Creating and Administering Policy

Creating policy is a daunting task that requires a variety of skills. During this program students will be exposed to a number of general issues consistent with all policy development. There will also be attention given to specific high liability areas such as vehicle operations, use of force, conducting searches and training policy. The importance of the administering of policy will also be discussed. For policy to be successful a number of issues must be carefully considered, such as who should be involved, resources needed/available, funding, the desire/ability to enforce and a host of others. These issues will be discussed in detail along with options available to the individual tasked with developing policy. Often policy is viewed as being aimed at “getting somebody” when in fact it helps protect officers. The importance of policy development as it pertains to protecting officers, public and department will help provide administrators with the tools to explain the dangers of not having established policy.

Given this class students will be able to:

· Explain tort liability

· List at least six possible tort claims that can result from negligence

· Define special concerns regarding policy and the mentally ill

· Explain Garrity rights and their place in policy development

· Define policy verses procedure

· Identify those who benefit from good policy development

· Define qualified immunity

· Explain why policy is a necessity

· Define the “Twelve Critical Tasks”

· Demonstrate a knowledge of “Road Mapping” as a tool for policy development

· Differentiate between law, common practice and department policy

· Create a standardized format for developing policy documents

· Explain Graham v Conner (490 U.S. 386) role in use of force policy development · Define use of force policy concerning free citizens, pretrial detainees and sentenced offenders

· Explain report writing’s role in use of force incidents · Explain “Due Regard” and its role in policy development

· Identify vehicle operations other than pursuits that require written policy

· Brief Scott v Harris impact on vehicle to vehicle contact during pursuits

· Define supervisor responsibility during pursuits as established by policy

· List at least three reasons why policy should include guidance on searching techniques

· Explain vehicle search as opposed to vehicle inventory

· List the three requirements of search incident to arrest

· Write a training policy based on state law, departmental needs and external factors.