey all traffic
laws.
D. Shift Commanders can, at their discretion, alter priorities as assigned by
ECC.

E. Non-Emergency and Emergency Response to Calls for Service.


1. Police officers shall respond to non-emergency assignment or incidents
in a safe, expeditious manner. The highly visible nature of marked police
vehicles makes it imperative that officers always operate them in a safe,
courteous manner while obeying traffic laws and ordinances. Officers
are reminded that they must comply with traffic laws or ordinances
unless they are operating under emergency conditions in accordance with
Virginia code section 46.2.920. (See paragraph B, below)

2. Emergency operation of a vehicle is justified when the immediate


presence of a police officer is required in order to protect a person from
possible death or injury, or where pursuit to stop a vehicle is deemed
necessary due to the nature of the violation or suspected violation by the
driver or occupants. While operating a police unit under such emergency
conditions, officers may disregard certain traffic regulations as authorized
by 46.2-920, in the Code of Virginia. (See paragraph B, below) Nothing
shall be construed to release the operator of such vehicle from civil
liability for failure to use reasonable care in such operation. The safety of
the public and the police officer must be the primary concern in
6

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
emergency and pursuit responses.

3. Members of the Department who operate department vehicles and the


passengers of Department vehicles will use the safety restraining devices
in the vehicles, except under the provisions listed in 46.2-1094 of the
Code of Virginia. Safety restraining devices will always be worn when
operating departmental vehicles under emergency response conditions.

F. Response Procedures to Emergency Calls


1. An officer shall exercise reasonable care, using a due regard for the safety
of the public and the officer. Some factors to consider when responding to
an emergency assignment are; weather road conditions, time of day,
location of pursuit, pedestrian and vehicular traffic, etc. This directive
establishes that the police vans shall continue to obey the posted speed
limit.

2. While operating as an emergency vehicle, which can be marked or


unmarked vehicles, an officer is temporarily relieved of the obligation to
comply with certain traffic regulations (with due regard to the safety of
persons and property); however, both the siren and emergency light(s)
must be operational and continuously activated. The use of either the
emergency light(s) or siren alone does not qualify the vehicle as an
emergency vehicle. Alternately flashing headlights, as described in 46.2-
1029.1, in the Code of Virginia, may also be used during emergency
response except when the use of headlights are required by 46.2-1030.
Each officer should familiarize himself with the specific traffic laws that
are listed with VA Code 46.2-290.

3. All units responding to an in progress call (e.g. robbery burglary, etc),


prior to coming within hearing or sight distance of the location may
consider discontinuing the use of siren, emergency lights, or both, if
continuing activation might jeopardize the safety of any person (including
the responding officers) or property, or might otherwise jeopardize the
success of the police response to the call. Officers shall keep in mind;
however, that turning off either the siren or emergency lights will require
the vehicle to be operated in accordance with all traffic laws.

4. Four-way emergency flashers shall not be used as emergency response


equipment on any police vehicles, marked or unmarked, during an
emergency response. Activation of four-way flashers prevents the use of
turn signals and therefore could confuse other motorists during emergency
responses.

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
5. All department vehicles responding to emergency calls or responding to
the area to assist shall maintain radio communication with the Emergency
Communication Center.

6. The driver of the police vehicle should have the driver’s side window
down far enough to hear other sirens and traffic warning signals.

7. Police vehicles should yield to all ambulances and fire equipment


operating under emergency conditions.

8. Police vehicles shall yield to school buses stopping or stopped for the
purpose of discharging or picking up students. The officer shall remain
stopped until such time as the driver of the school bus has assured him/her
that it is safe to proceed. The officer will check to make sure no students
are about to cross or who is in a position that would endanger them should
the emergency vehicle proceed.

GO 541.25 Emergency Operation of Police Vehicles


06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 04-15


VEHICLE PURSUIT POLICY Date: November 22, 2019
VLEPSC Number: OPR.01.01 thru OPR.01.04, OPR.01.09,
Manual Number: 541.27
OPR.07.09
Effective Date: 11/22/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
All personnel operating department vehicles shall exercise due regard for the
safety of all persons. Members of the department who operate department
vehicles will strictly adhere to existing state and local statutes and this policy.
Particular attention will be focused on engaging in vehicle pursuits. Officers
engaged in emergency vehicle operations shall utilize both the audible (siren) and
visual (emergency lights) emergency warning equipment while engaged in
vehicle pursuits or overtaking a vehicle in accordance with 46.2-920 of the Code
of Virginia. When using a department vehicle in emergency operations, pursuing
officers and supervisors must justify their actions and, once they have decided to
pursue, continue to evaluate the safety of their actions.
II. PURPOSE
To establish guidelines governing the operation of police vehicles, with special
attention to pursuits.

A limited number of the enclosed City of Charlottesville Police Department


General Orders have been redacted. The redactions ensure that that Police
Department’s operational and tactical responses are withheld for community
and Officer Safety (e.g., bank alarm response, response to an active threat, and
Tactical Operations).

1
GO 541.27 Vehicle Pursuit
Rev. 11/22/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 92-99


DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS Date: July 13, 2019

VLEPSC Number: OPR.07.03 Manual Number: 541.31


Effective Date: 07/13/19
Follow-up Date: As
Authorization: Chief R.M. Brackney
Needed

I. POLICY
It is the policy of this Department to actively and aggressively enforce the laws of the
Commonwealth that prohibit the operation of motor vehicles while under the influence of
alcohol or drugs.
When an officer observes a vehicle being operated in such a manner as to give the officer
reasonable and articulable suspicion that the operator of the vehicle may be under the
influence of either alcohol or drugs, it is that officer’s responsibility to stop the vehicle
and investigate further. In addition, if an officer at the scene of an automobile accident or
during a traffic stop observes that the operator of the involved vehicle may be under the
influence of alcohol or drugs, the officer shall investigate further.

II. PURPOSE
The purpose of this directive is to establish the Department’s policy regarding Driving
Under the Influence of Alcohol (DUI)/ Driving Under the Influence of Drugs (DUID)
enforcement and driver license sobriety check points.

III. DEFINITION

Chief Police Officer - For the purpose of the directive the “chief police officer” shall be
the Shift Commander.

Gender – the word “he” or any other word importing the masculine gender shall extend
and be applied to females as well as males.

IV. PROCEDURE
A. Driving Under the Influence of Alcohol (DUI)
An officer should arrest the operator of any motor vehicle, engine or train upon
probable cause to believe that the operator is under the influence of alcohol.

GO 541.31 – DUI/DUID 1
Rev: 07/13/19
1. Initial Contact With a Driver Suspected of Being DUI
a. Interview and observe the driver
i. Note any unusual odor, behavior, speech, etc.
ii. The driver should be asked if he has diabetes, other medical
problems (e.g. physical and/or mental), is taking insulin or any
other medication that might effect the drivers ability to operate
a motor vehicle.
b. Administer the standard field sobriety test and record the results.
c. Read the Advice of Rights to a Preliminary Breath Test (PBT), offer
the PBT, if available, as provided under Code section 18.2-267 and
record the results if given.
d. If there is probable cause to believe the subject is under the influence
of alcohol, as specified in Code sections 18.2-266, 18.2-266.1 or
46.2-341.24, the officer should place the suspect under arrest. The
officer will then read the arrestee the Implied Consent Law and the
Miranda Warnings if applicable and document the arrestee’s
decisions.
2. Implied Consent - if the offense of DUI has occurred on a highway, as defined
in Code section 46.2-100, the operator of the vehicle is deemed by such
highway operation, to have consented to the taking of his breath, blood or
both to determine the alcohol, drug or alcohol/drug level. For the Implied
Consent to be applicable, the officer will have to make an arrest for 18.2-266
or 18.2-266.1 or of a similar ordinance within three (3) hours of the alleged
offense. The officer should obtain a blood, breath or both blood and breath
sample as soon as possible after the arrest, but there are no specific time
restrictions. However, the more time that elapses from the arrest of the
alleged offense in obtaining a blood, breath, or both blood and breath sample,
the increase in litigation in court as to the accuracy of the test as it relates to
the levels of alcohol or drug content in the suspects body at that time of the
offense. (Code sections 18.2-268.2 and 46.2-341.26:2.)
a. When the DUI/DUID offense occurs on a public highway, the suspect
shall be advised of the options available under the Implied Consent
Statutes.
b. If the DUI/DUID offense occurs on private property, the suspect may
voluntarily submit to a chemical test, however the subject shall not be
advised of the provisions of “Implied Consent”.
c. If a subject is arrested and Implied Consent Statute is read, he shall
take the breath test, or if the breath test is unavailable or the person is
physically unable to submit to the breath test, the subject shall then
submit to the blood test. Refusal of the breath or blood test before a
magistrate shall cause an additional charge of Refusal Blood or
Breath Test in addition to the original DUI charge (Code section 18.2-
268.3).

GO 541.31 – DUI/DUID 2
Rev: 07/13/19
Note: Submission to a chemical test to determine the alcohol or drug content of a
person’s blood or breath is a civil process concerning the subject’s privilege to drive a
vehicle and not the right to drive a vehicle. Miranda warnings do not apply to verbal
decisions to submit to a chemical test under Implied Consent. However, after an
arrestee makes the decision to submit to a chemical test Miranda applies and the officer
shall warn the arrestee accordingly.
3. Arrest of subject for DUI.
a. Breath Tests
i. Secure the suspect’s vehicle or have the suspect’s vehicle
towed in accordance with Departmental policy.
ii. Transport the subject to either the Charlottesville/Albemarle
Jail (breath test) or the designated hospital emergency room
(blood test).
iii. If a breath test is to be administered and the arresting officer is
not a Breathalyzer Technician, advise ECC to have an
intoxilyzer operator dispatched to the
Charlottesville/Albemarle Jail breath testing room.
iv. The breath test shall be conducted in accordance with
procedures set forth by the Division of Forensic Science. After
the test result is received {whether the result of the test rises to
the level of legally intoxication or falls below the legal limit}
the subject shall be brought before the magistrate.
b. Blood Tests
i. If the circumstances require that a blood test be administered,
the officer shall take the arrestee to the designated hospital
emergency room to have a blood sample drawn in accordance
with the existing state law (Code section 18.2-268.6). The
vials shall be sealed by the person taking the sample or at his
direction. The person who seals the vials shall complete the
pre-numbered certificate of blood withdrawal forms and attach
one form to each vial. The completed withdrawal certificate for
each vial shall show the name of the suspect, the name of the
person taking the blood sample, the date and time the blood
sample was taken and information identifying the arresting or
accompanying officer. The vials shall be placed in a container
provided by the Division, and the container shall be sealed to
prevent tampering with the vials.
ii. A law enforcement officer shall take possession of the
container as soon as the vials are placed in such container and
sealed, and shall promptly mail the container from a U.S. Post
Office to the Division of Forensic Science.
iii. A completed Request for Laboratory Analysis (RFLE) form is
only necessary for DUID cases.
iv. After the blood samples have been drawn, the officer shall
obtain the necessary warrant(s) from the magistrate.

GO 541.31 – DUI/DUID 3
Rev: 07/13/19
c. In the event an offender is hospitalized and expected to remain in the
hospital for an extended period of time, nothing in this policy is
meant to preclude the issuance of a summons for DUI, DUID or
Refusal.
4. Driving Under the Influence of Drugs or Other Self-Administered Intoxicants
a. An officer can require that a subject submit to a blood test when
the:
i. officer has reasonable cause to believe that the operator of a
motor vehicle is under the influence of drugs or drugs and
alcohol (must follow guidelines of stated in the Implied Consent
Law);
ii. offense has occurred on a highway, per Code section 46.2-100;
and
iii. operator of the vehicle was arrested pursuant to Code section
18.2-266, 18.2-266.1 or a similar offense, and
arrest was within three (3) hours of the alleged offense.
b. Officers may develop reasonable suspicion to believe that an operator of
a motor vehicle is under the influence of drugs when he has observed
erratic or unsafe driving, and upon stopping the subject or upon arriving
at the scene of an accident, the officer observes physical impairment that
is absent any odor of an alcoholic beverage or other physical appearance
of alcohol consumption. Officers may also develop reasonable
suspicion of drug use from:
i. the physical appearance of the subject;
ii. the subject’s unusual behavior;
iii. statements made by the subject or witnesses; and
iv. finding drugs or drug paraphernalia on the subject or at the
scene.
c. When an officer arrests a suspect for DUID, the officer shall follow the
procedure stated in above section IV, A, 3, (b), as it pertains to DUI
arrests where a blood test is required. However, a variation will occur in
the packaging for mailing of the blood sample.
d. The mailing procedure for DUID blood sample is as follows:
i. The subject’s blood sample contained in the secure mailing box
with the pre-printed address label will be mailed First Class in
a suitable mailing envelope to the Division of Forensic
Science, Attention DUID. In addition to the subject’s blood
sample, the mailing envelop shall also contain:
ii. a completed and original Request for Laboratory Examination
form (DGS-70-001);

iii. one copy of the Division of Forensic Science Request for

GO 541.31 – DUI/DUID 4
Rev: 07/13/19
Laboratory Examination form (DFS-70-001).

5. Reporting requirements
a. All DUI/DUID arrests shall require an incident report containing the
following information:
i. time of stop;
ii. reason for stop;
iii. admission of consumption;
iv. field Sobriety Tests utilized and results;
v. preliminary Breath Test results (if applicable);
vi. time that Implied Consent was given (if applicable);
vii. time of arrest;
viii. BAC results; and
ix. date of any previous DUI/DUID.
b. If DUI/DUID was accident related the following information shall be
included on the incident worksheet as well:
i. time of accident;
ii. consumption since accident;
iii. admission of driver; and
iv. names/addresses/contact info for others involved or witnesses.

GO 541.31 – DUI/DUID 5
Rev: 07/13/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 101-00


ENFORCEMENT VEHICLES AND EQUIPMENT Date: June 18, 2018
VLEPSC Number: OPR.01.03, OPR.07.04 Manual Number: 541.35
Effective Date: 06/18/2018
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
The Charlottesville Police Department recognizes the roadway dangers involved in traffic
enforcement and is committed to public safety and to the safety of its officers who
routinely make traffic enforcement stops on the public highways.

II. PURPOSE
To establish Department guidelines for officers to use when initiating marked and
unmarked police vehicle traffic stops.

III. PROCEDURE
A. Marked Vehicle Usage
1. Officers shall drive a patrol vehicle in accordance with existing laws and in such a
manner as to demonstrate exemplary driving behavior. Extreme emergency
conditions will be the only exception to this practice.
2. The use of marked vehicles is intended to maximize the effectiveness of selective
roadway enforcement action with high police vehicle visibility. The police vehicle
should not be parked in such a manner as to impede the normal flow of traffic.
B. Unmarked Vehicle Usage
1. Unmarked vehicles may be used for traffic enforcement activity in Patrol Bureau
and the Traffic Unit. Unmarked vehicles may only be used for traffic enforcement
with the approval of the on duty Shift Commander or the Traffic Unit Supervisor.
2. When the need for special enforcement exists, unmarked cars may be used for
routine patrol in the same manner as marked cars. The on duty shift commander
must approve the use of an unmarked vehicle for routine patrol purposes.
3. Speed enforcement devices may be used in unmarked police cars.

GO 541.35 – Enforcement Vehicles and Equipment 1


Rev: 06/18/18
4. All unmarked vehicles used for traffic/patrol activities shall be equipped with
emergency lights, siren and a radio system that provides constant radio
communication.
5. When operating an unmarked vehicle for traffic enforcement purposes, the
uniform of the day (excluding utilities) will be worn.
a. Officers should realize that some motorists may not recognize an
unmarked law enforcement vehicle, or may be suspicious of the identity of
an unmarked police vehicle. Should a motorist fail to pull over at the
direction of an officer operating an unmarked vehicle, the officer will
request assistance from a marked unit.
b. If in the officer’s opinion following the violator with the unmarked
police vehicle’s emergency equipment on creates a hazard for other
motorists, the officer may:
i. turn off their emergency light and siren;
ii. follow the violator a reasonable distance; and
iii. not attempt to pull the offender to curbside until the assistance
from a requested marked police unit is present.

C. Sport Utility Vehicles (SUV)


1. Speed measurement devices may be utilized in a SUV.
2. None Police Packaged SUV’s will not engage in pursuits or high speed
maneuvers except to protect the life or safety of officers or others.
3. The SUV shall be equipped with emergency lights, siren and a radio system that
provides constant radio communication.
D. Use of Emergency Equipment for Traffic Enforcement
1. Emergency Blue Lights
a. The lights shall be used to signal violators to drive to the extreme right
of the roadway and stop.
Note: It may be necessary to utilize both blue lights and siren to effect the stop.
b. The emergency blue lights and amber directional arrow shall be used
any time the police vehicle is parked or stopped on the roadway for traffic
enforcement purposes.
c. The lights shall be used in compliance with the Code Sections 46.2-
920 and 46.2-1022 and Department policy.
d. The alternating (“wig-wag”) headlamp feature should be utilized any
time the emergency lights are activated, but shall not be used when the
headlights are required to be on, in accordance with the Code of Virginia.

GO 541.35 – Enforcement Vehicles and Equipment 2


Rev: 06/18/18
2. Siren
a. The siren will be used simultaneously with the vehicle’s emergency
lights. While operating as an emergency vehicle, which can be marked or
unmarked, the officer will be in compliance with 46.2-920 of the Code of
Virginia and other applicable Code sections.
3. Spotlight/Takedown Lights
a. The spotlight shall not be used in violation of state law (Code, 46.2-
1019)
i. Only approved spotlights will be used.
ii. Spotlights shall not be directed more than 100 feet ahead of
the vehicle.
iii. No portion of the spotlight will be directed to the left center of
the highway.
iv. Only in an emergency will a spotlight be used in conjunction
with or as a substitute for required headlights.

b. The spotlight or takedown lights should be used as protection to the


officer and assist in illumination during the presence of hazardous or
possible hazardous conditions. The following is an example of a
hazardous condition:
Following a known felon traffic stop, the spotlight/takedown lights should be
used to illuminate the interior of the violator’s vehicle so that all the
occupants may be kept within view. Officers shall exercise care in remaining
behind the spotlight/takedown lights so as not to be silhouetted.
c. The spotlight should not be used to signal violators to stop as it could
cause temporary blindness of the violator or other highway drivers.
4. Blue/Amber Directional Arrow/Flashing Blue/Amber Rear Light(s) for Parking
Enforcement
a. Personnel operating department vehicles while performing parking
enforcement duties shall utilize the rear-facing directional arrow or
flashing blue/amber warning light(s) if so equipped, when:
i. the enforcement vehicle is stopped in the lane of travel; and
ii. the enforcement vehicle is traveling below the posted speed
limit in the lane of travel while logging vehicles, etc.
5. Public Address System
a. The public address system can be particularly valuable when stopping
a traffic violator. The desired actions of the violator can be directed from
a safe distance, minimizing the hazard to the officer.
b. The public address system is also valuable in directing persons when
an usual situation exist. Examples include, evacuations in low lying areas

GO 541.35 – Enforcement Vehicles and Equipment 3


Rev: 06/18/18
of flooding, alerting pedestrians to hazardous conditions when “live”
power lines have fallen, etc.

GO 541.35 – Enforcement Vehicles and Equipment 4


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 03-01


TAKE-HOME VEHICLE PROGRAM Date: July 30, 2019
VLEPSC Number: Non-Standard Manual Number: 541.37
Effective Date: August 14, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Upon availability, under established guidelines, and with the approval of the
Chief of Police, police vehicles will be assigned to eligible officers within the
department as take-home vehicles. The use of a City vehicle is a privilege and
may be revoked, altered or suspended at any time by the Chief of Police based on
the operational needs of the Department, fiscal issues and continued eligibility of
the officer.
II. PURPOSE
The purpose of allowing take-home vehicle privileges is to promote and enhance
public safety within the City of Charlottesville through the increased presence of
police vehicles and decreased response times for those officers frequently called
out for emergency situations. The program will also expedite response in the
event of a citywide emergency as well as reduce vehicle replacement and
maintenance costs.
III. PROCEDURE
A. Eligibility
1. Assignment of take home vehicles will always be subject to the current
availability of vehicles and fiscal responsibility. For assignment purposes,
priority will be given to the operational needs of the department. The
Chief of Police will have final authority in determining operational
priorities and reasonable mileage restrictions. The Chief of Police will
designate which full-time sworn officers will be eligible for assignment of
a take-home vehicle.
a. All full-time sworn police officers designated by the Chief of
Police as eligible for assignment of a take-home vehicle must
meet and remain in compliance with the following criteria:
i. Have been released from employment probation;

General Order 541.37


Rev: 07/30/2019
ii. have had no more than one avoidable crash, as
determined by the Charlottesville Police Department
Accident Review Board, driving a take-home vehicle when
off-duty in the previous six (6) months;
iii. have received no more than one sustained Category B
or combination of Category A disciplinary violation(s)
within the previous twelve (12) months;
iv. have at least a satisfactory performance rating for the
last evaluation period;
v. have at least three years of service as a police officer
with the City of Charlottesville and live within the city
limits; or,
vi. have at least five years experience as a police officer
with the City of Charlottesville and live within thirty (30)
miles of the Charlottesville Police Department.
B. Guidelines
1. Assignment of a take-home vehicle shall be limited to officers who
meet the eligibility criteria set forth in this policy and who agree to park
the vehicles at their residence. The Chief of Police may approve
exceptions on an individual basis.
2. Violations of these provisions and directives, orders, or procedures
may subject the officer to disciplinary action and loss of their take home
vehicle privilege.
3. All policies, procedures and orders of the Charlottesville Police
Department and the City of Charlottesville that govern vehicle use shall,
unless specifically stated otherwise, apply to off-duty officers.
4. The use of a take-home vehicle shall be limited to transportation to and
from:
a. Police Department facilities to report for regular duty, police-
related meetings and other assigned police duties;
b. court;
c. vehicle maintenance and cleaning;
d. department approved activities;
e. neighborhood Association meetings and events;
f. approved police training;
g. physical training at a local facility; or,
h. local college courses.

General Order 541.37


Rev: 07/30/2019
6. Prohibitions - Officers will not use take-home vehicles:
a. To transport other persons except sworn members of the
Charlottesville Police Department or when necessary while
handling a police incident unless specific exception has been
granted by the Chief of Police. *If a specific exception is
requested, a release of liability waiver shall be completed and
approved by the Chief of Police. A signed Release of Liability is
required for a non-department member prior to travel;
b. to travel to, from or during off-duty employment unless
approved by the Division Commander;
c. after consuming alcoholic beverages; and
d. in a manner or at locations which may reflect negatively on the
Department.
7. Responsibilities of Assigned Officers – When using a take-home
vehicle off-duty, officers will:
a. Conduct themselves in a manner which reflects favorably on
the Department and their position as a police officer;
b. wear clothing that is appropriate for representing the
Department and conducting police business;
c. be armed with an issued weapon or an approved off-duty
weapon, carry handcuffs, badge and Department identification
card;
d. monitor police radio traffic; and
e. conduct regular safety inspections of the assigned vehicle.
8. Whenever an off-duty officer in a take-home vehicle becomes aware
of a call for service to which his or her immediate response may result in
the prevention of a crime or the apprehension of a suspect, that officer
shall, after advising the ECC and the on-duty patrol supervisor of their
proximity to the incident, respond. Off-duty officers who are cancelled by
the on-duty shift supervisor or ECC shall not respond.
9. Off-duty officers in take-home vehicles should not make traffic stops
for “traffic infractions” within the City of Charlottesville’s jurisdiction
unless the severity of the infraction and the hazard posed places an undue
significant risk to the public. If an officer makes a traffic stop for a traffic
infraction, the office must be in uniform pursuant to Virginia Code Section
19.2-78.
10. Officers are prohibited from making traffic stops outside the City of
Charlottesville’s jurisdiction for “traffic infractions”.
11. Officers may affect a stop outside the City of Charlottesville’s
jurisdiction when there is a clear and obvious danger to public safety.

General Order 541.37


Rev: 07/30/2019
When making stops outside the City of Charlottesville’s jurisdiction an
officer is acting as a private citizen and as such does not have the legal
protections afforded a police officer. An officer affecting such a stop is a
private citizen and is not acting in their official capacity as a
Charlottesville Police Department police officer. Under current law a
private citizen may make an arrest for felonies or serious breaches of the
peace pursuant to the Supreme Court of Virginia’s decision in Hudson v.
Commonwealth.
12. If an officer makes a stop outside of the City of Charlottesville’s
jurisdiction, they should first contact ECC to notify them of their current
location and have ECC relay that information to the proper jurisdiction.
13. If an officer is not in range to communicate the stop to ECC then a
stop should not be made.
14. After a vehicle is stopped, officers are only able to detain an individual
until an officer from the jurisdiction they are in arrives. Officers may not
investigate.
15. An off-duty officer in a take-home vehicle who encounters a traffic
crash or a disabled vehicle shall notify ECC and render whatever
assistance is required to stabilize the situation until an on-duty officer can
respond.
16. Officers who are on extended workers compensation, limited duty or
sick leave may have their take-home vehicle privileges suspended until
they return to normal duty—consideration shall be given on a case by case
basis.
17. Any damage to a take-home vehicle shall be reported to an on-duty
patrol supervisor immediately.
18. Unattended vehicles shall be locked at all times. Firearms that remain
in the vehicle shall be locked in the trunk.

C. Vehicle Maintenance
1. The cleanliness of take-home vehicles is the responsibility of the
assigned officer. Officers shall keep the interior clean and have the
exterior washed as needed.
2. Routine maintenance is the responsibility of the assigned officer.
Officers shall promptly make an appointment with the appropriate facility
when problems arise which require minor repairs.
3. Officers shall promptly make an appointment with the appropriate
facility when notified by a supervisor or by the Fleet Maintenance
Coordinator.
4. It is the responsibility of the officer to be sure that their assigned
vehicle is serviced at the proper location/business. Any questions about

General Order 541.37


Rev: 07/30/2019
where the vehicle shall be serviced shall be forwarded to the Fleet
Maintenance Coordinator.
5. The Fleet Maintenance Coordinator, a Division Commander or their
designee must approve any repairs other than normal minor repairs. The
request for repairs shall be forwarded through the officer’s chain of
command to the Fleet Maintenance Coordinator.
6. Cosmetic change, mechanical and/or electrical alteration to take-home
vehicles and the addition or removal of equipment is prohibited unless
authorized by a Division Commander or their designee.
7. All fueling shall take place at a City of Charlottesville Public vehicle
fueling facilities unless circumstances arise that require another source. An
on-duty supervisor must approve obtaining fuel at an alternate fuel source.
8. Supervisors will regularly conduct inspections of take-home vehicles
to ensure compliance with regulations.
D. Compensation
1. Off-duty officers who become involved in police actions shall
immediately notify the on-duty patrol supervisor and the ECC of their
location, the nature of the incident, and the fact that they are off-duty.
2. Off-duty officers who become involved in police actions shall receive
compensation at their standard overtime rate or shall receive
compensatory leave time.
3. The Chief of Police shall determine eligibility for compensation for an
off-duty police officer involved in a police action. The Chief of Police
may consult with the City Attorney or the Director of the Department of
Human Resources when making this determination.
4. Off-duty personnel who are injured while operating their assigned
take-home vehicle or while handling a police incident as a result of
operating their take-home vehicle shall immediately report any injuries to
an on-duty patrol supervisor. The supervisor shall initiate the proper
process for recording and reporting the injury.

General Order 541.37


Rev: 07/30/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 103-00


SPECIAL PURPOSE VEHICLES Date: November 14, 2019
VLEPSC Number: OPR.01.08 Manual Number: 541.40
Effective Date: 11/14/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to provide special purpose
vehicles for specialized support for its patrol, investigations and tactical operations.
Through the use of these special purpose vehicles, officers and investigators are able to
provide a higher level of service to the citizens of the community.
II. PURPOSE
The purpose of this general order is to establish guidelines for the use of special purpose
vehicles owned by the Charlottesville Police Department.
III. PROCEDURE
A. Department Owned Special Purpose Vehicles
1. For the purpose of this general order, the following vehicles utilized by the
Department are designated as special purpose vehicles:
a. S.W.A.T Equipment Van;
b. S.W.A.T Armored Rescue Vehicle;
c. C.N.T./Community Response Vehicle;
d. Forensics Van;
e. Police Bicycles (pedal and battery motor powered);
f. Marked Canine Patrol Vehicle;
g. Animal Control Vehicle;
h. Motorcycles;
i. Trail bikes;
j. Police Patrol Van;
k. Utility Terrain Vehicle; and
l. Segway Patroller.

GO 541.40 – Special Purpose Vehicles 1


Rev: 11/14/19
2. Each Division/Bureau/Section/Unit is responsible for the maintenance, cleaning
and inspection of its assigned vehicles.
B. S.W.A.T. Vehicles
1. Objective
S.W.A.T. vehicles will normally be operated to transport members or equipment
of the S.W.A.T. team to the scenes of critical incidents or training.
2. Limitations and Usage
a. S.W.A.T. vehicles will not be used for routine patrol duty.
b. Specialized equipment stored in or on S.W.A.T. vehicles will only be used by
persons trained in their use.
c. Prisoners will not be transported in S.W.A.T vehicles.
d. Only active members of the SWAT team and Fleet Maintenance Officer are
authorized to operate the S.W.A.T vehicles unless otherwise authorized by the
Chief of Police or the Support Operations Division Commander. Officers
should be familiar with the vehicles limitations with respect to
maneuverability, height and length before operating but no endorsements are
required through the department of motor vehicles to operate.
3. Maintenance
a. The Team Commander of the S.W.A.T. team or their designee in conjunction
with the Fleet Maintenance Officer will be responsible for the routine and
special maintenance of the vehicle and for maintaining and inspecting the
specialized equipment stored in and on board the vehicles.
C. C.N.T. /Community Response Vehicle
1. Objective
C.N.T./Community Response Vehicle will normally be operated to transport
members or equipment of the Crisis Negotiations Team to the scenes of critical
incidents or training.
2. Limitations and Usage
a. C.N.T./Community Response Vehicle will not be used for routine patrol duty.
b. Specialized equipment stored in or on C.N.T./Community Response Vehicle
will only be used by persons trained in their use.
c. Prisoners will not be transported in C.N.T./Community Response Vehicle.
d. Only active members of the Crisis Negotiations Team and Fleet Maintenance
Officer are authorized to operate the C.N.T./Community Response Vehicle
unless otherwise authorized by the Chief of Police or the Field Operations
Division Commander. Officers should be familiar with the vehicles limitations
with respect to maneuverability, height, length before operating but no

GO 541.40 – Special Purpose Vehicles 2


Rev: 11/14/19
endorsements are required through the department of motor vehicles to
operate.
e. No personnel will operate the specialized audio/video communications
equipment on the vehicle unless trained by Matthews Specialty Vehicles or
authorized C.N.T. member.
3. Maintenance
a. The Team Commander of the Crisis Negotiations Team or their designee in
conjunction with the Fleet Maintenance Officer will be responsible for the
routine and special maintenance of the vehicle and for maintaining and
inspecting the specialized equipment stored in and on board the vehicles.
D. Forensic Van
1. Objective
The Forensic Van will normally be operated to transport crime scene processing
equipment to the scenes of major crimes, to provide crime scene investigators
with a mobile processing station, and to transport evidence to the department.
2. Limitations and Usage
a. The Forensic van will not be used for routine patrol duty.
b. Prisoners will not be transported in the Forensic van.
c. Specialized equipment stored in the Forensic van will only be used by persons
trained in its use.
d. Only members of the Department are authorized to operate the Forensic van.
3. Authorization/Qualifications/Training for Use
a. Forensic Van will only be operated by Forensic technicians unless authorized
by the Chief of Police, a Division Commander signee, the Forensic Unit
supervisor, or a supervisor who has determined circumstances exist which
justify the use of the vehicle by non-Forensic personnel. There are no special
qualifications other than a valid Virginia operator’s license is required to
operate the crime scene vehicles.
4. Maintenance
b. The Forensics Unit Supervisor in conjunction with the Fleet Maintenance
Officer will be responsible for the routine and special maintenance of the
Forensic Van. The supervisor in charge of the Forensic Unit or his/her
designee will be responsible for maintaining and inspecting the specialized
equipment stored in the crime scene vehicle(s).
E. Police Bicycles and Motorized Bicycles
1. Objective
a. The Department utilizes police bicycles (pedal and battery motorized) for
routine patrol and for special assignments. Police bicycles will be operated
for the following purposes to include but are not limited to:

GO 541.40 – Special Purpose Vehicles 3


Rev: 11/14/19
i. Downtown Mall patrol;
ii. park patrol;
iii. parking lot patrol;
iv. residential/business area patrol;
v. athletic/special event patrol;
vi. special details; and
vii. as requested by the Division/Bureau/Section/Unit commanders or the
Chief of Police.
2. Limitations and Usage
a. Only sworn personnel who have received certified bicycle training will be
authorized to operate a police bicycle.
b. Police bicycles will not normally be operated when the ground is covered by
ice or snow.
c. Police bicycle will not normally be dispatched to respond to traffic accidents,
unless it is minor and in a location where traffic is minimal.
3. Authorization/Qualification/Training for Use
a. Sworn personnel authorized to operate a police bicycle will have successfully
completed an approved Police Cyclist Training Course (40 hours).
4. Maintenance
a. The bicycle maintenance officer will be responsible for the routine and special
maintenance of the police bicycles and for maintaining and inspecting the
specialized equipment stored on board the vehicle.
F. Marked Canine Patrol Vehicle
The Department utilizes a specially marked and equipped vehicle for Canine
operations. (See General Order 98-99)
G. Animal Control Vehicle
1. Objective
a. This vehicle will normally be used to transport animals that have been picked
up by either the Animal Control Officer or any officer performing animal
control functions.
2. Limitations and Usage
a. The Animal Control vehicle will not be used for routine patrol duties except in
the event that alternate vehicles must be used due to inclement weather.
b. Prisoners will not be transported in the Animal Control vehicle.
3. Authorization/Qualification/Training for Use

GO 541.40 – Special Purpose Vehicles 4


Rev: 11/14/19
a. The Animal Control vehicle will normally be operated by the Animal Control
Officer during his/her tour of duty. Any police officer performing animal
control duties may utilize the animal control vehicle at those times when the
Animal Control Officer is off duty. There are no special qualifications other
than a valid Virginia operator’s license is required to operate the Animal
Control vehicle.
4. Maintenance
a. The Animal Control Officer in conjunction with the Fleet Maintenance Officer
or their designee will be responsible for the routine and special maintenance
of the vehicle and for maintaining and inspecting the specialized equipment
stored on board the vehicle.
H. Motorcycles
1. Objective
The police motorcycles are assigned to the Traffic Unit. The motorcycles are
normally used for traffic law enforcement, radar enforcement at selected locations
and escorts.
2. Limitations and Usage
a. Police motorcycles are limited to their usage as follows:
i. Will not be used during wintery weather conditions;
ii. while traveling in groups of two or more, operators will maintain
reasonable and prudent distances between each motorcycle; and
iii. will not be operated two abreast in one lane except as necessary and
appropriate during authorized parades, motorcades, or motorcycle escorts.
3. Authorization/Qualifications/Training for Use
a. Only members of the Department assigned to the Traffic Unit, possessing a
valid Virginia Class “M” operator’s license and having successfully
completed an approved Police Motorcycle Operators School (80 hours) will
be authorized to operate Department motorcycles.
4. Maintenance
a. Each officer who is assigned to a department motorcycle will be responsible
for the appearance, care, routine and special maintenance of their assigned
motorcycle.
I. Trail Bikes
1. Objective
The Department trail bikes will be used to provide police service to those areas in
the City that is not accessible by conventional police vehicles and for special
assignments.
2. Limitations and Usage

GO 541.40 – Special Purpose Vehicles 5


Rev: 11/14/19
a. The Department trail bikes will not be used when weather conditions are
determined to be unsafe for operation or in wintery weather.
3. Authorization/Qualification/Training for Use
a. Only members who possess a valid Virginia Class “M” operator’s license and
having successfully completed a department approved training course for off-
road vehicle operation will be authorized to operate Department the trail
bikes.
4. Maintenance
a. The Fleet Maintenance Officer or their designee will be responsible for the
routine and special maintenance of the trail bikes.
J. Police Patrol Van
1. Objective
The police patrol vans will be used for routine patrol, to transport prisoners, to
transport other citizens when appropriate and under the direction of a supervisor
and for transporting Department personnel and equipment.
2. Limitations and Usage
a. Police patrol vans will not be used in vehicle pursuits.
b. The on-duty patrol Shift Commander/Supervisor must authorize transportation
of prisoners in police patrol vans to assist other law enforcement agencies.
c. Only members of the Department are authorized to operate police patrol vans.
d. Caution should be employed when operating these vehicles due to their
higher center of gravity.
3. Authorization/Qualification/Training for Use
a. There are no special qualifications other than a valid Virginia operator’s
license is required to operate the police patrol vans.
4. Maintenance
a. The Fleet maintenance Officer will be responsible for the routine and special
maintenance of the vehicle and for inspecting the specialized equipment
stored on board the vehicles.
K. Utility Terrain Vehicle (UTV)
1. Objective
a. The department UTV will be used to provide police service/community
engagement to those areas in the city that are not accessible by conventional
police vehicles and for special assignments.
2. Limitations and Usage
a. The UTV will not be used when weather conditions are determined to be
unsafe.
b. The UTV will not be utilized as a patrol vehicle without expressed permission

GO 541.40 – Special Purpose Vehicles 6


Rev: 11/14/19
from a Captain or above and only under exigent circumstances.
c. The UTV will not be utilized in vehicle pursuits.
d. The UTV is assigned to the Administrative Division and the Field Operations
Division.
3. Authorizations/Qualifications/Training for Use
a. Authorization by an on duty supervisor is required for the use of the UTV
b. Only members who possess a valid Virginia drivers license and
having successfully completed a department approved training course for
off-road vehicle operation will be authorized to operate the UTV.

4. Maintenance

a. The Fleet maintenance Officer will be responsible for the routine and special
maintenance of the vehicle and for inspecting the specialized equipment (if
any) stored on board the vehicle.

L. Police Segway Patroller

1. Objective

a. The department Segway Patroller will be utilized to provide police services,


community engagement and for special event assignements.

2. Limitations and Usage

a. The Segway Patrollers will not be used when weather conditions are
determined to be unsafe.
b. The Segway Patrollers will be utilized for routine patrol in areas of high foot
traffic (e.g., Downtown Mall, Shopping Centers, Special Events, etc.)
c. The Segway Patroller will not be utilized in vehicle pursuits.
d. Any other usage will need approval from a Captain or above.

3. Authorizations/Qualifications/Training for Use

a. Authorization by an on duty supervisor is required for the use of the Segway


Patroller.
b. Only members who having successfully completed a department approved
training course for the use of the Segway Patroller will be authorized to
operate the Segway Patroller.

4. Maintenance

a. The Fleet maintenance Officer will be responsible for the routine and special
maintenance of the vehicle and for inspecting the specialized equipment (if
any) stored on board the vehicle.

GO 541.40 – Special Purpose Vehicles 7


Rev: 11/14/19
M. Special Purpose Vehicle Equipment
1. Each department vehicle shall maintain a Vehicle Inventory Sheet (if
applicable) documenting the equipment assigned to that vehicle as prescribed by
the Division Commander or his/her designee.

GO 541.40 – Special Purpose Vehicles 8


Rev: 11/14/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 102-00


INSPECTION OF DEPARTMENT VEHICLES Date: June 20, 2019
VLEPSC Number: OPR.01 08 Manual Number: 541.45
Effective Date: 06/20/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
Every individual member of the Charlottesville Police Department has a responsibility
for the care, daily inspection, and reporting of deficiencies of police vehicles and their
assigned equipment.

II. PURPOSE
To establish guidelines for the inspection and upkeep of police vehicles and equipment
assigned to the vehicle.

III. PROCEDURE
A. Pre-Operation Inspection
1. Prior to operating a Department vehicle, members shall conduct an inspection
of the vehicle for the following:
a. cleanliness, damage, and defects of the exterior and interior of the
vehicle;
b. proper functioning of all vehicle lights, which shall include the
emergency grill and overhead flashing lights, spotlight, alley lights and
takedown lights, if so equipped;
c. any weapons, evidence, or other property that should not be in the
vehicle. Any property so located will be handled according to
Department property/evidence procedures;
d. adequate engine fluid levels (members shall use caution so as to not
burn or injure themselves when checking the engine compartment.);
e. every Department vehicle shall maintain an inventory sheet
documenting the equipment assigned to that vehicle; and
f. the vehicle will be inspected to see that all applicable equipment listed
on the Vehicle Inventory Sheet is present and in serviceable condition.

GO 541.45- Inspection of Department vehicles


Rev: 06/20/19
2. Proper functioning of the electronic siren and P.A. system will be briefly
checked at a location away from the immediate area of the police department and
in a manner that will not adversely affect the public.
3. Vehicle inspections will be conducted whenever a member uses a Department
vehicle for any purpose (patrol, detail, extradition, etc.). The intent of the
inspection is to ensure that Department vehicles are maintained and equipped in a
state of readiness at all times. When a member must immediately respond to an
urgent call for service, the vehicle shall be inspected as soon as time permits.
4. If any missing equipment, damage, found property, or other non-correctable
problem is discovered during the inspection, the inspecting member will notify
the on-duty patrol supervisor as soon as possible. The supervisor shall conduct an
inquiry to determine the cause of the problem. If appropriate, the investigating
supervisor will submit a memorandum through the chain of command concerning
their findings.
B. Maintenance
1. The Logistical Unit will arrange routine repair and maintenance on all
departmental vehicles. Officers with take home vehicles will ensure any
scheduled maintenance is done promptly; in the event the officer has a conflict
with the scheduled date he/she shall notify Charlottesville Police Department fleet
personnel to reschedule prior to the original assigned date. Fleet personnel will
arrange all maintenance on patrol fleet vehicles.

2. Any member who uses any item that requires replacement (emergency
blanket, latent finger print supplies, fire extinguisher, biohazard bag supplies, etc.)
or loses or damages any equipment assigned to a Department vehicle shall replace
that item(s) prior to the end of their shift. Members will replace flares as needed
on their own.
C. Supervisor Inspection
1. The Logistics Unit will perform unscheduled inspections on vehicles assigned
to the Patrol Bureau. A report of their findings will be documented on the Patrol
Bureau Vehicle Inspection Form.
2. Each Division/Bureau/Section/Unit is responsible for the cleaning and
inspection of its assigned vehicles

D. Out of Service Vehicles shall


1. have at least one quarter of a tank of gas;
2. be parked only in assigned police vehicle spaces;
3. have radios and siren turned off;
4. have no personal equipment stored inside; and
5. have the windows and doors locked.
2
GO 541.45- Inspection of Department vehicles
Rev: 06/20/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.

Type of Directive: GENERAL ORDER Number: 114-00


TOWED, SEIZED & IMPOUNDED VEHICLES and
Date: June 18, 2018
VEHICLE INVENTORIES
VLEPSC Number: OPR.07.12 Manual Number: 541.50
Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to request a motor
vehicle’s tow, impound or seizure in accordance with all applicable statutes of the
Code of Virginia, ordinance of the City of Charlottesville and provisions of this
directive.
II. PURPOSE
The purpose of this directive is to establish the procedures for the towing and/or
storage of unattended, abandoned, impounded or seized vehicles, to establish the
procedures for the use of the 48-hour abandoned unattended vehicle tag and to
define the use of the proper Department Forms to document the police tow.
III. DEFINITIONS
Police Tow- Any motor vehicle, trailer, moped or other type of conveyance that is
towed under the authority and direction of the City Police Department. Such a
tow will require reporting through a police tow report with the exception of
abandoned mopeds.
Unattended Vehicle- Any motor vehicle, trailer or semi–trailer that is left
unattended on or adjacent to any roadway and in the unattended condition
constitutes a hazard in the use of the roadway.
Abandoned Vehicle- Any motor vehicle, trailer or semi-trailer, or a part thereof
that is inoperative and is left unattended on public property for more than 48
hours or has remained illegally on a public right of way for a period of more than
48 hours.
Impounded Vehicle- A vehicle, which has been taken into custody by a law
enforcement officer for: evidentiary purpose as the “fruit” or instrumentality of a
crime; or when the vehicle is to be held temporarily as required by statute in cases
where persons are arrested for driving after their operator’s license has been
suspended or revoked due to alcohol related violations (Code Section 46.2-301.1).

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 1


Rev: 06/18/18
Seized Vehicle- A vehicle that has been taken into custody by a law enforcement
officer, pending forfeiture or confiscation proceedings and pursuant to various
statutes of the Code of Virginia

IV. PROCEDURE
A. Police Initiated Towing
1. Any sworn police officer, or any community service officer who has
received the appropriate training, may tow a vehicle.
2. All police tows will require a police tow report with the exception of
abandoned mopeds.
3. A vehicle may be towed upon police authority in the following
circumstances:
a. The vehicle is:
i. disabled or unattended and stopped or partially stopped in a
traffic lane thus creating a hazard;

ii. is parked on a public roadway or street blocking egress or


ingress to any road, street entrance way or driveway;

iii. within 15 feet of a fire hydrant;

iv. obstructing access to garbage or refuse dumpster with the


appropriate signage;

v. parked in a “no parking”, “no standing”, “no stopping” zone


marked with a sign stating “Towing Enforced”

vi. parked in a permit parking zone without a valid permit;

vii. illegally parked in a handicapped parking space;

viii. unlawfully parked with 3 or more unpaid parking tickets,


which have been confirmed by the City of Charlottesville
Treasurer. No money/checks shall be accepted by Officers for
any unpaid tickets;

ix. the vehicle is a recovered stolen vehicle and the owner is


unavailable to take possession after crime scene processing of
the vehicle is completed;

x. the driver of the vehicle has been arrested and there is not a

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 2


Rev: 06/18/18
licensed operator readily available and authorized by the
operator/owner to remove the vehicle from the scene and the
vehicle falls into another category for a police tow; or

xi. the vehicle must be removed from an accident scene, which


has occurred on a street, roadway or adjacent thereto, and the
owner is unavailable, unable, or unwilling to indicate where or
by whom the vehicle should be towed. Reporting of this type
of tow must appear on the Accident Report (FR-300P).

4. A Tow Report must be filed in each of the foregoing instances. The


Tow Report’s narrative will contain the specific purpose for the tow.
Page 4 (green copy) of the Tow Report shall be given to the wrecker
operator.

5. Towing and storage costs are generally the responsibility of the


registered owner of the vehicle, however in some instances where the
Department fails to make reasonable efforts to notify the owner of the
vehicles whereabouts the Department may be responsible for storage
costs. Therefore it is imperative that all towed vehicle reports are
assigned and followed up in a timely manner.

6. Any tow report that is generated as a result of an arrest or that includes


a hold on a vehicle shall be assigned back to said Officer. It shall be the
responsibility of that Officer to ensure the registered owner of the
vehicle is notified of the vehicles whereabouts in a timely manner and
facilitate the release of the vehicle in a reasonable and timely manner.
7. Holds may be placed on a vehicle in the following circumstances:
a. evidentiary processing;
b. court ordered administrative impoundment;
c unpaid parking tickets.
NOTE: once the condition of the hold has been satisfied the assigned
officer or any supervisor must release the hold as soon as possible by
calling the wrecker service in possession of the vehicle.
8. Stolen vehicle tow reports shall be assigned to the Officer investigating
the stolen vehicle. It shall be the responsibility of the investigating
Officer to ensure the registered owner of the vehicle is aware of the
vehicles whereabouts in a timely manner and facilitate the release of the
vehicle.
9. All other tow reports shall be assigned to the Traffic Unit Sergeant or
CSO Corporal. The CSO Corporal shall be responsible for follow-up on
all assigned tows to ensure towed vehicles are claimed by the owner or
otherwise disposed of per policy guidelines in a timely manner.

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 3


Rev: 06/18/18
10. The CSO Corporal shall check with towing company personnel
weekly to ensure no vehicles towed under Police Department authority
have been left on their lot without proper follow-up. In such cases the
CSO Corporal shall notify the proper personnel by e-mail of the need
for follow-up.

B. Motor Vehicle Operator/Registered Owners Tow Request


1. If a motor vehicle operator/owner’s tow request is needed, the officer
shall show the operator/owner a list of eligible towing companies. The
vehicle operator/owner shall then select a company to use for towing.
2. In these circumstances, the preferred method should be for the
operator/owner to call the tow company of their choice.
3. If the operator/owner is unwilling or unable to make the call to the tow
company but is able to select a company, then the police officer will
indicate this fact in their call to ECC and the police department shall make
a record of the operator/owner choice and that the call was made by the
police pursuant to an owner initiated tow request.
4. If the operator/owner is unable or unwilling to select a tow company,
then the Officer shall make contact with ECC. ECC shall then select a tow
company from the eligible towing companies, and make a record of the
request. The tow company selected by ECC will be based on a rotational
list of eligible tow companies.

C. Unattended Vehicles and Abandoned Vehicle Tows


1. A motor vehicle, trailer, semi-trailer, or any part or combination thereof
that constitutes a hazard by being left unattended on or adjacent to a
roadway may be immediately towed as a hazardous unattended vehicle.
2. A property owner or agent may remove abandoned or unattended
vehicles parked on private property. Department Officers shall not
remove or cause such vehicles to be removed from private property, but
may at the request of the property owner provide such information as
may be needed for the removal.
3. Unattended motorcycles are motor vehicles and will be removed and
stored by towing companies.
4. Mini-bikes and mopeds shall be towed by a contracted towing company
to City Yard and stored in the moped storage container. Mini-bikes and
mopeds, if found abandoned, shall be classified as found property and
only a Case Report and Property Evidence Tag will be completed.
a. Officers shall ensure the VIN number and inventory results are
included on the Case Report and Property Evidence Tag.

D. 48-hour Notice and Unattended Vehicle Police Tows

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 4


Rev: 06/18/18
1. The 48-hour police tow notice vehicle tag has two parts.
a. The Form’s white copy (original) shall be maintained by the
Department for administrative purposes and will be turned into the
Traffic Unit through normal routing.

b. The florescent orange copy will be affixed, with the form’s


adhesive strip, to a location on the vehicle’s driver side front
windshield that will allow the form to be clearly visible to passing
police units.

c. All 48-hour police tow notices shall be assigned to a member of


the Traffic Unit for follow-up processing.

2. Officers shall place the 48 hour unattended vehicle police tow notice on
any unattended or abandoned vehicle when the vehicle is found unattended
or abandoned on or adjacent to any City of Charlottesville roadway or other
public area and the vehicle does not present an immediate hazard.
3. The purpose of the 48 hour unattended vehicle police tow notice tag is
to:
a. let other law enforcement officers know that the vehicle has been
checked;

b. advise the owner that the vehicle has been checked by police and
to warn that police authority will remove the vehicle; and

c. to establish the beginning of the 48-hour period, at the end of


which, the vehicle will be removed under police authority,
pursuant to Section 15-296 and 15.301 of the City Code, which is
permitted by Virginia Code 46.2-1209.

4. Members of the Department, before having a 48-hour notice or an


unattended/abandoned vehicle towed that presents no immediate hazard,
will verify the original 48 hour notice copy to make sure that there has been
no extension granted by the Department’s Traffic Unit.

E. Police to notify owners


1. The CSO Corporal or designee shall review the contracted towing
company’s provided inventory every 30 days of vehicles that have been
towed, released/ non- released.
2. The Traffic Unit shall notify owners utilizing the Towed Vehicle
Notification Letter (J drive, department forms on line) per City Code
(Notification to Registered Owner of a Towed Abandoned Vehicle, Sec.
15-273) and Virginia Code (46.2-1202) which states that any locality
taking custody of an abandoned motor vehicle will, within 15 days, notify
the owner of record and all persons of record having security interests in

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 5


Rev: 06/18/18
the vehicle that the vehicle has been taken into custody. Such notification
will be by registered or certified mail, return receipt requested and shall:
a. State the year, make, model, and serial number of the vehicle;
b. State the location of the facility where the vehicle is being held;
c. Inform the owner and persons having security interests of their right
to reclaim the vehicle within 15 days of the receipt of the notice,
after paying all towing, preservation and storage charges;
d. Inform the owner and persons having security interests that failure
to reclaim the vehicle in the time provided shall constitute a waiver
of all rights, title and interest in the vehicle, and consent to the sale
of the vehicle at public auction.
3. In all other towing situations the Officer assigned shall follow the same
procedures as above except that telephone or personal notification of owner
shall satisfy this requirement and shall be documented in the tow report of
the date and time of notification.

F. Impounded Vehicles
1. Vehicles may be impounded as evidence in a crime. Vehicles
impounded as evidence shall require a Towed Vehicle Report and the
impound will be noted on the Case Report.
a. A vehicle impounded for safekeeping purposes only and no
additional forensic work is anticipated, should be impounded at the
storage lot of the wrecker service that towed the vehicle.

b. A vehicle impounded as evidence, which requires forensic work to


be performed or to which access must be restricted, will be
secured in a restricted controlled area inside of the contract
wrecker service. The supervisor of the Forensic Bureau at his/her
discretion may select another secure location for storage, if
circumstances dictate.

c. In the event an officer impounds a vehicle for evidentiary


purposes and:
i. Exposure to weather might destroy evidence, or
ii. Access must be restricted due to the nature of the case,
the vehicle may be temporarily placed in the contract
wrecker service garage.

d. The officer will serve notice of the impoundment on the arrested


subject and forward the original copy of the notice to the Traffic
Unit Supervisor.

2. Administrative impound of a vehicle is required (Code 46.2-301.1)

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 6


Rev: 06/18/18
when an officer arrests or issues a Virginia Uniform Summons to the
driver of the vehicle whose operator’s license, learner’s permit or
privilege to drive has been revoked or suspended for:
a. driving while intoxicated (Code Section 18.2-266 and Section
46.2-341.24) or a substantially similar ordinance or law in any
other jurisdiction;

b. driving after adjudication as a habitual offender, where such


adjudication was based in whole or part on an alcohol related
offense, or

c. administrative suspension under the provisions of Code Section


46.2-391.2; or

d. when the owner of the vehicle was not the intoxicated driver of
the vehicle, said owner may be referred to petition the court for
release of the impounded vehicle.

3. A rental vehicle that is operated by any person arrested for a violation


cited in above paragraph 2 (a, b, c) shall not be impounded. The rental
vehicle exception will require the vehicle’s rental company to be
notified to pick the vehicle up at either the stop location or the City of
Charlottesville contract wrecker service.

4. Administratively impounded vehicles shall be held for 30 days (unless


reduced by court direction) at the contracted storage lot that towed the
vehicle.

5. Vehicles which are administratively impounded pursuant to Code


Section, 46.2-301.1, Administrative Impoundment of Motor Vehicles
for certain Driving While Licensed Suspended or Revoked Offenses
will require the following reports:
a. Towed Vehicle Report; and
b. an Incident Report if the arrest was for DUI.

G. Seized Vehicles
1. Vehicles may be seized, pending forfeiture or confiscation proceedings,
pursuant to Virginia Code statutes as follows:

a. 4.1-339 Provides for the seizure of vehicles used to transport


illegally acquired or illegally transported alcoholic beverages in
excess of one quart or one liter;

b. 18.2-110 provides for the seizure of any vehicle used to transport


stolen goods when the value is $200 or more, or to transport any

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 7


Rev: 06/18/18
stolen property taken in a robbery. This section also provides for
the seizure of vehicles used in connection with prostitution and
pandering offenses, as defined in Code sections 18.2-349, 18.2-355
and 15.2-357;

c. 18.2-249 provides for the seizure of vehicles used in connection


with illegal manufacture, sale, or distribution of controlled
substances (18.2-248), or marijuana (18.2-248.1);

d. 8.2-336 Provides for the seizure of personal property (including


motor vehicles) used in illegal gambling enterprise or activity;

e. 29.1-624 provides for the seizure of motor vehicles and weapons


used in the killing of deer during the hours of darkness, or used in
transporting a deer carcass that was killed during the hours of
darkness;

f. 46.2-867 provides for the seizure of vehicles used in any


prearranged and organized race on a highway; and

g. 46.2-1087 provides for the seizure of motor vehicles equipped with


smoke devices.

2. Vehicles seized pursuant to the above-cited statutes will be stored in a


secured lot at the contract wrecker. The following reports shall be
made:
a. Incident Report
b Towed Vehicle Report
c. Commonwealth Attorney’s Seized Property Report (Officer needs
to notify the Commonwealth Attorney on any seized vehicle so
the Seized Property Report can be completed by their office.)

H. Vehicle Inventories
1. All vehicles that are stored as the result of police initiated enforcement
activity shall be inventoried. The officer ordering, directing or
supervising the removal of a motor vehicle shall make an inventory of
the contents of the vehicle, which will be listed on the Tow Report.
2. At the completion of the inventory the officer towing the vehicle shall
secure the vehicle in a manner to ensure against the wrongful entry of
the vehicle; unauthorized use of the vehicle; damage of the vehicle;
and to safeguard the vehicle’s contents.
3. The inventorying officer shall determine if discovered valuable
articles need to be invoiced into the Department’s Property Section
for safekeeping. The supervisor signing the tow sheet shall review
the completed inventory list.

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 8


Rev: 06/18/18
4. Contraband or evidence of a crime (including “fruits” of the
crime) found during a vehicle seizure or inventory shall be
invoiced to the Department’s Evidence Section and documented
on the Towed Vehicle Report and Incident Report.
I. Records
1. Assigned Officer
a. All cleared tow report correspondence will be forwarded to the
Traffic Unit Supervisor who will maintain all records on motor
vehicles that have been removed, stored, or towed by a member of
the Department.

2. Information and Management Services (IMS)


a. All tow reports will be entered into the RMS; the blue copy will be
filed in daily report’s folder located in IMS.

b. The white (original) copy of the tow report will be forwarded to


General District Court if the vehicle is impounded for violation
Of Virginia Code 46.2-301.1 or 46.2-391.2 (Officer will check
appropriate box on the tow report)

c. IMS will forward a copy of the tow report to the assigned officer
(the white copy may be forwarded if (b) above does not apply).

GO 541.50 – Towed, Seized & Impounded Vehicles and Vehicle Inventories 9


Rev: 06/18/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 83-99


VEHICLE CRASH INVESTIGATION Date: January 2, 2020
VLEPSC Number: OPR.07.05 & OPR.07.06 Manual Number: 542.01

Effective Date: Jan. 2, 2020

Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of this Department that officers will investigate and accurately report any
traffic accident that occurs within the City of Charlottesville. The only exceptions are
those accidents that involve State owned vehicles, which are investigated by the Virginia
State Police.

II. PURPOSE
It is the purpose of this General Order to provide a general guideline for its officers when
investigating and reporting traffic accidents.

III. DEFINITION
Accident - A vehicle crash occurring either on or off a public highway, involving one or
more vehicles, which results in property damage, personal injury or death.
Commercial Motor Vehicle – Any self-propelled or towed vehicle used on the highway in
commerce to transport passengers or property if such vehicle (i) has a gross vehicle
weight rating or gross combination vehicle weight rating or gross weight or gross weight
combination weight , whichever is greater, of more than 10,000 pounds when operated
interstate or more than 26,000 pounds when operated intrastate, (ii) is designed to
transport more than 15 passengers, including the driver, regardless of weight or (iii) is
used to transport hazardous materials in a quantity requiring placards by regulations
issued under authority of Article 7 (10.1-1450 et seq.) of Chapter 14 of Title 10.1 of the
Code of Virginia, Transportation of Hazardous Materials.
Examples are but not limited to the following:
A. Semi-Tractor;
B. Semi-Tractor Trailer;
C. Straight Truck /Box Truck with GVWR over 26,000 pounds;
D. Pickup with trailer in combination GVWR over 26,000 pounds;
E. Van/Bus in commerce (15 passengers or more, including driver).

GO 542.01 – Vehicle Crash Investigation 1


Rev: 0/02/2019
IV. PROCEDURE
A. Traffic Accident Investigation
1. The Department responds to all vehicle accidents which include, but are not
limited to, accidents that involve:
a. death or injury;
b. hit and run;
c. impairment of an operator due to alcohol or drugs;
d. damage to public vehicles or property (e.g. any City/County/U.S.
Postal service vehicles, etc.);
e. hazardous materials;
f. disturbances between parties involved (e.g. Disorders, etc.);
g. major traffic congestion due to the accident, and
h. damage to vehicles to the extent that towing is required.
B. Primary Responsibility for Traffic Accident Investigation
1. The Charlottesville Police Department will have primary responsibility for the
investigation of all accidents within the City of Charlottesville.
2. In those cases where a State owned vehicle is involved, the responsibility will be
with the Virginia State Police (VSP).
a. In the event that a trooper is not able to respond, the Department
officer(s) handling the crash investigation shall complete the FR-300P
Crash Report.
b. The Department reporting officer will meet with a trooper when one is
available and provide the trooper with a copy of the completed FR-300P
and any other pertinent information that will assist the VSP member in
completing the required VSP Department report(s).

3. The shift supervisor shall request the Motor Carrier supervisor to conduct the
crash investigation of any commercial motor vehicle crashes involving death,
personal injury, and/or significant property damage, any of which constitutes a
FR300, shall require the assistance of a trained Motor Carrier Safety Inspector
from the Charlottesville Police Department to determine what, if any, safety
problems may have contributed to the crash. A Motor Carrier Safety Inspector
with the Virginia State Police may assist with crashes involving CMV passenger
vehicles and hazardous material vehicles. A Motor Carrier Safety Inspector shall

GO 542.01 – Vehicle Crash Investigation 2


Rev: 0/02/2019
inspect the vehicle along with the driver’s logbook and any necessary
documentation.
4. As a courtesy to outside jurisdictions, the investigating officer for all accidents
involving non-City of Charlottesville government vehicles shall complete a FR-300P.
C. Responsibilities of Officers at the Scene of a Traffic Accident
1. The first arriving officer at the scene of a traffic accident will immediately
determine if any person(s) are injured and request that the Emergency
Communications Center (ECC) dispatch the necessary rescue personnel and
equipment. The officer should attempt to provide first aid as needed within the scope
of his/her training.
2. The first arriving officer at the scene of a traffic accident will determine if there
are any fire hazards or hazardous material threats. The officer will notify ECC
regarding any fire, rescue, or HAZMAT equipment needed and may attempt to
extinguish small fires with the issued fire extinguisher which is located in the trunk of
all marked vehicles. If hazardous materials are present, the officer will follow the
procedures set forth in the Emergency Response Guidebook for hazardous materials
incidents that are located in the trunk of all marked vehicles.
3. The first arriving officer will have primary responsibility for the protection of the
accident scene until properly relieved of such responsibility by the officer assigned to
investigate the accident, a Traffic Unit officer, or by a Shift supervisor.
4. It shall be the responsibility of the officer assigned to investigate the accident to
interview witnesses, collect information, and preserve evidence for collection. If the
officer assigned to investigate the accident needs assistance in gathering information
or assistance in the preservation of evidence, it will be the responsibility of that
officer to request such assistance.
5. The first officer dispatched to the traffic accident will have primary responsibility
for the investigation of that accident unless relieved of that responsibility by a Traffic
Unit officer or by a Shift supervisor. The Officer shall ensure that the MVR is
activated to capture the incident and all relevant statements.
6. If the accident has resulted in a fatality, serious injury or involves a pedestrian/
bicyclist, an immediate notification to the on-duty Shift Supervisor shall be made.
The on-duty supervisor will respond to the scene and request assistance from the
Traffic Unit if needed in accordance with this policy.
D. Determining what Reports are Required – Reportable or Non-Reportable
1. All accidents will require an Exchange of Information Form to be completed.
Likewise, all reportable accidents will require the completion of a FR-300P form and
some non-reportable accidents shall require a completed FR-300P Form.
Whether on public or private property an incident report is required for accidents
that result in death, critical injury, pedestrian/bicyclist, Hit and Run and all
Hazardous Material. The incident report shall be used to provide additional
information on all statements and other relevant information that may be useful.
The assigned incident report number should be the same as the FR300.

GO 542.01 – Vehicle Crash Investigation 3


Rev: 0/02/2019
2. Reportable and Non-Reportable Accidents Defined
a. Reportable Accidents – are accidents that occur on a public highway
and are reported to the Division of Motor Vehicles (DMV) on form FR-
300P. The following accidents occurring on public highways will require
the FR-300P to be filled out:
i. death or injury to a person;
ii. total property damage that results in $1500 or more;
iii. hit and run resulting in $500 or more in damage (Incident
worksheet also required); and
iv. hazardous materials.
Note: Section 46.2-373 of the Code of Virginia requires that a law enforcement officer
who in the course of his/her duties investigates a motor vehicle accident resulting in
injury or death to any person or total property damage of $1500 or more will file an
accident report within twenty four (24) hours of the completion of the investigation.
b. Non-Reportable Accidents – are accidents that occur on all private
property whether there is public access or no public access. (e.g.,
parking lots, driveways, etc.). Non reportable accidents do not require a
FR-300P report to be sent to the Department of Motor Vehicles
c.However, certain non-reportable accidents shall require a FR-300P and a
Incident Report to be completed for Departmental purposes only. The
following accidents occurring on private property will require a FR-300P
and Incident Report to be completed for Departmental purposes:
i. death or injury; or
ii. hazardous materials
d. All non-reportable accident FR-300P reports that have been completed
for “Department purposes only” shall note the exact location of the
accident – followed by the words “Private Property”.
e. Vehicle accidents occurring on public highways that result in property
damage of less than $1500 only or hit and run accidents that occur on
public highways that result in property damage of less than $500 only,
will not require completion of the FR-300P report. Vehicle accidents
occurring on private property, which only cause property damage, in any
amount, will not require completion of FR-300P.
3. It is essential to have accurate location information for the evaluation of accident
data.
4. Officers may file charges that contribute to an accident on Reportable and Non-
Reportable accidents.

E) Follow-up investigation of hit and run accidents

GO 542.01 – Vehicle Crash Investigation 4


Rev: 0/02/2019
Follow-up investigation of hit and run accidents may be assigned to the
reporting officer or to the traffic unit when specific circumstances or
complications are present.
1. Hit and run accidents assigned to the Traffic Unit shall include;
a. Felony hit and run accidents requiring follow-up investigation.
2. Hit and run accidents where substantial leads exist such as:
a. physical evidence that would likely identify the suspect
vehicle;
b. physical evidence that would likely identify the driver of the
vehicle;
c. the suspect driver is identified but not located through initial
investigation;
d. eyewitnesses (s) exist who are not present at the scene or
readily available for interview; and
e. cases that are unusually complex or likely to generate public
interest or concern.
3. Hit and run accidents routinely assigned to the reporting officer
include:
a. all misdemeanor hit and run accidents that can be solved
through initial on scene investigation;
b. all misdemeanor hit and run accidents that lack witnesses or
physical evidence likely to identify a suspect driver or vehicle;
c. misdemeanor hit and run accidents that require minimal follow-
up to solve; and
d. felony hit and runs where the reporting/investigating officer
has evidence to effect an arrest or obtain warrants with minimal
follow up investigation.
F. Accidents Involving Police Department Vehicles
1. Members of the Department who are involved in a vehicle accident while
operating a Department vehicle or who have custody of a Department vehicle that is
involved in an accident shall be responsible for immediately notifying a shift
supervisor of the accident location and nature.
2. The notified shift supervisor shall respond to the accident location to evaluate the
seriousness of the accident and determine the length of the accident investigation
required.
a. For police vehicles involving damage to non-city vehicles, criminal
violations, damage to private property, or personal injury, or if the amount
of damage to the police vehicle exceeds five hundred dollars ($500), the
following forms will be required:
i. FR-300P;

GO 542.01 – Vehicle Crash Investigation 5


Rev: 0/02/2019
ii. VML insurance claims report;
iii. Supervisor’s Incident Report to be forwarded through the chain
of command;
iv. Workman’s Compensation Forms (if applicable).
b. Shift supervisors will conduct minor Department vehicle involved
accident investigations where the damage is under five hundred dollars
($500), does not involve damage to private property, and shall complete
the following forms:
i. supervisor’s Incident Report to be forwarded through the chain
of command;
ii. VML insurance claims report;
iii. Department Vehicle Damage Log; and
iv. Worker’s Compensation Form (if applicable).
c. The shift supervisor may request the Traffic Unit supervisor to conduct
an accident investigation that is believed to require an extended period of
investigative resources and/or time.
d. The shift supervisor will request the Traffic Unit supervisor to conduct
the accident investigation if the total property damage exceeds $5,000
and/or a personal injury is involved.
3. Employees who are involved in a motor vehicle accident while operating a
departmental vehicle outside the City of Charlottesville shall request that the
investigating agency complete an FR-300P. The employee shall immediately notify a
shift supervisor of the incident.
G. Protecting Personal Property of Accident Victims
1. The officer assigned to investigate an accident will have responsibility to secure
and protect the property of accident victims at the scene of an accident.
2. Generally, accident victims personal property will be secured or handled in the
following ways:
a. If the victim is conscious and capable of controlling his/her property,
such items shall be given to the victim(s) or turned over to Rescue Squad
personnel in the presence of the victim to accompany the victim to the
hospital.
b. If the victim is unconscious or incapable of controlling his/her
property, the investigating officer shall take custody of the property and
turn it in to the evidence/property room until it can be released to the
victim or his/her designee. An evidence receipt form (CPD-7) will be
completed by the officer submitting the property.
c. Larger items, such as firearms, cameras, electronic equipment,
clothing or items likely to be stolen or damaged if left with the vehicle
when towed will also be placed into the evidence/property room until it

GO 542.01 – Vehicle Crash Investigation 6


Rev: 0/02/2019
can be released to the victim or his/her designee. An evidence receipt form
(CPD-7) will be completed by the officer submitting the property.
d. If the victim is deceased, the officer shall take custody of his/her
personal property and turn it into the evidence/property room after the
scene has been processed. All items of personal property that are on the
deceased (e.g. wallets, large sums of money, expensive jewelry, etc,) will
be left in place when the body is transported to the University of Virginia
Hospital Emergency Room unless a family member is on location to safe
guard the property. The family member’s information will be annotated
on the Death Investigation Checklist and the incident report as well as, all
of the property that was on the deceased. The officer will be responsible
for placing it into the evidence/property room and completing an evidence
receipt form (CPD-7).
e. The victim’s vehicle and any remaining contents shall be towed and
stored in accordance with the Departments Tow Policy. Once the towing
company takes custody of the vehicle, the vehicle and its contents become
the responsibility of the towing company.
f. When a commercial vehicle wrecks and its cargo is released or becomes
insecure, the investigating officer shall notify the on-duty Shift supervisor
officer who will arrange to secure the scene until the company who owns
the vehicle or their agents can secure and/or retrieve the property.

GO 542.01 – Vehicle Crash Investigation 7


Rev: 0/02/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 85-99


STATE-WIDE INTERDEPARTMENTAL RADIO
SYSTEM - SIRS Date: June 18, 2018

VLEPSC Number: ADM. 24.06 Manual Number: 561.01


Effective Date: 06/18/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to understand the rules and
regulations in the use of the Statewide Interdepartmental Radio System (SIRS).

II. PURPOSE
SIRS was created as a law enforcement communications link to assist law enforcement
agencies in providing more efficient service to the public and to help in reducing crime.
It is to be used for interdepartmental (between departments) purposes only. This means
that no SIRS member should routinely dispatch its own units on the SIRS channel. SIRS
provides a base station-to-base station and car-to-car network across the state, part of
which did not previously exist. It also provides direct car-to-car contact with key state
agencies such as the Department of State Police and the Department of Corrections.
SIRS was designed to be used to assist departments in carrying out their everyday law
enforcement duties and it is not restricted to emergency operations. Certain non-law
enforcement agencies, which have demonstrated a need, have been granted a restricted
SIRS membership and those agencies should observe the restrictions. Generally speaking
SIRS members can use the System for any police business of an interdepartmental nature.
An advisory board made up of Chiefs of Police, Sheriffs and representatives of the State
Police and State Corrections governs SIRS.

III. PROCEDURE
A. System Use
1. The success or failure of SIRS will be determined by whether or not dispatchers
constantly monitor the channel. If a base station or car from another agency
cannot contact your dispatcher, the system will not function.
2. The Board recognizes that a wide variety of “APCO 10 Series” signals are in use.
Therefore, to avoid confusion, the Board recommends that “plain language” be
used on the SIRS channel. Basically, the system function as follows:

GO 561.01 – State-wide Interdepartmental Radio System – SIRS 1


Rev: 06/18/2018
a. If a car from Department A needs to contact a unit from Department B,
Car A should call the dispatcher at Department B and state which unit he
needs to contact. The Department B dispatcher will contact its unit on the
Department B normal dispatch frequency and advise them on the traffic
and request the Department B unit to switch to the SIRS channel. If the A
and B cars are within 10 miles of each other, they should be able to talk
car to car. If not, the Department B dispatcher should either relay the
traffic or direct its unit toward the Department A unit until the car to car
contact is established. When the units have completed their business, they
should both switch back to their normal department dispatch channel.
b. Likewise, a dispatcher can respond to a request from one of its units to
contact another local or state unit. If the request involves a unit from an
adjacent local department, the dispatcher can contact that department by
appropriate means and set up the contact. If the local unit wants to reach a
state police unit and is unable to do so by calling car to car, he can request
the dispatcher to contact the state unit by the base station and arrange for
the necessary contact.
c. The State Police will have no dispatch capability on SIRS. All State
Police patrol cars will be equipped with a SIRS radio and it will be
monitored at all times.
d. Any station or unit with emergency traffic should be given priority and
all other routine traffic suspended until the emergency is resolved.
e. Some agencies have mobile radios with a monitoring receiver that
permits the officer to hear both the normal dispatch channel and the SIRS
channel without moving the channel selector switch. This will enable
these cars to bypass the dispatcher in some cases, especially where the
cars are within the 10-mile range. However, it is important to note that the
dispatcher never loses contact with their unit because the base station
monitors both the normal dispatch channel and the SIRS channel.
f. If a priority call comes in while a unit is handling routine business on
the SIRS channel, the dispatcher should call the unit on the SIRS channel
and ask them to switch to the normal dispatch channel; the dispatcher
should then give them the priority message.
g. The above-described procedures will govern both local and state law
enforcement usage of the system. Remember that SIRS was designed to
help you. It is supposed to be used to make you work easier and more
efficient. Please use it wisely!
B. System Discipline
1. In order for SIRS to accomplish its purpose, it must have “free” time to permit
easy access to the channel. This means that all SIRS users must cooperate and
make certain that traffic on SIRS is of a direct law enforcement nature and
necessary. Base station dispatchers should be especially aware of this rule since
base stations have a much greater range and thus cause more wide-spread

GO 561.01 – State-wide Interdepartmental Radio System – SIRS 2


Rev: 06/18/2018
interference. Dispatchers should always try to find alternate means for
communication with other base stations for routine administrative messages. The
telephone, VCIN and Inst-phone are suggested for consideration. In those areas
where departments have maintained the 39.500 MHz channel, this frequency
could serve as a point-to-point communications link.
2. All SIRS users should strive to use good radio procedure and accomplish each
SIRS transaction in the minimum time possible. Remember that SIRS is a “plain
language” system so please avoid the use of the “10 series signals”.
3. In the event a department is found to be abusing the SIRS channel or violating the
Board’s guidelines, such infractions should be reported to the head of your
department. Department heads receiving such criticism should report the
circumstances to an Advisory Board member. In order for SIRS to accomplish its
purpose, everyone must abide by the rules.

GO 561.01 – State-wide Interdepartmental Radio System – SIRS 3


Rev: 06/18/2018
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 86-99


DEPARTMENT COMMUNICATION FUNCTIONS Date: July 13, 2019
VLEPSC Number: ADM.24.01, ADM.24.04, ADM.24.07 Manual Number: 561.03
Effective Date: 07/13/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. PURPOSE
The purpose of this directive is to establish responsibility and accountability for the
communications function within the Department’s organizational structure

II. PROCEDURE
A. Charlottesville-University of Virginia-Albemarle County Emergency
Communications Center.
Official Radio Communication
1. The Charlottesville-University of Virginia-Albemarle County Emergency
Communications Center (ECC) is an independent agency that provides the official
radio communications function to the Charlottesville, University of Virginia and
Albemarle County Police Departments. Accordingly, the ECC shall provide the
Charlottesville Police Department with its official radio function and 9-1-1, 24
hour, toll-free telephone access for emergency calls for service.
2. The ECC has its own administrative and supervisory staff and an agency standard
operating procedure.
3. The County of Albemarle, City of Charlottesville and University of Virginia will
remain the licensee for the respective radio frequencies and maintain ownership
and control through the Management Board.
a. The Chief of Police shall be a member of the Emergency
Communications Center’s Management Board.
b. The Field Operations Division Commander or his designee shall be a
representative to the ECC Operations Board.

GO 561.03 – Department Communication Functions 1


Rev: 07/13/19
B. Information and Management Services
Telephone Communications, Teletype and Automatic Data Communications,
Computer Network and Alarm Monitoring
1. The Support Operations Division Commander shall be responsible for the
administration and management of the Department’s communication functions.
2. The Department’s communication functions shall be assigned to the following
commands and the specific component commanders shall be accountable for their
individual assigned command communication function(s):
a. Information and Management Services;
i. telephone communication;
ii. wireless communication devices;
iii. VCIN/NCIC Teletype;
iv. alarm monitoring;
v. FCC Licenses;
vi. hand held radio inventory/issue;
vii. automated data communications; and
viii. computer network.
C. Emergency Communications Center
1. It is the responsibility of the Emergency Communications Center to establish and
maintain procedures for obtaining, recording, maintaining, and purging relevant
information or each request for service to include, but not limited to:
a. control number;
b. date and time of request;
c. name and address of complainant (if possible);
d. type of incident reported;
e. location of incident reported;
f. identification of officer(s) assigned as primary and backup units;
g. time of dispatch;
h. time of officer arrival;
i. time of officer return to service; and,
j. disposition or status of reported incident.
2. Members of the Department are refrained from entering into the ECC unless on
official business. The ECC is responsible for maintaining security measures for
the communications center to include, but not limited to:
a. limiting access to unauthorized personnel;

GO 561.03 – Department Communication Functions 2


Rev: 07/13/19
b. protecting equipment; and,
c. providing for back-up resources.
3. The ECC maintains the capability of immediate playback of recorded telephone
and radio conversations while it maintains continuous recording of radio
transmissions and emergency telephone conversations within the communications
center. The ECC will provide a specific procedural method for the following:
a. the secure handling and storage of audio records;
b. criteria and procedures for reviewing recorded conversations; and,
c. providing the retention of audio records for a minimum of thirty days.
4. Communications personnel shall have immediate access to the following
Departmental resources:
a. officer in charge;
b. duty roster of all personnel;
c. residential telephone number of every agency member;
d. visual maps detailing the agency’s service area;
e. officer status information;
f. an on-call list of agencies providing support services to the
Charlottesville Police Department;
g. emergency contact numbers for any agency, company, facility or
resources that may be required by the Charlottesville Police
Department in the provision of emergency services; and,
h. Tactical dispatching plans which will be kept within Information and
Management Services.

GO 561.03 – Department Communication Functions 3


Rev: 07/13/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 93-99


MAINTAINING RECORDS OF CALLS FOR SERVICE Date: June 20, 2019
VLEPSC Number: ADM.25.01 Manual Number: 561.10
Effective Date: 06/20/19
Authorization: Chief R.M. Brackney Follow-up Date: Annually

I. POLICY
The Charlottesville, University of Virginia and Albemarle County Emergency
Communications Center (ECC) receives and assigns all of the Charlottesville Police
Department’s “calls for service.” The calls include, but are not limited to, reports of
crime, citizen requests/calls for service, and other matters affecting the safety of the
community. The ECC also handles all of the Department’s radio traffic from officers that
have initiated enforcement actions, which include criminal investigations, arrests,
citations and summonses and incidents where the officers have dealt with non-criminal
matters and/or public safety hazards.

II. PURPOSE

Activities related to police action are referred to as “Calls for Service.” The ECC records
information about the dispatch and assignment of officers and the nature of these calls for
service in CAD. The information recorded in CAD is entered into a computer database
on the Department’s local area network. This data can be accessed by members of the
Department for analysis and reference.

III. PROCEDURE

Calls for service data can be accessed by members of the department for analysis and
reference through desktop computers or in-car terminals that are equipped with the
appropriate software.

GO 561.10 – Maintaining Records for Calls for Service


Rev: 06/20/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 81-99


COMMUNICATIONS – RADIO PROCEDURES Date: July 13, 2019
VLEPSC Number: ADM.24.02, ADM.24.03, ADM.24.06 Manual Number: 561.02
Effective Date: 07/13/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It shall be the policy of the Charlottesville Police Department that all personnel conduct
radio operations in accordance with the procedures and requirements of the Federal
Communications Commission, SIRS, as well as those outlined in this directive. It shall
be the policy of the Charlottesville Police Department that all personnel will maintain the
confidentiality of any citizen who communicates in any way with the Department when
generating a call for police service. This is to include but not limited to any phone calls to
the Emergency Communication Center (ECC), Information and Management Services or
any other entity which may direct Charlottesville Police personnel to respond in any
manner for a call for service.

II. PURPOSE
The purpose of this directive is to establish guidelines regarding proper radio operating
procedures to be used by Police Officers, Community Service Officers, Traffic Control
Officers, Animal Control Officers, and all other members of this Department.
This General Order is issued for the purpose of explaining the basic radio procedures of
the Charlottesville-UVa-Albemarle County Emergency Communications Center (ECC)
as it relates to the Charlottesville Police Department. The Charlottesville-UVa-
Albemarle County Emergency Communications Center is a separate entity that operates
as an independent agency from the Charlottesville Police Department. Certain areas of
the Emergency Communications Center Standard Operating Procedures have been
incorporated into this General Order.
The purpose of this directive will also be to establish guidelines to prevent the accidental
disclosure of the identity of any citizen who may contact Police Officers, Community
Service Officers, Traffic Control Officers, Animal Control Officers and all other
members of this Department when seeking assistance. This policy is meant to provide
Department Personnel with the proper wording to guide their actions so that they shall
not accidentally disclose the identity of any citizen to any civilian or any non law
enforcement personnel when responding for a call for service.

GO 561.02 – Communications – Radio Procedures 1


Rev: 07/13/19
The policy is meant to cover all calls for service that are dispatched from ECC, Service
Division or any other entity which may ask or direct police personnel to respond to a
particular location to investigate suspicious activity, ongoing problems or any other type
of activity that results in a call for service. By maintaining strict confidentiality of the
identity of these citizens we hope to encourage others within the city to report suspicious
activity and criminal conduct. Only by our mutual efforts can we reduce crime and the
fear of crime in our neighborhoods.

A limited number of the enclosed City of Charlottesville Police Department General


Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety (e.g.,
bank alarm response, response to an active threat, and Tactical Operations).

GO 561.02 – Communications – Radio Procedures 2


Rev: 07/13/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 132-00


MAINTENANCE AND RELEASE OF CRIMINAL
Date: June 18, 2018
HISTORY, DMV, AND INCIDENT RECORDS
VLEPSC Number: ADM.25.03, ADM.25.12 Manual Number: 562.05
Effective Date: 08/19/20
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The department shall create and maintain a record of each arrest. The department shall
maintain local criminal history information. The department will also contribute arrest
information to the Central Criminal Records Exchange (CCRE) and Federal Bureau of
Investigation (FBI) Criminal History Section. The department has access to automated
criminal history files and will use these files appropriately to conduct police business and
ensure public safety.

II. PURPOSE
The department must maintain accurate criminal history records and provide access to
local, state and national criminal history records. This access is for the use of agents
involved in the administration of justice. It will comply with all local, state and federal
regulations regarding the keeping and dissemination of criminal history information.

III. DEFINITIONS
A. VUS - Virginia Uniform Summons.
B. RMS - Records Management System
C. IMS – Information Management Services of the Charlottesville Police Department.
D. III - The National Criminal Information Network Interstate Identification Index. This
system makes available to criminal justice agencies, criminal history information
contained in records of its thirty-eight participating states.

IV. PROCEDURE
A. Records Section Access

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Rev: 08/19/20
1. Information Management Services will be the repository for and will ensure
the safe keeping of all department records related to incident reports, calls for
service, arrests, summons and warrants for both adults and juveniles.
2. No person shall have physical access to records maintained by IMS except for
those authorized by the access list.
3. The IMS Supervisor will maintain the access list. Persons eligible for the list
will include members of IMS, the Charlottesville Commonwealth Attorney's
Office and members of the department who have a demonstrated need for regular
access.
4. It will be the responsibility of each individual to familiarize themselves with
the rules and regulations regarding the safekeeping of records. No access list
member will disseminate information without approval of the IMS Supervisor.
5. The IMS Supervisor will review the access list on a quarterly basis.
B. Local Criminal History Security and Maintenance - Adult
1. Access to the paperwork files is limited to those people on the IMS Access
list. The department's System Administrator controls access to the computerized
records. It is generally limited to current department employees with valid
computer accounts who can authenticate through the multi-step password
procedure.
2. On arrests made by this department, data entry will be made from an Arrest
Worksheet or a Virginia Uniform Summons. An arrest processing procedure
describes the preparation of this worksheet and the other paperwork necessary to
properly document arrests.
3. Data entry on arrests made by other jurisdictions for our department will be
made from whatever forms and information are provided by the arresting agency.
The arrest entry will be as complete as possible considering all information
provided by the arresting agency.
4. The database created by this arrest data entry is the department's local
criminal history information.
5. The department also has local criminal history information recorded in the old
master name files.
6. Each charge in the arrest data will contain a document control number. This
number corresponds to the summons serial number or the document control
number on the CCRE Form SP-180 and SP-222 (Electronic Submission). This
number insures the proper recording of disposition on each charge.

C. Local Criminal History Creation and Maintenance - Juvenile


1. IMS will create and maintain records of all detentions of juveniles made for or
by the Charlottesville Police Department.

GO 562.05 – Maintenance and Release of Criminal History Records 2


Rev: 08/19/20
2. The department will comply with Virginia Code Section 16.1-299 through
16.1-309 when handling juvenile records.
3. Form SP-180's that document juvenile detentions will be handled separate
from adult paperwork. The original (top) copy will be placed in the juvenile
arrest file folder. These file folders are lavender in color and are located with the
juvenile mug shots in the juvenile records file drawer in IMS. The remaining
parts of the SP-180 will be sent to the Juvenile and Domestic Relations Court.
4. Upon notification by Juvenile and Domestic Relations Court the department
will destroy all copies related to charges that receive other than delinquent
dispositions.
5. Every detention for a charge that would be considered a criminal offense if
committed by an adult, will be entered into the departments computerized
Records Management System. Data entry will be done from an Arrest Worksheet
or a Virginia Uniform Summons. The arrest processing procedure specific to
juveniles will be followed. An incident report should also accompany all juvenile
arrests. Special care will be taken to enter the correct data in the juvenile
disposition field on these charges. This enables us to segregate these records from
the adult records.
D. Local Criminal History Dissemination - Adult
1. Local criminal history information will be disseminated by IMS personnel
only.
2. Local criminal histories currently exist in the computer RMS and the old card
file. These old files (hard copy) are from the period prior to Jan. 1, 1997. A local
criminal history check should include a query of both systems.
3. Local criminal history information will be disseminated to the following
individuals in accordance with the guidelines set forth under each:
a. Sworn members of the Charlottesville Police Department;
i. A print out of all charges regardless of disposition.
ii. The computer dissemination log automatically records the
identity of the staff member printing the record. The staff
member will enter the rank, first name and last name of the
requestor into the dissemination log.

b. Sworn members of other criminal justice agencies; and


i. A print out of all charges regardless of disposition.
ii. Proper identification will be required; this usually means
badge and department identification.
iii.The computer dissemination log automatically records the
identity of the staff member printing the record. The staff
member will enter the rank, first name, last name and the
complete name of the requestor's agency into the
GO 562.05 – Maintenance and Release of Criminal History Records 3
Rev: 08/19/20
dissemination log. The staff member will also note whether the
criminal history request was for a criminal investigation or for
employment background investigation.

iv. If an old file criminal history is found, the requestor should


complete a Local Criminal History Request. It should contain
the name, rank and agency of the requestor. This will be filed to
serve as documentation of the history dissemination.
c. Subjects requesting a copy of their own criminal history or a person
requesting a copy of a criminal history as the subject’s agent.

i. IMS staff will not disseminate local criminal history


information except as allowed in sections IV, D, 3, a) and b)
ii. Written instructions regarding the obtaining of criminal
history information by citizens shall be available and
disseminated by IMS staff upon request.

E. Local Criminal History Dissemination - Juvenile


1. Juvenile detention information will be released to appropriate criminal
justice agencies only. The department will only provide juvenile detention
history to those criminal justice agency personnel who have a demonstrated
need for the information. The IMS Supervisor must approve release of this
information. Examples of appropriate release are as follows:
a. Commonwealth's Attorney for prosecution of purposes.
b. Juvenile Court appointed caseworker conducting a social history
investigation.
c. Sworn law enforcement officer conducting an investigation related to the
juvenile offender.

F. Contribution to State and Federal Criminal History Records


1. The department will comply with Virginia Criminal Code Section 19.2-390
and other state and federal regulations regarding the submission of criminal
history information.
2. The department will submit arrest information on Part A offenses, committed
by adults, to the Central Criminal Records Exchange via the "Live Scan"
processing unit or by the mailing of inked prints.
a. Exceptions to this procedure may occur in certain circumstances. In such
cases arrangement for processing and records submission will be made as
soon as practical. Such circumstances may include:
i. mass Arrest
ii. inoperative Live Scan System

GO 562.05 – Maintenance and Release of Criminal History Records 4


Rev: 08/19/20
3. Part B offenses, committed by adults will be reported to the Central Criminal
Records Exchange after conviction. The departments Telephone Reporting Unit
will process persons convicted and submit a CCRE Form SP-180. IMS will file
the original (top) copy of the Form SP-180. The remainder of the form will be
forwarded to the Central Criminal Records Exchange.
4. The Juvenile & Domestic Relations Court is responsible for forwarding all
information on juvenile detentions and their dispositions to the CCRE and FBI.
G. Release of Criminal History Information from CCRE, FBI and III.
1. Release of criminal history information obtained through our VCIN terminal
will comply with Virginia Code Section 19.2-389.
2. Release of information will be made to criminal justice agency personnel
only.
3. Members of the Department, when necessary, may share criminal history
information obtained from the Virginia Central Criminal Records Exchange, the
Federal Bureau of Investigation or the Interstate Identification Index with any
authorized members of the criminal justice system.
4. Officers who require a criminal history to further their investigation or arrest
processing shall request a member of Information and Management Services to
make an inquiry on the subject’s name into the Virginia Crime Information
Network (VCIN).
a. The resulting VCIN criminal history hard copy will be issued in the name
of the officer requesting the criminal history.

b. Once the criminal history hard copy has been received by the requesting
officer, that officer is responsible for its confidentiality and safekeeping.

5. Members of the Department shall be designated the primary recipient of


criminal history information that is accessed by Information and Management
Services. Other criminal justice agency members for whom an authorized inquiry
can be made and a hard copy report generated will be considered secondary
recipients of the criminal history information, which will be logged.
6. Officers sharing criminal history information with a Magistrate, or any other
authorized person, shall not leave their hard copy report with the Magistrate or
with any other person.
a. Should a Magistrate or any other authorized person with whom an officer
has shared their criminal information history with requests to keep a hard
copy of that criminal history report, the officer will inform that person that
a new criminal history report can be generated in their name.

b. Any authorized person requesting that a secondary hard copy be issued in


their name shall be informed that once he or she receives the hard copy
he or she shall be responsible for the confidentiality and safekeeping of
that secondary report.
GO 562.05 – Maintenance and Release of Criminal History Records 5
Rev: 08/19/20
7. Officers may assist a Magistrate in obtaining their hard copy of a criminal
history information report by notifying Information and Management Services
personnel to make a VCIN inquiry on the subject(s) in the Magistrates name.
Other authorized persons shall be directed to appear at Information and
Management Services to request a secondary criminal information report.
8. It shall be the responsibility of Information and Management Service
personnel to log all secondary criminal history disseminations in accordance with
VCIN regulations.
9. “ Criminal records must be destroyed (shredded or burned) when they have
served the purposes for which they were requested. No personal file is kept for
maintaining criminal records from the computerized files, as all criminal records
are readily available from the computer when needed ”. (VCIN Regulation
Manual Section II-9-27)
a. Criminal history printouts must not be crumpled and thrown into waist
baskets or carelessly discarded.
b. Members will shred all hard copies of criminal history information
reports after they have provided:
i. the necessary information;
ii. served their intended purpose ; and
iii. are no longer needed.
c. Shredders are available at the following locations:
i. Information Management Services ;
ii. Investigations Bureau ;
iii. Central Booking Center; and
iv. Magistrate’s Office
H. Penalties for Criminal Violations
1. Virginia Code § 9.1-136. Any person who willfully and intentionally requests,
obtains, or seeks to obtain criminal history record information under false
pretenses, or who willfully and intentionally disseminates or seeks to disseminate
criminal history record information to any agency or person in violation of this
article or Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, shall be guilty of a Class 2
misdemeanor.
I. Dissemination of Incident Reports
1. Copies of an Incident Report that are released to the public will comply with
the following guidelines. Information that meets the following criteria will be
redacted from the report:
a. Information that would affect ongoing investigations;
b. information protected by the victim's privacy act;
GO 562.05 – Maintenance and Release of Criminal History Records 6
Rev: 08/19/20
c. Information related to juveniles that are victims, witnesses or arrestees.
2. Parties requesting summary reports must be the reporting party or victim
listed in the report, the individual requesting the report must show a valid photo
identification at the Information Management Services counter in the police
department lobby. The individual must obtain the report summary during normal
business hours (8 am to 4 pm) Individuals who are not involved in the police
incident subject to the request are not eligible to obtain a summary of a police
report.
3. There will be a ten-dollar ($10.00) fee for copies of incident reports. Proper
identification will be required to receive the report.
4. Copies of Incident Reports may be given to another criminal justice agency if
the agency requesting the copy can demonstrate a need for the report. Need is
generally defined as; the report is necessary for them to carry out their official
duty. Reports that are part of an ongoing investigation should not be released
until the assigned investigator has been consulted and approved the report release.
Proper identification will be required (badge with I.D.).
5. Required Incident Based Report information shall be retrieved from the
Records Management System on a monthly basis, reduced to computer diskette
and forwarded to the Virginia Department of State Police by the 15th day of the
month following the indexed month.
J. Dissemination of Accident Reports
1. Accident Reports (Virginia DMV Form FR-300) may be released to an
interested party. Examples of persons allowed access to Accident Reports are
insurance company representatives, parties involved in accidents and agents
representing involved parties.
2. There is a fifteen-dollar ($15.00) fee for copying of each accident report
and/or accident photograph(s).
3. Copies of accident reports will be provided to persons listed on the accident
report upon presentation of photo identification verifying identity.
4. Copies of accident reports will be provided to insurance company
representatives or legal agents that present the policy declaration page or signed
information release of one of the involved parties on company letterhead.
5. Mail requests for accident reports will be filled provided that the request
comes from an involved party or is on letter head of the insurance company and
cites the name of the insured and their policy number.
6. Information and Management Services is responsible for sending the original
copy of the completed Police Accident Report (FR-300) to the Virginia
Department of Motor Vehicles, Richmond, Virginia.
K. Release of information from Division of Motor Vehicle Files.
1. The release of vehicle registration and driver's license information maintained
in the Department of Motor Vehicle files is governed by applicable VCIN
GO 562.05 – Maintenance and Release of Criminal History Records 7
Rev: 08/19/20
regulations as well as Virginia Code Section 46.2-208 and 46.2-210. Department
personnel will only release information from DMV files to the following people.
a. Sworn officers of this department or any other recognized law
enforcement agency. (This includes Community Service Officers)
b. Agencies clearly involved in the administration of justice, such as the
Commonwealth's Attorney's Office, Magistrate, Judge, Court Clerk,
Probation officer, etc.
c. Towing companies may receive registration information on vehicles that
they have towed at the direction of this department. No other information
shall be released.
L. Internal/External Distribution of reports and statistical crime analysis.
1. IMS does not routinely distribute reports or records to component commands
within the Charlottesville Police Department. All commands have access to the
Department’s Records Management System (RMS) through their individual
computer workstations. Information necessary for the assignment of cases and
investigative follow-ups is available through this system.
2. Requests from the public and media for Department data analysis or statistical
reports will be forwarded to the RMS System Administrator and handled pursuant
to General Order 50-99, Crime Analysis and the Release of Department Statistical
Information.
3. Requests for statistical reports or crime analysis from City of Charlottesville
agencies shall be forwarded directly to the RMS System Administrator and
processed pursuant to General Order 50-99.
M. Expunging and sealing of criminal history information.
1. The department will expunge and seal all information related to criminal
arrests based on court order. The following procedure will apply.
a. The department must be in receipt of a written request from the Virginia
State Police. It must be accompanied by a petition and Court order. The
IMS Supervisor will direct the compliance with this procedure and Virginia
Code Section 19.2-392.2.
b. The subjects master name file information will be removed from all
records related directly to the offense for which the expungement was
ordered. This includes hard copies, computer files, fingerprints,
photographs and any FBI or CCRE correspondence related to the charge.
Neither the arrest record nor the report needs to be removed from the RMS.
They must however be disconnected from the master name file and all
references to the subject removed.
c. The expunged records will be placed in an envelope and sealed. Upon
the front of the envelope will be written, “EXPUNGED RECORD TO BE
UNSEALED ONLY BY _______________ COURT ORDER., as well as
an assigned index number. An expungement logbook containing the name of
GO 562.05 – Maintenance and Release of Criminal History Records 8
Rev: 08/19/20
the sealed records and the corresponding assigned index number shall be
maintained by the IMS Supervisor.
d. All sealed expungements, as well as the expungement logbook, will be
stored in a locked filing cabinet located in the IMS Supervisor’s Office
designated for that purpose. The IMS Supervisor and their supervisor will
maintain a key to the filing cabinet.
e) Once the expungement is complete, a letter will be forwarded to the
Virginia State Police advising them that the expungement is complete and
the record sealed.
f) In accordance with Virginia Code Section 19.2-392.3, an expunged record
will not be opened without a court order, nor will any acknowledgement of a
prior record be given to any requestor of such information.
N. Challenge to Criminal History Records
1. Individuals who desire to challenge their own CCH record information must
complete documentation provided by the criminal justice agency maintaining the
record and forward it to the CCRE or the agency maintaining the record.
a. A duplicate copy of the form and the challenged record may be
furnished to the individual initiating the challenge or review.
b. The individual’s record concerning arrests for felonies and Class 1 and
2 misdemeanors may be challenged at the CCRE or the agency
maintaining the record. For offenses not required to be reported to the
CCRE, the challenge shall be made at the arresting law enforcement
agency or the agency maintaining the records.
2. If an individual raises a question as to the validity of his criminal history
record, or particular piece of information on that record, the IMS Supervisor will
be notified immediately.
a. The IMS Supervisor will personally listen to the complaint and then
examine the information at hand which led to the complaint.
b. If the information in our files appears accurate and the subject of the
record still complains there is an error, the complaint will be handled
in accordance with Virginia Administrative Code - Rules and
Regulations Relating to Criminal History Record Information Use and
Security, §6VAC 20-120-70.
c. If the problem lies with a record not held by the agency, the
complaining subject will be directed to CCRE or the agency which
holds the record.
3. Message Flags
a. If an individual wishes to receive their “record check” before a dispute
is settled on a record, the record check will have the words “RECORD
CHALLENGED” typed next to the record.

GO 562.05 – Maintenance and Release of Criminal History Records 9


Rev: 08/19/20
b. The Chief of Police or his designee is the only one authorized to sign a
record being released that has been identified as a challenged record.
The Chief of Police or designee will proceed as outlined in Virginia
Administrative Code - Rules and Regulations Relating to Criminal
History Record Information Use and Security, §6VAC 20-120-70.

GO 562.05 – Maintenance and Release of Criminal History Records 10


Rev: 08/19/20
OFFENSE GROUPS LISTING

The following is a list of Group A and Group B Offenses as defined by IBR Standards. Use this listing as a guideline to help you
determine when an arrest or warrant should be linked to an incident report. Please remember that any warrant or arrest for Group
A offenses require it to be linked to an incident report. Group B offenses do not require an IBR, but our Department has policy
on writing reports for certain Group B Offenses, If the Group B arrest or warrant is linked to an incident report, you should note
such when entering for department records.

GROUP A

Arson Robbery
Assault Offenses Sex Offenses, Forcible
Aggravated Assault Forcible Rape
Simple Assault Forcible Sodomy
Intimidation Sexual Assault with an Object
Bribery Forcible Fondling
Burglary/Breaking & Entering Sex Offenses, Non-Forcible
Counterfeiting/Forgery Incest
Destruction/Damage/Vandalism of Property Statutory Rape
Drug/Narcotic Offenses Stolen Property Offenses (Receiving., etc.)
Drug/Narcotic Violations Weapons Law Offenses
Drug Equipment Violations
Embezzlement
Extortion/Blackmail
Fraud Offenses
False Pretenses/Swindle/Confidence Game GROUP B
Credit Card/Automatic Teller Machine Fraud
Impersonation Bad Checks
Welfare Fraud Curfew/Loitering/Vagrancy Violations
Wire Fraud Disorderly Conduct
Gambling Offenses Driving Under Influence
Betting/Wagering Drunkenness
Operating/Promoting/Assisting Gambling Family Offenses, Non-violent
Gambling Equipment Violations Liquor Law Violations
Sports Tampering Peeping Tom
Homicide Offenses Runaway
Murder & Non-Negligent Manslaughter Trespass on Real Property
Negligent Manslaughter All Other Offenses
Justifiable Homicide
Kidnapping/Abduction
Larceny/Theft Offenses
Pocket-Picking
Purse-snatching
Shoplifting
Theft from Building
Theft from Coin-Operated Machine or Device
Theft from Motor Vehicle
Theft of Motor Vehicle Parts or Accessories
Motor Vehicle Theft
Pornography/Obscene Material
Prostitution Offenses
Assisting or Promoting Prostitution

GO 562.05 – Maintenance and Release of Criminal History Records 11


Rev: 08/19/20
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 117-00


LEGAL PROCESS CONTROL AND SERVICE Date: November 14, 2019
VLEPSC Number: OPR.12.01, OPR.12.02 and OPR12.04 Manual Number: 562.15
Effective Date: 11/14/2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Department must provide for the careful and t14imely handling and service of all
legal process to ensure that service is made in the best interest of the community we serve
and the Department.

II. PURPOSE

This directive provides guidelines for the proper handling and control of all criminal and
civil process received and served by the Charlottesville Police Department.

III. DEFINITIONS
Records Management System (RMS) - The Department’s RMS is a computerized
database. Legal Process - For the purposes of this directive, legal process is defined as
criminal process for the crimes reported or investigated by the Charlottesville Police
Department. The Department handles subpoenas from General District Court, which are
civil in nature but are related to criminal cases. The department handles Emergency
Custody Orders and Temporary Custody Orders guided by the Albemarle-Charlottesville
Psychiatric Crisis Manual and in accordance with Virginia Code Section 37.1-67.01 and
37.1-67.1. All other civil process is handled by the Charlottesville Sheriff’s Office.
IMS – Information and Management Services of the Charlottesville Police Department.

IV. PROCEDURE
A. Handling Legal Process
1. All legal process that is not served immediately after it is obtained will be turned
over to IMS. The legal process includes, but is not limited to:
a. warrants;
b. capias;
c. subpoenas; and

GO 562.15 – Legal Process Control and Service 1


Rev: 11/14/19
d. probation Violations (PB-15s).
Note: IMS does not handle search warrants, they are the responsibility of the
investigating officer’s command.
2. The investigating officer can delay system entry and/or service of a warrant if
knowledge of the warrant’s existence or immediate execution would create one of
the following exigent circumstances:
a. danger to the officer or the public;
b. a clear indication that destruction of valuable evidence would result;
c. impediment to an investigation that could not be overcome by other
investigative methods; or
d. clear and significant indications that the suspect would flee or avoid capture.
3. The authorization to hold a warrant should be made by a member of the Department
with the rank of Lieutenant or above. The supervisor’s approval to delay service or
data entry of the warrant shall be in consideration of the extreme danger any delay in
apprehension could create. Delays should be only long enough to organize an arrest
effort, conduct surveillance or to allow the suspect to arrive at a location that is more
strategically advantageous to the officer or for public safety.

4. Warrants received from other jurisdictions will be handled in accordance with


Section IV of the Information and Management Services Manual. A copy of the
Manual is available from the IMS Supervisor, each IMS Staff member and on the
Police Department Sharepoint Site.
B. Data Entry
1. All legal process received by IMS will be entered into the RMS as soon, as is
operationally possible.

2. The following information regarding each item of legal process shall be recorded
and maintained to include:
a. the date and time received. The RMS automatically records the date and time
the process information was entered into the system and shall be considered
the date and time the process was received by the Department;
b. type of process (civil/criminal);
c. nature of document;
d. source of document;
e. name of plaintiff/complainant/defendant/respondent;
f. officer assigned for service;
g. date of assignment;
h. method of service;
i. date of service and/or return; and

GO 562.15 – Legal Process Control and Service 2


Rev: 11/14/19
j. court docket number (which is maintained and recorded by the Court).
The entry process creates a unique warrant number that is used for all tracking
and handling purposes.
3. Legal process for arrest will receive the highest entry priority.
4. All data will be entered in compliance with Section III of the IMS Manual.

C. Inquiry
1. Inquiries concerning the active status of legal process will be made by a query of
the RMS. Members of IMS or other appropriately trained Department members are
permitted to make a query.
2. IMS Personnel provide twenty-four hour assistance for legal process inquiries,
which can be made by radio (channel 2), telephone or in person.
3. A computer indication of an active process does not constitute probable cause for an
arrest. The status of the process must be verified with the presence of the original
document.
4. Verification for legal process that has been received by the Department from
another jurisdiction must be made to ensure the original paper and that copy of
the process in the department possession has not already been served.
D. Service
1. IMS will generate and send warrant notification letters for the following types of
active warrants when they are checked into IMS:
a. bad check warrants;
b. class 3 and 4 misdemeanor warrants;
c. all traffic violation warrants.

2. Anytime an original legal process leaves IMS for any reason, a warrant
tracking entry will be made in the RMS. The return of un-served process that is
returned to IMS will also be documented with a warrant tracking entry.
3. A Warrant Worksheet, listing the name of the person to be served, will be
generated after data entry of the legal process is entered into the RMS.
4. Warrant Worksheets shall be distributed to Department members for use in
making service. Worksheets for process to be served within the City of
Charlottesville will be given to Patrol Supervisors. Worksheets for process
to be served outside the City of Charlottesville shall be retained in the
Information Management Services section.

5. All warrants to be served outside of the Department’s jurisdiction will be handled


in accordance with the procedure of the IMS Manual, Section IV. A copy
of the manual is available from the IMS Staff.

GO 562.15 – Legal Process Control and Service 3


Rev: 11/14/19
6 The Shift Commanders or their designee shall review the pending warrant lists
daily to determine which warrants should be assigned for service attempt.
Worksheets for the selected warrants shall be requested from IMS who will
verify the existence of the actual warrant before providing the worksheets. The
shift commander will issue the worksheets for attempted service. In providing
for service, the Shift Commander shall consider the nature of the legal process,
the shift’s workload and the likelihood of successful service during their tour
of duty.
7. Service of the legal process should be made on the person for whom the process
was issued. The nature of all the Department’s process is criminal and therefore
service on other than the person intended is usually not appropriate. If service
of a subpoena is made on someone other than the person on the face of the
process, a clear note explaining the service must be made of the warrant
worksheet.
8. Officers attempting service will note their attempts and results on the warrant
worksheet. If service is not made officers will record the following information
on the worksheet:
a. person on who the process service was attempted;
b. date and time of the attempted service;
c. badge number of the officer serving the process;
d. location of attempted service;
e. reason for non-service; and
f. additional information that may aid in future service attempts.
9. Warrant worksheets shall be returned to IMS before the assigned officer's end of
tour of duty. When the process is received by IMS, personnel shall check the
process in by creating a warrant tracking module note.

10. Warrant Worksheets for un-served process that patrol is no longer actively
attempting to serve will be kept on file in IMS until the final disposition of the
process.

11. All legal process service that results in a summons or arrest will be documented
by an arrest report or uniform summons in accordance with department
procedure for documenting such action.
12. Service of legal process will be documented on the warrant report and include
the following information:

a. name of person to who service was addressed (if different than name on
worksheet) and to whom the process was served.

b. date and time of service;


c. badge number of serving officer;

GO 562.15 – Legal Process Control and Service 4


Rev: 11/14/19
d. location of service; and
e. method of service if other than “personal”.
13. Completed Warrant Worksheets that document served process will be returned
to IMS and kept on file for 90 days after which they shall be destroyed.

E. Property involved when executing the legal process

1. All property involved in the legal process must be disposed of according to state
law.
2. Officers executing a legal process that involves a legally possessed property item(s)
should make every effort to keep the item in the subject’s possession. If the subject
is remanded to jail, the item should be submitted to jail authorities. When it is
impractical to keep the item with the subject, (e.g. bicycle, etc.) the officer will
submit the item to the Forensics Unit property section in accordance with the
appropriate department procedure.
3. Contraband items coming into the officer’s possession as a result of the legal
process shall be submitted as evidence and handled in accordance with Department
evidentiary procedure.
4. The execution of legal process to seize property, including search warrants and
asset forfeitures, shall be made by the assigned investigating officer in accordance
with Department procedures.

GO 562.15 – Legal Process Control and Service 5


Rev: 11/14/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 133-00


VCIN/NCIC UTILIZATION Date: November 14, 2019
VLEPSC Number: ADM. 25.10 Manual Number: 562.20
Effective Date: 11/14/19
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department participates in the Virginia Criminal Information
Network and the National Criminal Information Network. The Information and
Management Services Supervisor directs and coordinates our participation. They ensure
the department maximizes use of the system and complies with relevant regulations and
procedures.

II. PURPOSE
The Virginia State Police and Federal Bureau of Investigations operate criminal
information networks to facilitate law enforcement statewide and nationwide. The
department participates in the use of these systems to enhance its mission. This
procedure provides for a method to govern our participation. The department utilizes the
system to enhance public safety. It also provides a means to apprehend fugitives that
have fled our jurisdiction or that have fled other jurisdictions and are located within the
city. The system also enables our department to recover stolen property removed from or
brought into our jurisdiction.

III. DEFINITIONS
A. IMS – Information and Management Services of the Charlottesville Police
Department
B. RMS - Records Management System
C. VCIN - Virginia Criminal Information Network, a system maintained by the Virginia
State Police.
D. NCIC - National Criminal Information Network.
E. III - The National Criminal Information Network Interstate Identification Index. This
system makes available to criminal justice agencies, criminal history information
contained in records of its thirty-eight participating states.

GO 562.20 – NCIC/VCIN Utilization 1


Rev: 11/14/19
IV. PROCEDURE
A. System Operation
1. The IMS Supervisor will serve as the department VCIN Terminal Agency
Coordinator. Their responsibilities include:
a. ensuring compliance with VCIN/NCIC rules and regulations, including
validation of wanted file records as prescribed in the VCIN Manual;
b. security of VCIN Terminal
c. updating of VCIN/NCIC Manuals
d. liaison between department members and VCIN staff.
2. VCIN access is established through the use of terminal emulation software known
as G-Link. This software and subsequent access are available through authorized
computer workstations only.
3. Department members who are properly trained and certified as terminal operators
by the Virginia State Police may access VCIN through these workstations. Other
department members may access the system under the supervision of a certified
operator. Each person allowed to transmit must log-in with their own password.
4. IMS will operate a primary VCIN terminal twenty-four hours a day. All
emergency traffic sent to our department is addressed to this terminal.
B. Administrative Messages and Bulletins
1. IMS will handle the sending of all formal administrative messages and the posting
of bulletins. Members of the department needing messages sent should submit
their request to an IMS staff member with the body of the message written by the
officer making the request.
2. IMS staff will distribute bulletins and messages received to the appropriate
divisions of the department using the following guidelines:
a. bulletins on wanted persons, missing persons, vehicles, restoration of felon’s
weapons rights and officer safety notices will be distributed to the Patrol
Bureau and Investigations Bureau;
b. messages requesting "similar case" information will be sent to the
Investigations Bureau;
c. requests for information will be handled within IMS;
d. officer death notice bulletins will be sent to the Field Operations Division
Commander and the Traffic Unit, copied to the Chief of Police;
e. training announcements shall be sent to the Training Unit;
f. traffic fatalities shall be sent to the Virginia State Police.

GO 562.20 – NCIC/VCIN Utilization 2


Rev: 11/14/19
C. VCIN/NCIC System Queries
1. Any certified terminal operator must log-in utilizing their own password. Those
operators with active passwords or operators under the supervision of a certified
operator can make queries into NCIC/VCIN records.
2. Queries that result in a positive response will be immediately verified by a hit
confirmation request.
3. IMS should handle all hit confirmation requests.
D. Wanted Persons
1. Wanted person queries are the primary responsibility of IMS.
2. Wanted person entry, clearing, canceling and modification will be handled
exclusively by IMS.
3. IMS shall automatically enter all felony warrants and all capias warrants into the
VCIN system, upon the warrant meeting minimum VCIN/NCIC entry
requirements, within 72 hours of the stamped received date.
4. Warrants will be entered into the NCIC wanted files upon request of the
investigating officer. The request must be accompanied by the appropriate
extradition authorization from the Commonwealth's Attorney's Office.
5. All entries into the wanted person files will be documented in accordance with
VCIN regulations. The VCIN wanted person files are kept in an area specifically
designated for these files.
6. Any member of the department who has made an arrest of someone who has been
entered into the VCIN/NCIC system will submit arrest documentation to IMS,
including an arrest report and a copy of each executed paper by the end of the
officer’s tour of duty. Once an officer has confirmed with IMS that a subject has
been taken into custody for a City of Charlottesville warrant, IMS shall clear the
warrant from VCIN/NCIC immediately if previously entered. IMS will clear the
warrant from VCIN/NCIC prior to receiving an arrest report when notified by an
officer via telephone, in person, or radio. IMS will clear warrant in VCIN/NCIC
and make tracking notes in RMS that contain the officer’s name, date/time, and
location of recovery.
7. If the department receives a “locate” from another agency regarding a City of
Charlottesville warrant that has been executed by that agency, IMS shall
immediately clear the warrant from VCIN/NCIC if previously entered.
8. Any member of the department who is made aware of any legal process that has
been recalled by the court or has otherwise become invalid will immediately
contact IMS to ensure that any VCIN/NCIC/RMS entries are cancelled. Upon
notification, IMS will cancel the legal process and make note in tracking as to
who, date/time, and purpose of the recall.
E. Missing Persons

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Rev: 11/14/19
1. IMS will enter all missing juveniles into the VCIN/NCIC system within two hours
from the time the report was written, provided that it meets minimum
VCIN/NCIC entry requirements. If the report does not meet minimum
VCIN/NCIC entry requirements, IMS will send the report back to the appropriate
on-duty supervisor for correction.
2. Missing adults will be entered in accordance with VCIN/NCIC regulations and at
the request of the investigating officer or supervisor.
3. IMS will also use the VCIN system to post an area wide bulletin to include
specific localities described as possible destinations for the missing juvenile.
4. All records of a missing person entry, to include modification, cancel, clear, and
removal from VCIN/NCIC, shall be attached to the related incident report.
5. Clearing, canceling and locates of missing persons will be done when IMS
receives an incident report supplement documenting return of the missing person.
IMS will also clear the missing person from VCIN/NCIC when notified by an
officer via telephone, in person, or radio and make tracking notes in RMS that
contain the officer’s name, date/time, and location of recovery. The Officer will
also submit a supplemental report. In both instances, the officer should included
wording which clearly documents return of the missing person and a request to
immediately remove the missing person from VCIN/NCIC.
F. Stolen Vehicles
1. Stolen vehicles will be entered into the VCIN/NCIC system as soon as IMS
receives an incident report documenting the theft.
a. The incident report narrative for a stolen vehicle should consistently use the
word “stolen” as appropriate for clarification purposes.
b. The narrative of the supplement should contain the language specifically
requesting removal of item from VCIN/NCIC.

2. Clearing, canceling and locates of stolen vehicles will be done when IMS receives
an incident report supplement documenting the recovery of the vehicle. IMS will
also clear the vehicle from VCIN/NCIC when notified by an officer via telephone,
in person, or radio. IMS will clear or locate the vehicle in VCIN/NCIC and make
tracking notes in RMS that contain the officer’s name, date/time, and location of
recovery. The Officer will also submit a supplemental report. In both instances,
the officer should included wording which clearly documents the vehicle being
recovered and a request to immediately remove the vehicle from VCIN/NCIC.
3. All records of stolen vehicle entry, to include modification, cancel, clear, and
removal from VCIN/NCIC, shall be attached to the related incident report.
4. Vehicles reported as unauthorized use shall be entered into VCIN/NCIC only
upon a warrant being obtained for the offender.
5. Clearing, canceling and locates of unauthorized use vehicles will be done when
IMS receives an incident report supplement documenting the recovery of the
vehicle. IMS will also clear the vehicle from VCIN/NCIC when notified by an

GO 562.20 – NCIC/VCIN Utilization 4


Rev: 11/14/19
officer via telephone, in person, or radio. IMS will clear or locate the vehicle in
VCIN/NCIC and make tracking notes in RMS that contain the officer’s name,
date/time, and location of recovery. The Officer will also submit a supplemental
report. In both instances, the officer should included wording which clearly
documents the vehicle being recovered and a request to immediately remove the
vehicle from VCIN/NCIC.
G. Stolen Boats, Securities, Tags, Guns and Other Articles
1. These stolen items will be entered upon request of an investigation officer.
Requests are made by submitting an incident report supplement requesting
VCIN/NCIC entry.
a. the incident report narrative for a stolen property should consistently use the
word “stolen” as appropriate for clarification purposes.
b. the narrative of the supplement should contain the language specifically
requesting removal of item from VCIN/NCIC.
2. Members recovering or locating any of these items will submit an incident report
supplement documenting the recovery. The narrative of the supplement should
contain the language specifically requesting removal of item from VCIN/NCIC.
Clearing, canceling and locates will be done when IMS receives an incident report
supplement documenting the recovery of the property. IMS will also clear the
vehicle from VCIN/NCIC when notified by an officer via telephone, in person, or
radio. IMS will clear or locate the vehicle in VCIN/NCIC and make tracking
notes in RMS that contain the officer’s name, date/time, and location of recovery.
The Officer will also submit a supplemental report. In both instances, the officer
should included wording which clearly documents the recovery and a request to
immediately removal the property from VCIN/NCIC.
3. All records of a stolen item entry and removal from VCIN/NCIC shall be attached
to the related incident report.
H. Validation
1. VCIN/NCIC system entries will be validated in accordance with VCIN Operator's
Manual Section II. Validation of warrants will include physically locating the
warrant(s) in question. Validation of stolen items and missing persons will
include a review of the incident report worksheet, the RMS and consultation with
the investigating officer.
2. Validation of stolen items and missing persons will include a review of the
incident report and consultation with the investigating officer.
I. Restoration of Felons Right to Possess Weapons
1. Before an arrest warrant is obtained for a felon in possession of a firearm, a
records check shall be completed and confirmed through IMS staff.
2. Officer(s) shall contact IMS staff and request a records check. This check will
entail a conviction summary through VCIN/NCIC, as well a pistol check for a
(Weapon rights reinstatement) Alert.

GO 562.20 – NCIC/VCIN Utilization 5


Rev: 11/14/19
GO 562.20 – NCIC/VCIN Utilization 6
Rev: 11/14/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: General Order Number: 124-00


EXECUTION OF LEGAL PROCESS Date: June 19, 2018
VLEPSC Number: OPR.12.03 Manual Number: 562.25
Effective Date: 06/19/18
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
The Charlottesville Police Department will serve all legal processes related to criminal
offenses upon persons and entities within the jurisdiction of the City of Charlottesville.
In addition, the Charlottesville Police Department will assist the City of Charlottesville
Sheriff’s Department in the service of Temporary Detention Orders, Emergency Custody
Orders and Protective Orders.

II. PURPOSE
To provide clear guidelines on jurisdictional limitations, time limits for service, territorial
limits and provisions for the issue of a summons in lieu of an arrest.

III. PROCEDURE
A. The Charlottesville Police Department will serve the following types of legal process:
1. Felony Warrant
2. Misdemeanor Warrant
3. Misdemeanor Summons
4. Capias, Upon Indictment, Presentment, or Information
5. Capias, Attachment of the Body.
6. Direct Indictment
7. Arrest Authority, Probation and Parole
8. Show Cause Summons
9. Juvenile Detention Order
10. Summons
11. Protective Order – Adult
12. Subpoena

GO 562.25 – Execution of Legal Process 1


Rev: 06/19/18
13. Search Warrant
14. Temporary Detention Order
15. Emergency Custody Order
B. Jurisdiction
1. A Police Officer of the City of Charlottesville may within their jurisdiction
execute a warrant, capias or summons issued anywhere in the Commonwealth of
Virginia (Virginia Code section 19.2 – 76).
2. The jurisdiction of an officer of the City of Charlottesville, in criminal cases
against the Commonwealth, shall extend 1 mile beyond the corporate limits
(Virginia Code Section 19.2 – 250).
C. Time Requirements
1. Information and Management Services (IMS) shall comply with Virginia Code
Section 19.2-76.1 through the submission of quarterly reports to the
Commonwealth Attorney concerning unexecuted criminal processes that have
remained unexecuted in excess of the aforementioned statutory provision.
a. The quarterly reports shall be submitted in writing no later than the tenth day
of April, July, October and January of each year and accompanied with a list
of the unexecuted criminal processes, which may be considered by the circuit
court for destruction.

b. Felony warrants with an age of seven years, and misdemeanor warrants,


summons, capiases, and other criminal processes with an age of three years
may be destroyed with the approval of the Commonwealth Attorney and
concurred by a court order.
i. The Commonwealth Attorney may petition the court that certain
unexecuted legal process not be destroyed due to active case investigation.
ii. The circuit court shall not order destroyed any warrant, which charges
capital murder or any unexecuted criminal process that is deemed
justifiable by the court.
2. Legal processes ordered by the Court to be destroyed or pending destruction will
not be sent out for service.
3. Temporary Detaining Orders will remain active for 24 hours and an Emergency
Custody Order will be active for 4 hours.
D. Issuance of a Summons in Lieu of Arrest
(See General Order 74-99 – Arrest With and Without a Warrant/Alternatives to
Arrest).

GO 562.25 – Execution of Legal Process 2


Rev: 06/19/18
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 64-99


EXTERNAL RELATIONSHIPS WITH OTHER
GOVERNMENT AGENCIES AND PUBLIC OR Date: October 24, 2019
PRIVATE SERVICE AGENCIES
VLEPSC Number: ADM.14.01 & 14.02 Manual Number: 570.00
Effective Date: Oct. 24, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the obligation of the Department as a member of the Criminal Justice System to work
with and assist Judiciary and Prosecutorial agencies. Further, effective communications
between the Department and the Commonwealth’s Attorneys in case preparation and
presentations are essential. Such communication will not only aid in prosecution of cases,
but also assist in this Department’s investigation of those cases.
In addition, the Charlottesville Police Department functions within a larger framework of
local, state and federal government, as well as within the government structure of the City
of Charlottesville. Mutual cooperation with other law enforcement agencies and other
City of Charlottesville agencies is an essential element of this Department’s goal of
protecting the citizens and their property. A spirit of cooperation and mutual assistance
must be maintained.
Further, by identifying and maintaining a liaison with public and private service agencies
the Department enables its members to direct persons needing assistance to appropriate
community services and resources,

II. PURPOSE

This policy sets a standard of both conduct and cooperation for the Department and
establishes Department liaison personnel to foster Department relationships with other
agencies, both within and outside of the City.

III. DEFINITION
A. Liaison: Communication between groups or units; one that maintains communication.

GO 570.00 – External Relationships with other Government Agencies and Public or Private Service Agencies 1
Rev: 10/24/2019
III. Procedures
A. It shall be the responsibility of the Field Operations Division Commanding Officer to
designate members of the Department to act as liaison with the Commonwealth
Attorney’s Office, criminal justice agencies, fire and rescue departments and
public/private service agencies. Liaison shall include, but not be limited to, the
following agencies:
1. Criminal Justice agencies within the Charlottesville service area:
a. Local adult and juvenile courts;
b. Commonwealth’s Attorneys;
c. probation and parole agencies;
d. adult and juvenile correctional agencies; and
e. other law enforcement agencies having concurrent authority in the
Charlottesville service area.
2. Local Fire and Rescue agencies:
a. Charlottesville Fire Department; and
b. Charlottesville-Albemarle Rescue Squad;
3. Public and Private Service Agencies:
a. American Red Cross; and
b. Other regional service agencies/organizations
B. Members of the Department who have been designated to act as liaison shall maintain
an ongoing communication with their assigned agency(s). The continued
communication should permit a common forum for all parties to address operational
issues and other work related concerns in an effort to determine mutually acceptable
solutions.
C. It shall be the responsibility of the designated liaison officer to meet, as appropriate,
with the Field Operations Division Commander to exchange information on matters
of concern.
D. The Field Operations Division Commander shall review Department liaison
commitments annually and when necessary designate a member of the Department to
fill a liaison assignment that has become open due to promotion, retirement, etc. of its
designee

GO 570.00 – External Relationships with other Government Agencies and Public or Private Service Agencies 2
Rev: 10/24/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 94-99


SPECIAL EVENTS Date: October 24, 2019
VLEPSC Number: OPR.05.03 Manual Number: 570.10
Effective Date: Oct. 24, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the policy of the Charlottesville Police Department to handle special events (e.g.
parades, demonstrations, etc.) in the City of Charlottesville in order to ensure the safety
and well-being of the public and those involved. Special events will vary in duration and
complexity. It will therefore be necessary to plan for each event separately.

II. PURPOSE
The purpose of this directive is to have established guidelines for the coordination,
direction and control of special events. This is to ensure the safety of the participants, the
members of the community and to minimize the disruption that the special event will
have on traffic and the public.

III. DEFINITIONS
A. Special Event: shall refer to sports events, pageants, celebrations, historical
reenactments, carnivals, music festivals and other entertainment, exhibitions,
dramatic presentations, fairs, festivals, races (e.g., runs/walks), block parties, and
other similar activities, conducted on public property.

IV. PROCEDURE
A. Coordinator of Special Events
1. The Support Operations Division Commander or their designee shall supervise
and coordinate special events that require assistance from the Charlottesville
Police Department.
2. The Support Operations Division Commander or their designee shall determine
the type of police assistance necessary to handle the special event. If the
assistance required is minimal, they may contact the Commander of the affected
Bureau/Section/Unit/Shift and request that the event be handled by that
Department component.

GO 570.10 – Special Events 1


Rev.: 10/24/2019
B. Request for Information
1. As soon as possible after notification that a special event is planned and will
involve the assistance of the Charlottesville Police Department, the Support
Operations Division Commander or his/her designee shall contact the organizers
of the event and determine:
a. The nature of the event,
b. the date, time, and expected duration of the event,
c. the location, including any specific routes involved,
d. the number of participants,
e. any anticipated problems, and
f. any special permits required, if any.
C. Special Considerations
1. The following will be considered when planning for a special event:
a. A written estimate of traffic, crowd control and crime problems expected,
b. the number of personnel needed to handle the event,
c. the use of special operations personnel (e.g., tactical or negotiating units)
d. coordinate with other sections of the Department and with outside agencies,
as well as those residences and businesses in the affected area,
e. logistics requirements,
f. advance inspection of sites,
g. the need for a special radio channel and the coordination of its use with the
Emergency Communications Center (ECC),
h. the need to gather intelligence from various sources on groups planning
activities which may involve violence, and
i. any post-incident reports, if applicable.
D. Direction and Control for Special Events
1. The Department will provide only that degree of traffic direction and control
service in support of special events that is absolutely necessary.
2. The primary task of Department personnel conducting traffic direction and control
in support of a special event is to assist motorist and/or pedestrians in the vicinity
of the event. The following will be considered in the coordination of conducting
traffic control and direction before and during the special event:
a. The perimeter of streets of the special event shall be used to its maximum
advantage by eliminating or increasing parking space, making temporary one-
way streets, and assigning members to key intersections for control.

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Rev.: 10/24/2019
b.The Department will need to determine and coordinate with other public
service and transportation agencies, including railroad, mail and public works, if
applicable, to provide an opportunity in adjusting the normal schedules for their
services.
c. Adequate emergency service access will be provided to the scene of the event,
including fire and ambulance services.
d.The Department will provide for adequate crowd control. The use of cones or
other appropriate barriers may be used along the route of the special event with
members stationed at intervals as needed.
e. The Department will issue adequate publicity for any changes or alterations in
street utilization, parking availability, public transportation services, and the
location of the special event.
f. Provisions will be made for identifying those persons working directly with
the event to assist them in crossing police lines. This includes promoters of the
event, vendors and press personnel.
g.Provisions should be made to provide an adequate personal break to
Department personnel who are providing traffic and control services. The
personal break shall be consistent with the scheduled or anticipated duration of
the traffic direction and control services.
h.If traffic direction and control services are to be provided in support of the
special event by private sources, the Department will review those services and
their duty assignments prior to the event to ensure their adequacy.
E. The provisions of this directive shall be periodically reviewed and updated as needed.

GO 570.10 – Special Events 3


Rev.: 10/24/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.

Type of Directive: GENERAL ORDER Number: 95-99


VIP/DIGNITARY SECURITY AND/OR PROTECTION Date: October 21, 2019
VLEPSC Number: OPR.05.03 Manual Number: 570.20
Effective Date: Oct. 21, 2019
Authorization: Chief R.M. Brackney Follow-up Date: As Needed

I. POLICY
It is the mission of this Department to provide a safe community for everyone who
resides in the City of Charlottesville or passes through its boundaries. At times this will
also include the security and safety of VIPs and/or dignitaries who require a greater
degree of security. In these cases, any sworn member may be called upon to serve in the
capacity of a security detail for VIPs/dignitaries. It is essential that the Charlottesville
Police Department be prepared to provide VIP security services in an efficient, competent
and professional manner. Security details will vary in duration and complexity. It will,
therefore, be necessary to plan for each one individually.

II. PURPOSE
The purpose of this General Order is to establish guidance for the planning and execution
of VIP/dignitary security.

III. DEFINITIONS
A. Coordinator: the initial coordinator for security details will be the Field Operations
Division Commander or his/her designee.

GO 570.20 – VIP/Dignitary Security and/or Protection 1


Rev. 10/21/2019

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