Rule 100 - Territorial Jurisdiction

This rule is issued to clarify the territorial jurisdiction of the Boston Police Department and to provide guidelines for the exercise of that jurisdiction by sworn members of the Department.
Its provision are effective immediately, superseding all previously issued rules, regulations, orders, bulletins and memoranda regarding the jurisdiction of the Boston Police.

Sec. 1 GENERAL CONSIDERATIONS: Generally, the jurisdiction of a municipal police agency extends to all property located within the municipality’s boundaries except property owned by non-municipality’s authority. The Commonwealth and the Federal Government have the power to exercise exclusive jurisdiction over their properties in Boston; however, it would be unusual for them to do so. Even under circumstances in which jurisdiction is not clear, there is rarely a problem as long as the officers involved use good judgment and cooperate as fully as possible with the officials responsible for the property.

Sec. 2 HARBOR AND ISLANDS: The department has statutory responsibility to police certain areas of the Boston Harbor and some of the islands in it; specifically, the Department has jurisdiction over Thompson, Spectacle, Long, Rainsford, and Deer Islands. The below map illustrates the territorial limits of the city in the Harbor area and the responsibility for policing islands within the city limits.

Sec. 3 LICENSED PREMISES: As agents of the Licensing Board of the City of Boston, police officers of this department are authorized to inspect all premises licensed by the Board, including those on state property; e.g., establishments on Northern Avenue and at Logan Airport. The officer may exercise the full authority of his office on such premises.

Sec. 4 SUFFOLK COUNTY BUILDINGS: In buildings within Boston under the control of Suffolk County, a Boston police officer may exercise the full authority of his office.

Sec. 5 STATE HIGHWAYS: Chapter 81, section 19, of the general Law establishes the police jurisdiction of a municipality over “all state highways within its limits.” The Boston Police Department, therefore, has jurisdiction over all streets and highways in the city except those under the exclusive control of the Metropolitan District Commission. On any state highways within the city, Boston Police jurisdiction is shared with the appropriate agency or agencies.

Sec. 6 METROPOLITAN DISTRICT COMMISSION ROADWAYS: There is some question as to the extent of a Boston officer’s authority and responsibility on M.D.C. controlled roadways.
Members of the Department who are called upon to take official action on a M.D.C. roadway should take whatever action is necessary to meet the emergencies of the situation and should notify the State Police.
If no emergency exists, the officer’s authority will be the same as it is on any other statecontrolled property inside Boston (see Sections 8, 10 and 11).

Sec. 7 MASSACHUSETTS TERRITORY OUTSIDE BOSTON: Under normal circumstances, a Boston police officer has the authority to make an arrest outside Boston in situations involving (1) fresh and continued pursuit within the city of a person who has committed an arrestable offense in the pursuing officer’s presence, or (2) execution of a warrant of arrest or commitment. In all cases when an arrest or investigation is to be made outside the City, the appropriate law enforcement agency will be notified, if possible, before the event takes place.

Sec. 8 STATE BUILDINGS AND PROPERTY: A Boston officer’s authority on state-controlled property inside Boston is much the same as his authority outside the city. He may make an arrest on such property in situations involving (1) fresh and continued pursuit of a person who has committed an arrestable offense in his presence, or (2) execution of a warrant of arrest or commitment. In cases when such an arrest is to be made, the officer involved will notify the State Police. If possible, before the arrest takes place.
Boston Police are not authorized to enter state buildings or properties to conduct investigations without the prior consent of an official in charge of the property. Boston police officers must obtain permission from such an official prior to conducting any investigations on statecontrolled
property.

Sec. 9 CALLS FOR SERVICE ON STATE PROPERTY: The following procedures will be followed when the services of the Department are requested on state property within the city.

A. The person having control of the state property will notify the Boston Police Department Operations Division. In situations involving construction areas on state property for private contractors the contractor is responsible for the area and, therefore, has the responsibility to initiate the request for police assistance.

B. The Boston Police Department will respond immediately upon receipt of a request for police assistance.

C. Upon receipt of an emergency call for police assistance, the Boston Police Department will immediately notify the State Police.

D. A liaison officer from the State Police will be dispatched to the scene to evaluate the situation regarding further assistance and deployment of State Police manpower and equipment.

E. Members of all departments involved will cooperate to alleviate the emergency situation and the liaison officer from the State Police will be responsible for the overall coordination of the activities with the on-scene commanders of the Boston Police Department and the State Police.

Sec. 10 FEDERAL PROPERTY: The department’s jurisdiction over Federal property varies from one property to another, depending upon the type of control exercised by the Federal Government and the nature of the activity to be undertaken by the Department. As a matter of practice, before entering upon Federally-owned property with the intention of making an arrest, conducting an investigation, or otherwise exercising police authority, Boston police officers will contact the agency in charge of the property and obtain permission.
However, if the officer is in fresh pursuit of a subject wanted (1) for an arrestable offense committed in the pursuing officer’s presence, or (2) on a warrant of arrest or commitment, he may continue the pursuit onto Federal Property and notify the appropriate police agency once the suspect is either apprehended or lost.
In cases where a private building in the city is occupied in part by a Federal agency, the officer may exercise the full authority of his office on the premises so occupied.

Sec. 11 EXTENSION OF JURISDICTION UNDER SPECIAL CIRCUM-STANCES: The full jurisdiction of Boston police officers is extended to other cities or towns of the Commonwealth or to statecontrolled property if and when they are sent by the Department pursuant to a request for assistance from the appropriate authority. In such cases, the Boston officer’s legal powers will equal those of a police officer of the requesting authority; however, he or she will be under the authority of this Department and will act in accordance with its rules and policies.

Chapter 607, Section 1 of the General Laws, 1979, authorized a police officer empowered to arrest within the city of Boston to exercise such authority of arrest of a person found within five hundred yards into the corporate limits of the town of Brookline and a police officer empowered to arrest within the town of Brookline may exercise such authority of arrest of a person found within five hundred yards into the corporate limits of the city of Boston if as a result of an investigation or as a result of his personal observation said police officer would have the right to arrest a person without a warrant for any offense if said offense had been committed within his jurisdiction. A police officer acting under this act is authorized to exercise all powers incidental to arrest which he would possess if such arrest was made within his jurisdiction. (Accepted by Boston City Council, 10-31-79.)

NOTE: Rule No. 100, promulgated in July of 1974, and amended in July of 1982. Section 9, 10, and 11 were rearranged, in addition, the second paragraph was added to Section 11.

NOTE: This rule has been changed to reflect changes in the State Police Agencies.

Rule 100A - Area Boundaries

April 2, 2001

This rule is issued to establish the boundaries of the various Areas of this Department. It is effective as of April 2, 2001, superseding and rescinding all previously issued rules, orders, directives and memorandums on this subject and replaces Rule 100-A, issued May 15, 1996.

GENERAL CONSIDERATIONS: When a street is named as a boundary it is to be understood, unless otherwise specified, that the Area line runs through the center of the street.

When an Area line crosses from side to side, a drawbridge that is totally within the city limits, it is to be understood, unless otherwise specified, that the line passes through the center of the draw at right angles with the roadway.

When a bridge, with or without a draw, is not totally within the city limits, it is to be understood that the Area line follows such limits.

A bridge without a draw, whether passing over water or not, is to be considered a part of the street or streets leading to it.

When an Area line runs along a railroad track or a street crossed by a bridge, the Area line on the bridge shall correspond with that on the street or the tracks.
Generally, when an Area line passes over a bridge either longitudinally or from side to side, the same line shall apply to any land or water under such bridge.

An Area bounded by waters of the inner harbor shall include wharves, piers or other structures projecting into or over said waters.

Lands of the United States used for naval, military, postal, customs or other federal purposes, and parks, parkway land or other property under the control of the Metropolitan District Commission (M.D.C.), are exempted from the territory included in an Area.

AREA A: To begin at a point in the center of the Fort Point Channel, at the northerly curb of the Broadway Bridge, then northerly by the center of the Fort Point Channel through the bridges to the northeast of the Charles River, then by the Boston line to a point northeasterly of the Charles River Dam, then by the center of the Charles River to a point opposite the easterly side of Embankment Road, then through the center of Beacon Street to a point opposite the easterly curb of Arlington Street to the southerly curb of Columbus Avenue to the easterly curb of Berkeley Street to Cortes Street, both sides, to Arlington Street to the northerly curb of Herald Street to the northerly curb of Broadway. The boundary continues by the northerly curbline of the Broadway Bridge to the point of beginning, including all territory within the limits of Charlestown and East Boston. The boundary excludes Logan International Airport and property under the care and control of the Metropolitan District Commission.

AREA B: To begin at a point at the median of the Melnea Cass Boulevard and Massachusetts Avenue intersection, southeast on Massachusetts Avenue (excluding Massachusetts Avenue) to Columbia Road and Massachusetts Avenue, south on Columbia Road (using the median as the boundary) to Annabel Street. At this point Area B assumes responsibility for both sides of Columbia Road including the businesses on both Stoughton Street and Hancock Street considered to be part of the Uphams Corner commercial district, to both sides of Bird Street.
The boundary resumes at the median of Columbia Road at Bird Street and continues south to Washington Street. Washington Street becomes the boundary between Area B and Area C with Area C assuming responsibility for both sides of Washington Street through Lower Mills to the center point of the Neponset River (Milton border). The boundary then continues from the center point of the Neponset River to the center of the Neponset river adjacent to Mattapan Square. Area B assumes responsibility for all businesses considered to be part of the Mattapan commercial district including both sides of Cummins Highway from Rockdale Street to River Street, both sides of River Street to 558 River Street and both sides of Edgewater Drive to Tesla Street. Both sides of Rockdale Street and Tesla Street are on Area E. At Rockdale Street and Cummins Highway, the median of Cummins Highway becomes the boundary between Area B and Area E to Harvard Street to Morton Street. Through the center of Morton Street then along the westerly boundary of the Franklin Park Reservation, to the intersection of Westminster Avenue and Walnut Avenue. West on Westminster Avenue to the intersection of Washington Street and Bragdon Street, west on Bragdon Street to the intersection of Columbus Avenue and Bragdon Street. Area E assumes the responsibility for all addresses on Westminster Avenue and Bragdon Street. From this point the median of Columbus Avenue to the intersection of Columbus Avenue and New Heath Street, becomes the boundary of Area B and Area E. New Heath Street, Heath Street and South Huntington Avenue become the boundary between Area B and Area E with Area E assuming responsibility for all addresses on New Heath Street, Heath Street and South Huntington Avenue to Huntington Avenue. Area B retains responsibility for both sides of Huntington Ave to the Riverway, both sides of the Riverway northeast to the Fenway, both sides of the Fenway to Louis Prang Street and both sides of Ruggles Street. The boundary continues to the median of Tremont Street to Melnea Cass Boulevard. From this point the boundary between Area B and Area D becomes the median of Melnea Cass Boulevard to Massachusetts Avenue. The boundary continues from the median of the intersection of Melnea Cass Boulevard and Massachusetts Avenue to the off ramp of the Southeast Expressway.

AREA C: To begin at a point at the waters of the harbor opposite the center of the Fort Point Channel at the northeasterly side of the Northern Avenue Bridge, then through the center of the Fort Point Channel to and through the city and railroad bridges and the center of South Bay to the Broadway Bridge, then on a straight line from the center of the Fort Point Channel to and through the city and railroad bridges and the center of South Bay to the Broadway Bridge, then on a straight line from the center of the Fort point Channel as it intersects with the Broadway Bridge, including all of said bridge. The boundary continues from the northern most property line of the northwestern end of the Broadway Bridge, south along the centerline of the Southeast Expressway to Massachusetts Avenue off ramp. From the Massachusetts Avenue off ramp to the intersection of Melnea Cass Boulevard and Massachusetts Avenue. Southeast from the intersection of Massachusetts Avenue and Melnea Cass Boulevard to the intersection of Columbia Road and Massachusetts Avenue. Area C assumes responsibility for both sides of Massachusetts Avenue between Melnea Cass Boulevard and Columbia Road. The median of Columbia Road serves as the boundary between Area B and Area C to Annabel Street where Area B assumes responsibility for the Uphams Corner commercial district (defined as all addresses on both sides of Columbia Road up to and including both sides of Bird Street and businesses on Stoughton Street and Hancock Street considered to be part of the Uphams Corner commercial district). At the intersection of Bird Street and Columbia Road, the median of Columbia Road resumes as the boundary between Area B and Area C to Washington Street.
The boundary continues southwest on Washington Street to Adams Street to the center point of the Neponset River (Milton border). Area C assumes responsibility for both sides of Washington Street, Adams Street and Miller’s Lane. From this point the boundary moves east to the boundary line between Boston and Quincy, to the waters of the harbor, then follows the line of property under the jurisdiction of the Metropolitan District Commission (M.D.C.), excluding property under the care and control of the M.D.C., then follows the line of property of the M.D.C. to Pleasure Bay, then by the waters of the harbor to a point opposite the center of the Fort Point Channel. Area C is additionally responsible for Long Island from the midpoint of the Long Island Bridge (Quincy boundary) outward, Thompson Island, Rainsford Island and Spectacle Island.

AREA D: To begin at a point at the northernmost end of the Broadway Bridge at Albany Street, then southerly along the center of the roadway of the Southeast Expressway, to the Massachusetts Avenue off ramp. The Massachusetts Avenue off ramp becomes a divider between Area C and Area D. The boundary continues from a point in the center of the Massachusetts Avenue and Melnea Cass Boulevard intersection. From this point the boundary between Area B and Area D becomes the median of Melnea Cass Boulevard to the median of Tremont Street to Ruggles Street to Louis Prang Street to the Fenway to the Riverway. Area B will have jurisdiction of both sides of the street making up the boundary between Area B and Area D including Ruggles Street and the Fenway (between Louis Prang Street and the Riverway).
The boundary continues northeasterly to the northwest corner of Park Drive, then by the southwest side of Park Drive to a point at the southerly line of the Boston and Albany Railroad tracks, then southwesterly to the Boston-Brookline line. The boundary continues northerly along the Boston-Brookline boundary to Commonwealth Avenue including all of Allston/Brighton. At this point the boundary follows the property line under the jurisdiction of the Metropolitan District Commission (M.D.C.) to a point opposite the easterly curb of Embankment Road, then through the center of Beacon Street to a point opposite the easterly curbline of Arlington Street. The boundary continues by the easterly curb of Arlington Street to the southerly curb of Columbus Avenue to the easterly curb of Berkeley Street, both sides, to the Massachusetts Turnpike to Arlington Street to the northerly curb of Herald Street, then by the northerly curb of Herald Street to the Broadway Bridge.

AREA E: To begin at the intersection of New Heath Street and Columbus Avenue. New Heath Street, Heath Street and South Huntington Avenue is the boundary between Area B and Area E.
Area E assumes responsibility for both sides of New Heath Street, both sides of Heath Street and both sides from South Huntington Avenue to Huntington Avenue. South along the dividing line between Boston and Brookline. The boundary continues southerly and easterly to and by the dividing line between Boston and Newton, Boston and Dedham, and Boston and Milton to a point opposite and including both sides of Tesla Street and up to 556 River Street. Area B assumes responsibility for both sides of River Street from 558 River Street to Cummins Highway excluding both sides of Rockdale Street. At this point the median of Cummins Highway becomes the divider between Area B and Area E. The boundary continues through the center of Cummins Highway to the center of Harvard Street, to the center of Morton Street. The boundary continues along both sides of: Forest Hills Street, Glen Road, Sigourney Street and Walnut Avenue to the intersection of Westminster Avenue and Walnut Avenue. Westerly along Westminster Avenue to Washington Street. From the intersection of Washington Street and Bragdon Street, west on Bragdon Street to the intersection of Bragdon Street and Columbus Avenue. Area E assumes responsibility for both sides of Westminster Avenue and Bragdon Street. At this point the median of Columbus Avenue becomes the boundary between Area B and Area E. North to New Heath Street.

NOTE: BOSTON HARBOR WATERS The waters of the Boston Harbor, while an actual part of the City of Boston, are not included in any Area for jurisdictional purposes. These waters are the responsibility of the Harbormaster and the Harbor Patrol Section of the Special Operations Division, Bureau of Field Services.

Rule 101 - Organizational Structure

July 21, 2023

Effective Saturday, July 22, 2022, Rule 101, Organizational Structure is hereby amended as follows:

Sec. 4 Definitions: Zone added

The new Organizational Codes for the Zone Patrol Division are as follows:

Zone Patrol Division 1 41000

Zone Patrol Division 2 42000

Zone Patrol Division 3 43000

Sec. 9.2 Patrol Divisions is replaced with Zone Patrol Divisions

Sec. 9.3 is edited and Sec. 9.4 and 9.6 are created.

Sec. 14 Bureau of Community Engagement (BCE)

BCE titles for existing organizational codes

60000 Bureau of Community Engagement/Office of the Chief

60010 Crime Stoppers Unit

60020 School Engagement Unit

60030 Community Collaboration and Engagement Unit

60040 Citywide Community Initiatives Unity necessary

Personnel orders for any organizational changes will follow if necessary.

ORGANIZATIONAL STRUCTURE

General Considerations: In order to maintain consistency throughout these Rules, whenever a reference is made to a Commander or Director, it shall be understood that in cases where an employee is assigned within a District or Division, it means the Commander or Director of the District or Division. In cases where an employee is assigned to a Bureau Office, it means the Bureau Chief. In cases where an employee is assigned to an Office that reports directly to the Police Commissioner or the Superintendent-in-Chief, the responsibility shall remain with the head of the Office where the employee is assigned.

Sec. 1 Organization: The Boston Police Department is structured into a series of organizational components that represent functional groupings of employees performing like activities. This structure of the Department provides management with a means of assigning responsibility for performance of a group of functions to a single supervisor or manager and clarifies to whom specific employees are accountable.

Sec. 1.1 Operating Philosophy – Community Policing: Community Policing is the operating philosophy and style of policing of this Department. Community Policing is defined as the police and community sharing responsibility to ensure safe, secure, and livable neighborhoods. Police Officers and the Department create partnerships with citizens and all relevant public and private agencies to identify and successfully solve problems that engender crime, disorder and fear, and that negatively impact the quality of life in a particular community. These problems are removed through the pursuit of these strong partnerships and Department initiatives that balance prevention, intervention, and enforcement. As these conditions are removed, the Department, other agencies, and the public continue to work together to prevent new problems from arising.

Sec. 2 Table of Organization: The structure of the organization is management’s mechanism for bringing together and coordinating resources to accomplish goals and objectives. The structure of the Department can be expected to change with increases or reductions in resources or when the strategies or priorities are altered. The Department has established a Table of Organization that will be updated periodically to reflect these changes. A copy should be maintained in the Rules and Procedures Manual and will be posted permanently in at least one location in each District or Unit accessible to all members of the Department.

Sec. 3 Grades and Ranks: The many sworn ranks and civilian grades within the Boston Police Department reflect the paramilitary structure of the organization. The Boston Police Department is organized under the following ranks, grades or position titles:

Police Commissioner

Sworn:
Superintendent-in-Chief
Superintendent
Deputy Superintendent
Captain or Captain Detective
Lieutenant or Lieutenant Detective
Sergeant or Sergeant Detective
Police Officer or Detective
Probationary Officer

Civilian:
Bureau Chief or Legal Advisor
Assistant Bureau Chief
Division Director
Deputy Division Director, Unit or Office Director
All Other Support Positions

Sec. 3.1 Commissioner’s Absence: Unless otherwise authorized by the Police Commissioner, or upon the vacancy of his/her office without a temporary Police Commissioner having been appointed, the Superintendent-in-Chief will serve as Acting Police Commissioner. If the Superintendent-in-Chief is absent or otherwise unavailable to perform this duty, the Superintendent, Bureau of Field Services will serve as Acting Police Commissioner. If the Superintendent, Bureau of Field Services is absent or otherwise unavailable to perform this duty, the Superintendent who has the most seniority, as determined by their date of appointment to the rank of Superintendent, will serve as Acting Police Commissioner.

Sec. 3.2 Command and Control: In the absence of authorization from the Police Commissioner to the contrary, and subject to the provisions of the succeeding sections of this rule, the senior officer of the highest rank, as determined by his/her date of appointment to that rank, who is present for duty at any place, or on any occasion, shall command.

Sec. 3.2.1 Special Service: For a special service, or for a specified period of regular service, the Police Commissioner may designate an officer to take command without regard to seniority in the same rank.

Sec. 3.2.2 Special Assignment Command: Nothing in this Rule, or elsewhere, shall authorize any officer below the grade of Deputy Superintendent to take command, without authorization from the Police Commissioner, of an Office, Bureau, Area, District, Division or Unit to which he is not regularly assigned. Any officer designated by the Police Commissioner, the Superintendent-in-Chief, a Superintendent or a Deputy Superintendent, to perform a special duty in any part of the City shall be free to carry out their instructions without regard to the authority of any other officer, even though such officer is their superior. An officer with such a special duty to perform may direct specific action be taken by other officers, both Superior Officers and subordinates.

Sec. 3.2.3 District Authority: When service is to be performed wholly within a District, but with the assistance of officers from other Districts, an officer of rank attached to the home District and present for duty, shall have authority over an officer of the same rank, even though senior by appointment to that rank, who is detailed from another District or Unit.

Sec. 4 Definitions: Throughout this Rule, various terms are used to describe functions and groupings within the Department. The following is a list of these common terms and their definitions:

Department: The Boston Police Department.

Bureau: The level of command responsible for coordinating and directing a major grouping of like activities within the Department.

Zone: The city is divided into 3 Zones. Zone 1 comprises Areas A and D, Zone 2 comprises Areas B and C, Zone 3 comprises Area E.

Area: An administrative level of command of the Bureau of Field Services, responsible for two or more geographically defined Districts of the city.

Office: The level of command responsible for coordinating and directing a grouping of specific interrelated functions within the Department.

Division: That portion of a Bureau or Office, which may or may not consist of Units, a Section or Sections, which has responsibility for specific functions.

District: A geographical portion of an Area for which responsibility is assigned to a commander, along with personnel and other resources in sufficient quantity to provide general police service on a 24-hour basis.

Group: A part of an Area, District, Division or Office with personnel and resources assigned ongoing responsibility for a particular function.

Unit/ Section: Personnel and resources of an Area, District, Division, Group or Office assigned to perform a special task.

Platoon: A group of officers comprising the work force of a District or Specialized Unit for a particular period of the day and containing its own supervisory and command officers.

Squad: A group of officers under the command of an officer of rank which, in a District, is responsible for patrolling and policing of a neighborhood sector, sectors or beats. In a specialized unit, a squad is responsible for an operational task.

Sector: A geographical area of the city defined by identified neighborhood and/or business section boundaries of variable size within a District, responsibility for which is assigned to one or more patrol units.

Beat: A neighborhood, business section, or portion thereof within a District to which responsibility for patrol purposes is assigned to one or more officers under the direction of a Squad supervisor.

Team: A group of officers assigned patrol responsibility for a geographical area of a District; or, a number of specially trained on-call personnel who are normally assigned throughout the Department but who respond as a functioning unit to perform a specific task, e.g. Negotiation Team, SWAT Team.

Sec. 5 Organizational Structure: The executive head of the Department is the Police Commissioner. The Police Department is organized into the following Offices and Bureaus:

Office of the Police Commissioner

Sec. 6 Office of the Police Commissioner: The Police Commissioner is the Executive Head of the Department and is responsible for the management, planning, direction and control of the Department. In addition to the Police Commissioner’s administrative and support staff and the Unit(s) listed below, the Offices and Bureaus which report directly to the Police Commissioner are, the Office of the Superintendent-in-Chief, the Office of the Chief of Staff, the Bureau of Professional Standards, the Office of Administrative Hearings, the Office of the Legal Advisor, the Office of Labor Relations, and the Office of Staff Inspections.

Sec. 6.1 Office of the Chief of Staff: Assists the Police Commissioner with policy and planning issues and with on-going operations of events, projects, and the Department’s goals and initiatives.

Sec. 6.1.1 Dignitary Protection Unit: Provides security and protection for the Office of the Mayor and the Office of the Police Commissioner, and visiting dignitaries and guests of those two offices. This Unit reports to the Chief of Staff.

Sec. 6.1.2 Office of Research and Development: Acquires and manages external funding for the Department; conducts research, development, and evaluation of crime prevention and intervention programming; assists in crime analysis and acts as a clearinghouse for crime statistics for the Department; conducts Department wide performance measurement and benchmarking; and acts as a liaison with federal, state, and local law enforcement, community and governmental entities.

Sec. 6.2 Office of Staff Inspections: This Office has the primary responsibility to ensure compliance with rules and procedures regulating court overtime and paid detail earnings.

Sec 6.2.1 Paid Detail Assignment Unit: Responsible for the assignment and oversight of paid details through authorized vendors.

Sec. 6.2.2 Court Unit: Provides oversight of the activities of officers when appearing in court.

Sec. 6.3 Office of the Legal Advisor: This Office formulates legal opinions and provides legal perspectives on policy matters. Also, provides legal advice to members of the Department; represents the Department in selected civil litigation; presents cases where disciplinary charges are brought against Department employees; defends the Department in employment related matters.

Sec. 6.4 Office of Administrative Hearings: This Office has primary responsibility for managing the schedule of hearings, ruling on pre- and post-hearing motions, and conducting pre-hearing conferences and disciplinary trial boards.

Sec. 6.5 Office of Labor Relations: This Office is responsible for representing the Police Commissioner at employee collective bargaining negotiations, conferences and grievance discussions and for assisting in the development of policies regarding labor relations and negotiations.

Bureau of Professional Standards

Sec. 7 Bureau of Professional Standards, Office of the Chief: Reporting directly to the Police Commissioner, this Bureau has responsibility for ensuring that the professional standards and integrity of the Department and its members are maintained.

Sec. 7.1 Anti-Corruption Division: Reporting directly to the Bureau Chief, investigates instances in which a City employee is reported or suspected of involvement in criminal activity involving abuse of position and any other investigation at the direction of the Bureau Chief or the Police Commissioner.

Sec. 7.2 Internal Affairs Division: Reporting directly to the Bureau Chief, oversees the Internal Investigations Unit, the Recruit Investigations Unit and the Auditing and Review Unit.

Sec. 7.2.1 Internal Investigations Unit: Reporting directly to the Assistant Bureau Chief, investigates incidents of alleged police misconduct; reviews complaint investigations to assure that investigations are thorough and complete; analyzes all complaint data; and proactively assists in the development of needed training modules. Coordinates the Department’s efforts relative to the Early Intervention System (EIS) in those circumstances where intervention may prevent subsequent problems or complaints. Reviews the investigative efforts of personnel assigned to conduct recruit investigations.

Sec. 7.2.2 Recruit Investigations Unit: Reporting directly to the Assistant Bureau Chief, conducts background investigations on all police recruit applicants and other Department employees.

Sec. 7.3 Auditing and Review Unit: Reporting directly to Bureau Chief, performs periodic audits of specific functions within Units and Districts to assess their level of performance and their compliance with Department policies and Rules and Procedures; makes recommendations for the development or modification of organizational strategies and procedures.

Office of the Superintendent-in-Chief

Sec. 8 Office of the Superintendent-in-Chief: Reporting directly to the Police Commissioner, the Superintendent-in-Chief is the highest-ranking police officer in the Department. The Superintendent-in-Chief is responsible for the development, review, evaluation, and recommendation to the Police Commissioner of policies, procedures, and programs necessary to ensure the implementation of community policing and the effective delivery of police services to the public. The Bureaus, Offices, and Units that report directly to the Superintendent-in-Chief are, the Bureau of Field Services, the Bureau of Investigative Services, the Bureau of Administration and Technology, the Bureau of Intelligence and Analysis, the Bureau of Professional Development, the Bureau of Community Engagement, the Office of the Night Superintendent, the Peer Support Unit, the Office of Family Assistance, the Office of Media Relations and the Office of Multi-Media.

Sec. 8.1 Office of the Night Superintendent: Responsible for overseeing and supervising the delivery of general and tactical police services during the first half (evening) and last half (night or morning watch) tours of duty.

Sec. 8.2 Office of Family Assistance: Provides assistance to employees of the Department and their families, active and retired, in coping with personal loss, crisis, and transition of sworn personnel into retirement.

Sec. 8.3 Office of Multi-Media: Prepares illustrations, Department forms, graphic layouts, crime scene sketches and other artwork as required by the various Units and Divisions of the Department. Produces training and informational videos and provides videotaping services for crime scene investigations, line-ups, demonstrations, and special events.

Sec. 8.4 Peer Support Unit: Responsible for rendering assistance and counseling to Boston Police Officers.

Sec. 8.5 Office of Media Relations: This Office is responsible for keeping members of the Department, general public, and news media informed of police activities by responding to media and informational inquiries and through the preparation and dissemination of news releases.

Bureau of Field Services

Sec. 9 Bureau of Field Services, Office of the Chief: The Bureau of Field Services has primary responsibility for the implementation of Community Policing and the delivery of effective and efficient police services to the community, as well as primary responsibility for the delivery of general, tactical police services and joint Bureau operations, unless otherwise directed by the Police Commissioner.

Sec. 9.0.1 Homeland Security Unit (HSU): The HSU uses an all-hazard approach to prepare the City of Boston for any type of large-scale critical incidents, natural disasters, and terrorist attacks. This approach is designed to enable flexibility in response to mitigate the risk of harm and to coordinate proactively with Boston Police Department’s traditional and non-traditional partners. The Boston Police Department Homeland Security Unit (HSU) ensures that the Boston Police Department obtains information and resources to prevent, and if necessary, respond to terrorist attacks.

Sec. 9.0.2 Special Events Planning Unit: Prepares all operational and contingency plans for special event taking place in the City of Boston.

Sec. 9.0.3 Police Cadet Unit: Police Cadets are assigned to the Bureau of Field Services and are detailed to various Bureaus, Districts and Units for duty.

Sec. 9.1 Special Operations Division: Special Operations is responsible for specialized patrol, tactical, and selective enforcement operations.

Sec. 9.1.1 Tactical Operations: Responsible for providing specialized patrol, tactical, and selective enforcement operations in situations requiring a high degree of specialized training and/or equipment. Tactical Operations includes Mobile Operations Patrol, the SWAT Team, and the Negotiation Team.

Sec. 9.1.2 Special Operations Support Group: The Commander of the Special Operations Support Group represents the Commissioner and the BFS Superintendent on the City of Boston Environmental Strike Team and, as requested, at various judicial and regulatory hearings and procedures. The Group consists of the Harbor Patrol Unit, the Hazardous Materials Response Unit, the Explosive Ordnance Unit, the Canine Unit, and the Commercial Vehicle Unit.

Sec. 9.2 Zone Patrol Divisions: Responsible for the implementation of Community Policing and the provision of all police services to residents and visitors to the city. For administrative purposes, Districts are grouped into the following Areas, which, at the discretion of the Police Commissioner, may be placed under the command of an Area Commander:

Area A is comprised of District A-1 and District A-7. Area B is comprised of District B-2 and District B-3. Area C is comprised of District C-6 and District C-11. Area D is comprised of District D-4 and District D-14. Area E is comprised of District E-5, District E-13 and District E-18. District Commanders provide complete administrative and field supervision in the Districts under their control and are responsible for meeting the needs of citizens and for ensuring all functions and operations are performed in accordance with Department Rules and Procedures.

Overseeing the Area and District Commands are the Zone Commanders who report directly to the Chief, BFS. The city is divided into 3 Zones. Zone 1 comprises Areas A and D; Zone 2 comprises Areas B and C; and Zone 3 comprises Area E.

Sec. 9.3 Field Support Division: Assists the Bureau Chief in supporting the Bureau’s primary mission, assists in coordinating and managing resources for the implementation of Community Policing, and monitors and governs the expenditure of grant money and overtime funds allocated to the Bureau.

Sec. 9.4 Citywide Bicycle Unit: This unit has a goal of decreasing criminal activity by walking and riding bicycles in hot spot neighborhoods. The Unit is available for citywide deployment based on Department need.

Sec. 9.5 Street Outreach Unit (SOU): Promotes community-based outreach through partnerships and collaboration to those affected by mental illness, substance use disorder and/or homelessness in a professional, humane and supportive manner. The SOU aims to connect individuals to services before they engage in criminal activity or public disorder.

Sec. 9.6 Youth Violence Strike Force The Strike Force’s goal is to reduce the criminal activity and anti-social behavior of youthful offenders and youth gangs through directed and community-based policing strategies.

Bureau of Investigative Services

Sec. 10 Bureau of Investigative Services, Office of the Chief: The Bureau oversees the activities of the citywide investigative Divisions. The Bureau includes the Investigative Planning Unit, the Major Case Division, the Criminal Investigation Division and the Family Justice Division.

Sec. 10.0.1 Investigative Planning Unit: Provides administrative and operational logistical support to the Bureau Chief.

Sec. 10.1 Major Case Division: Responsible for conducting investigations of criminal activity by both individuals and organized groups. The Division includes the following: The Special Investigations Unit, the Drug Control Unit, the Financial Evidence Unit, and the DEA Task Force Unit. The Division’s Support Group includes the Civil Rights Unit, the Fire Investigation Unit, the Auto Theft Unit, the District Attorney’s Office Unit, the Licensed Premises Unit and the Sex Offender Registry Information Unit.

Sec. 10.1.1 Special Investigations Unit: Responsible for conducting general and specialized investigations of criminal activity by both individuals and organized groups.

Sec. 10.1.2 Drug Control Unit: Responsible for investigations of incidents of drug trafficking. The Drug Control Unit includes Opioid Response Unit.

Sec. 10.1.3 Support Group: Includes the Civil Rights Unit, Fire Investigation Unit, the Auto Theft Unit, the District Attorney’s Office Unit, the Licensed Premises Unit and the Sex Offender Registry Information Unit.

Sec. 10.2 Criminal Investigation Division: Responsible for conducting general and specialized

investigations. The Division includes the Homicide Unit, the Fugitive Section and District Detectives.

Sec. 10.2.1 Homicide Unit: At the direction of the District Attorney’s Office, investigates and prepares cases on all homicides, suspicious deaths, serious assaults, and battered children cases in which the victim is in danger of death, as well as the investigation of the sudden death of infants or those apparently stillborn. Included in the Homicide Unit is the Fatal Collision Investigative Team (FCIT).

Sec. 10.2.1.1 Fugitive Section: Reporting directly to the Homicide Unit Commander, responsible for tracking and prosecuting persons wanted as Fugitives from Justice. The unit is comprised of the Investigations/Rendition Squad and the Apprehension/HIDT Squad.

Sec. 10.2.2 District Detectives: Responsible for general investigations of crime committed within the geographical boundaries of the respective districts to which they are assigned.

Sec. 10.3 Family Justice Division: Responsible for the Department’s response to, and investigation of incidents of sexual assault and domestic abuse. The Division connects victims and witnesses with services and support through the Children’s Advocacy Center of Suffolk County and other service providers. The Division includes the Crimes Against Children Unit, the Domestic Violence Unit, the Human Trafficking Unit and the Sexual Assault Unit.

Sec. 10.3.1 Crimes Against Children Unit: Responsible for the investigation of incidents of crimes against children.

Sec. 10.3.2 Domestic Violence Unit: Responsible for the investigation of incidents of domestic abuse.

Sec. 10.3.3 Human Trafficking Unit: Responsible for investigation of incidents of human trafficking.

Sec. 10.3.4 Sexual Assault Unit: Responsible for the investigation of incidents of sexual assault.

Sec. 10.4 Forensic Division: Responsible for obtaining, preserving and analyzing physical evidence for eventual court presentation and for assisting in the development of techniques and procedures for effective crime scene search and criminal identification and apprehension. The Forensic Group consists of the Firearms Analysis Unit, the Crime Lab Unit, the Latent Print Unit, and the Crime Scene Response Unit.

Bureau of Professional Development

Sec. 11 Bureau of Professional Development, Office of the Chief: Responsible for providing extensive training to all Department personnel, including student officers, in-service, and specialized training. The Bureau includes the Academy Division, the Student Officers Group and the Firearms Training Unit.

Sec. 11.1 Academy Division: Responsible for recruit training, in-service training, promotional training, specialized training and executive level management training.

Sec. 11.1.1 Student Officers Group: Comprised of student officers of the Academy Division.

Sec. 11.1.2. Firearms Training Unit: Responsible for recruit and in-service training in firearms.

Bureau of Administration and Technology

Sec. 12 Bureau of Administration and Technology, Office of the Chief: Assists with the management, personnel, fiscal, maintenance, communication, and procurement functions required for the Department to accomplish its mission.

Sec. 12.0.1 Administrative Collections Unit: Responsible for overseeing the collection and processing of any administrative fees associated with false alarms, mooring fees and lost/stolen Department property.

Sec. 12.0.2 Mail Services Unit: Responsible for collection, sorting, distribution, and delivery of Department mail.

Sec. 12.1 Evidence and Supply Management Division: Responsible for supply and material support of Department functions and evidence management. The Division includes the Central Supply Unit, the Evidence Control Unit, the Records Center and Archives Section and the Found/Abandoned Property Unit.

Sec. 12.2 Fleet Management Division: Responsible for the acquisition, repair, maintenance and inventory of police vehicles and for evaluating all Departmental motor vehicle accidents and reports.

Sec. 12.3 Licensing and Public Services Division: Responsible for overseeing and setting policy for the following Units in areas that govern the operation of hackney carriages and sightseeing vehicles, the issuing of licenses approved by the Police Commissioner, the maintenance and retrieval of incident and arrest records, and the monitoring of pawn shops. The Division includes the Hackney Carriage Unit, the Licensing Unit, the Pawn Section, the Public Services Unit, the Field Reports Section, and the Insurance Reports Section.

Sec. 12.4 Facilities Management Division: Responsible for the preparation of the capital budget and the execution of the Capital Plan and for all maintenance and alterations of buildings. The Division includes the Capital Projects and Planning Unit, the Facilities Maintenance Unit, the Electrical Maintenance Section, and the Building Services Section.

Sec. 12.5 Human Resources Division: The Human Resources Division is responsible for developing and implementing human resource policies, procedures and training programs for Department personnel. The Division includes the Employment Services Unit, the Records Management Unit, the Attendance Management Unit, the Occupational Health Unit, and the Extended Leave Group. The Extended Leave Group includes the Medically Incapacitated Section, the Extended Leave Section, the Suspended Section, the Administrative Leave Section, and the Leave of Absence Section.

Sec. 12.6 Technology Services Division: This Division manages the Department’s technology systems and radio communications infrastructure.

Sec. 12.6.1 Information Systems Group: Responsible for identifying, managing and supporting the technology needs of the Department. The Group includes the Application Development and Support Unit, the Desktop and Peripheral Support Unit, the Legacy Systems Unit, and the Network Management Unit.

Sec. 12.6.2 Communications Group: Responsible for identifying, managing and supporting the communications needs of the Department. This Group includes the Systems Management Unit, the Voice and Video Unit, the In-Vehicle Install and Maintenance Unit, and the Engineering and Frequency Unit.

Sec. 12.6.3 Video Evidence Unit: Responsible for the management and maintenance of the BPD camera/video system. The VEU processes all requests for BPD camera system video that involve BPD Districts, Units and BPD Facilities. The VEU is also responsible for the Body Worn Camera management. maintenance, storage and retrieval of all Body Worn Camera Video and related equipment.

Sec. 12.7 Finance Division: The primary responsibility of the Finance Division is to ensure that the Department operates in compliance with the legally mandated budget adopted by the City Council. The Units within the Finance Division include: Budget & Financial Reporting, Grants, Contracts, Payroll, Central Cashier, Paid Details Payment, and the Data Entry Section.

Sec. 12.8 Operations Division: Responsible for the receipt of calls for assistance and for directing the deployment of response units as called for by the community policing response plan. The Division is also responsible for headquarters security. The Division includes the 9-1-1 Call/Dispatch Center, the Building Security Unit, the Stolen Car Unit, the Warrant Section, and the Missing Persons Section.

Bureau of the Intelligence and Analysis

Sec. 13 Bureau of Intelligence and Analysis, Office of the Chief: Management responsibility for implementing data and information fusion and facilitating the sharing of homeland security-related and crime-related information and intelligence. BIA manages the overarching process of coordinating the flow of information across all bureaus of the department and across all levels and sectors of government and private industry. Bureau efforts support risk-based, information-driven decision making and addresses immediate and/or threat-related circumstances and events by producing real-time, actionable intelligence products.

The Bureau mission is to improve the ability to prevent criminal activity and safeguard our homeland. The Boston Police Department, through BIA, is the managing authority of the Boston Regional Intelligence Center – a Department of Homeland Security designated urban area fusion center.

Sec. 13.1 Division: Boston Regional Intelligence Center (BRIC): Responsible for coordinating a regional intelligence capability in Boston and the surrounding Metropolitan area. The BRIC collaborates with local, state and federal law enforcement, public safety and private sector resources from the nine city UASI region for the purpose of preventing and responding to all threats, hazards and crimes. The BRIC Division includes the Intelligence Group, Field Operations Group, Technical Services Group, and the Critical Infrastructure and Support Services Group.

Sec. 13.1.1 Intelligence Group: Analytical component of the Bureau responsible for planning and direction, data collection and processing, analysis and production, and dissemination. The analytical process of the Intelligence Group drives the collection responsibilities of the Field Operations Group. Further responsibilities include developing and managing analytical search tools, Intelligence databases, GIS tools and the Real Time Crime Center.

Sec. 13.1.2 Field Operations Group: Responsible for field collections, monitoring and review of criminal activity and counter-terrorism. Develops leads into potential criminal enforcement and provides that information to relevant units or outside agencies including the FBI Joint Terrorism Task Force for enforcement action. Through involvement with other local, state, federal and private sector partners, detectives facilitate the sharing of criminal intelligence to all necessary entities including the US Department of Homeland Security and the National

Suspicious Activity Reporting Initiative. Field Operations Group provides resources to internal and external emergency preparedness requirements and also manages the Bureau’s human intelligence efforts.

Sec. 13.1.3 Technical Services Group: The Technical Services Group is the Boston Police Department’s designated technical surveillance support entity. Responsibilities include training, deploying, maintaining, and reporting on all use of sophisticated electronic investigative equipment. Personnel will maintain and educate BPD users in the core competencies and technical skill sets to assure mission readiness and expertise in the following areas: legal use, deployment, installation and analysis of departmental GPS equipment, covert listening devices, surveillance platform and associated equipment, covert camera and pole camera equipment, and communication analysis and exploitation hardware and software. Group does not manage issues related to the collection and/or disclosure of evidence.

Sec. 13.1.4 Critical Infrastructure and Support Services Group: Responsible for managing an information and data protection program that enhances critical infrastructure information sharing between the police department and the private sector. This Group is required to collect, analyze and secure critical infrastructure data and protected systems, identify vulnerabilities and develop risk assessments, and enhance recovery preparedness measures. Support services include managing the security requirements involving classified rooms and the handling and storing of classified materials as well as Bureau and departmental requirements specific to intelligence-based training and education.

Bureau of Community Engagement

Sec. 14 Bureau of Community Engagement: The Bureau was created to enhance and focus the community policing mission; to guide the Department in engagement, building trust and partnerships in neighborhoods throughout the city. The Bureau of Community Engagement will offer direction and assistance to every District supporting their efforts on building relationships and trust within their communities; strengthening partnerships and creating new ones, creating new initiatives and programs. All while promoting inclusion and diversity within the department and working with marginalized and disenfranchised populations.

The Bureau is comprised of the following Units.

Sec. 14.1 Citywide Community Initiatives Unit: Is available to guide and support the District Community Service Offices with the creation and maintenance of programs, initiatives and events to build relationships and trust in their communities. The Unit also directs their own citywide engagement programs.

Sec. 14.2 School Engagement Unit: Coordinates and works in partnership with the Boston Public School Department. The unit’s goal is to ensure that full communication and collaboration exists between the Boston Public Schools Safety Services Department and the Boston Police Department to promote trust between the two communities, as well as ensure a safe and secure learning environment for students and staff.

Sec. 14.3 Community Collaboration and Engagement Unit: (formerly Neighborhood Crime Watch Unit) Is responsible for working in partnership with the 11 Boston Police District Community Service Offices. Providing access to programs, initiatives and City Services that supports the district in engagement and addressing the quality of life issues in their respective reporting areas. The Unit also spearheads and coordinates with the districts on national endeavors such as National Night Out and Faith In Blue as well as providing procedural assistance on events such as; Coffee with a Cop and Flashlight Walks.

Sec.14.4 Crime Stoppers Unit: Responsible for managing the anonymous Crime Tip hotline and Text-a-Tip line as well working on proactive outreach explaining the benefits and assuring the anonymity of the program to community.

Rule 102 - The Conduct and General Rights and Responsibilities of Department Personnel

April 15, 2021

This rule is re-issued as to the guidelines for the conduct of, as well as the personal rights and responsibilities, of employees of the Boston Police Department. Its provisions are effective immediately, superseding all previously issued rules, orders, memoranda, and directives regarding the personal conduct of employees of the Department.

Sec. 1 DEFINITIONS: For the purpose of this rule, the following definitions will apply. Employee shall mean all members of the Boston Police Department, both officers and civilian personnel. Force refers to the sworn membership of the Department who are vested with full police powers. Officer means a sworn Department member clothed with full police powers.

Sec. 2 GENERAL CONSIDERATIONS: Police officers are more visible to the community than most other persons in government or public service. Public scrutiny, and sometimes public criticism, is directed not only at police performance but also at the behavior of those who deliver police services. The establishment of proper standards for police behavior must take into account not only the expectations of the citizen but also the importance of respecting the individual rights of police employees. The Boston Police Department recognizes that its employees have certain basic personal rights and restricts those rights only where necessary to ensure the integrity of the Department and the highest quality of police service are maintained.

Sec. 3 CONDUCT: Employees shall conduct themselves at all times, both on and off duty in such a manner as to reflect most favorably on the Department. Conduct unbecoming an employee shall include that which tends to indicate that the employee is unable or unfit to continue as a member of the Department, or tends to impair the operation of the Department or its employees.

Sec. 4 NEGLECT OF DUTY: This includes any conduct or omission which is not in accordance with established and ordinary duties or procedures as to such employees or which constitutes use of unreasonable judgment in the exercising of any discretion granted to an employee.

Sec. 5 MAINTAINING DEPARTMENT RULES AND PROCEDURES: Employees of the Department shall sign a receipt for a copy of this and all other subsequent Rules and Procedures of the Department as they are promulgated. Employees shall maintain their copies of the Rules and Procedures of the Department in the binder provided and shall be prepared to produce their binder for the examination or inspection by the members of the Staff Inspection Division or any superior officer or supervisor upon reasonable notification. In addition, employees shall be responsible for knowledge of, and full compliance with, all Rules and Procedures of the Department that apply to their duties. District and unit commanders shall return the signed acknowledgments of the receipt of Department Rules and Procedures to the Office of Staff Inspections after all personnel under their command have signed the receipt list.

Sec. 6 ACCOUNTABILITY: Superior officers and supervisors shall be held accountable for the actions of all subordinates subject to their authority and under their command.

Sec. 7 RESIDENCE AND TELEPHONE: Except as otherwise provided by law, all officers of the Department shall live in the City of Boston. All employees of the Department shall report their places of residence and their telephone number to the Commanding Officer or supervisor of the Bureau, Division, District, Unit or Office to which they are assigned. They shall also report to that person any change of residence or telephone number within twenty-four (24) hours after such change. The procedures which follow are instituted to standardize the process for all Department employees reporting a change of their name, address, telephone number or tax withholdings and to ensure compliance with Internal Revenue Service record keeping regulations.

A. Reporting Changes in Names, Addresses, Telephone Numbers and Tax Withholdings: Any employee who reports a change of their name, address or telephone number shall do so only on BPD Form #2785. Changes in tax withholdings shall be made by filling out the federal W-4 and/or the state M-4 form. All changes of name, address and/or tax withholdings shall be processed as outlined below, using the appropriate required form, depending upon whether the employee is submitting a change of name, address, telephone number and/or tax withholding:

- If an employee needs to report a change of name, that employee must submit a completed BPD Form 2785 and an original Department of the Treasury Internal Revenue Service Form W-4 to their Commander/Director;
- If an employee needs to report a change of address, that employee must submit a completed BPD Form 2785 and an original Department of the Treasury Internal Revenue Service Form W-4 to their Commander/Director;
- If an employee needs only to report a change of telephone number, that employee must simply submit a completed BPD Form 2785 to their Commander/Director;
- If an employee needs only to make a change of federal tax withholding, that employee must submit an original Department of the Treasury Internal Revenue Service Form W-4 to their Commander/Director; and
- If an employee needs only to make a change of state tax withholding, that employee must submit an original Massachusetts Employee’s Withholding Exemption Certificate Form M-4 to their Commander/Director. NOTE: The state Form M-4 is only required for making changes in state tax withholding and is not required for a name or address change.

B. Responsibilities of Commanders/Directors: Commanders/Directors shall review all forms for completeness prior to signing them and shall ensure that all original forms are immediately forwarded to the Employee Records and Central Attendance Management Unit, Human Resources Division.

C. Responsibilities of the Employee Records and Central Attendance Management Unit: Upon receipt of the required forms (BPD Form 2785, W-4 and/or M-4), the Employee Records and Central Attendance Management Unit shall process the forms as follows:

- The original BPD Form 2785 shall be “time/date stamped” and placed in the employee’s Personnel Record, along with a copy (if applicable) of the W-4 tax form and/or M-4 tax form;
- The original W-4 tax form (and/or M-4 tax form) shall be mailed to the Payroll Department at City Hall, along with a copy of the BPD Form 2785 (if applicable);
- A copy of the BPD Form 2785 shall be forwarded to the Director, Human Resources Division; and
- A copy of the BPD Form 2785 shall be forwarded to the Data Processing Unit.

Sec. 8 DIRECTIVES AND ORDERS: Employees shall obey and comply with all rules, orders and other directives of the Department whether transmitted verbally or in writing. Employees shall obey all orders of a superior officer or supervisor.

Improper Orders:
An employee, given an order which he believes to be improper or not in accordance with Department rules, must obey the order. He may then appeal the matter to his commanding officer, and if the matter is not resolved at that level, it may be appealed through the chain of command to the Police Commissioner.

Conflicting Orders:
An employee given an order which conflicts with Department rules and/or policies or with a previous order from a higher authority, shall promptly and respectfully call the conflict to the attention of the superior officer or supervisor giving the order. If the superior officer or supervisor does not withdraw or change his order to avoid the conflict, the order shall be binding upon the employee unless or until it is specifically countermanded by an officer or supervisor of higher rank.

Sec. 9 RESPECTFUL TREATMENT: Employees shall, on all occasions, be civil and respectful, courteous and considerate toward their supervisors, their subordinates and all other members of the Department and the general public. No employee shall use epithets or terms that tend to denigrate any person(s) due to their race, color, creed, gender identity or sexual orientation except when necessary in police reports or in testimony.

Sec. 10 REPORTING FOR DUTY: A. Employees shall report for duty at the time and place specified by their superior officer or supervisor and shall be physically and mentally fit to perform their duty. They shall be properly equipped and cognizant of the information required for the proper performance of duty so that they may immediately assume their duties. They shall acquaint themselves with all matters occurring since their last tour of duty which affect their responsibilities and be accountable for compliance with all new orders, rules, bulletins and circulars.

B. No officer shall work or be permitted to work more than the equivalent of two (2) tours of duty or more than eighteen (18) hours in any given twenty-four (24) hour period. This shall include all hours worked (including, but not limited to regularly scheduled tour of duty, overtime, court time, paid details, working in (W/I), union business, outside employment). However, if an Officer is ordered to work an assignment that will put the officer beyond the Eighteen (18) hours due to the operational needs of the Department, the following shall apply:

1. The Officer is required to immediately notify the supervisor ordering him to work that the ordered overtime will cause the officer to exceed eighteen (18) hours in a twenty-four (24) hour period. Additionally, the Officer shall notify the supervisor of any court summons for which the officer is required to appear the next morning. Officers already approaching the 18 hour limitation and already summonsed to court the following morning shall not be considered for overtime, unless the to-be-ordered list is exhausted.
2. The Officer shall submit a Form 0069-BAT-0615 to the ordering supervisor documenting the hours worked and hours scheduled to be worked (i.e., copy of overtime and/or detail slip).
3. The ordering supervisor must complete a Form 0069-BAT-0615 documenting (in detail) the reason why that officer was required to work the ordered overtime causing them to work beyond 18 hours.

If the supervisor determines that the Officer is still required to work (after considering the hours already worked and the hours to be worked in the future including court summonses, and in order to ensure that the Officer is properly rested after working beyond the eighteen (18) hours in any given twenty-four (24) hour period), the following applies:

1. Following that ordered overtime, there must be eight (8) hours of relief or scheduled time off prior to reporting for any work. Officers receiving relief time should use the appropriate code designating their relief time. During this relief time, the officers may not work any assignment, including, but not limited to regularly scheduled tour of duty, overtime, paid details, working in (W/I), union business, outside employment). Under no circumstance will an officer get more than eight hours of relief.
2. The ordering supervisor shall notify the Commanding Officer, the relieving Supervisor and the Chief Clerk’s office by email of any officers affected by this order to ensure that appropriate staffing levels are maintained. For officers receiving the eight (8) hours of relief time, the paperwork submitted must contain the following items and shall be forwarded to the Commanding Officer, with a copy left for the Clerks to note the relief on the BAT:

a. Form 0069-BAT-0615
b. To-be-ordered list
c. supporting documents (i.e., copy of overtime and/or detail slip).

3. Commanding Officers will forward copies of all reports (i.e. overtime slips, detail slips, W/I slips, to-be ordered list and all other relevant documents) to the Bureau Chief of the officer who will be receiving the relief time.

C. No officer shall work more than ninety (90) hours in one (1) week, from 8:00 AM Saturday until 8:00 AM the following Saturday. These hours shall include all hours worked (i.e. regularly scheduled tour of duty, overtime, court time, paid details, compensatory time, union business, outside employment). Any tour of duty missed due to illness or injury, suspension or administrative leave shall also be included in the calculation of the total of hours worked for the week.

****For purposes of calculating relief time, the 8 hours of relief time starts when the officer is relieved from duty NOT when the actual OT slip ends. (Example: an officer is receiving a guaranteed minimum number of hours, but is relieved after 2 hours – the relief time starts at the end of the two hours not the four hour slip)

****Exceptions to these limitations on maximum hours may be made only by supervising officer in the interest of public safety, specifically: Court Appearances and Mandatory Overtime; or any Public Necessity as determined by the Bureau Chief.

EXPLAINED:
This rule change requires officers to be rested for a period of at least eight hours if they have
been ordered to work more than 18 hours in a twenty (24) hour period. Officers who are ordered, officers who are ordering and district clerks all have responsibilities when an officer is reaching or has reached this threshold:

Ordered Officers:
The Officer is required to immediately notify the supervisor ordering him to work that the ordered overtime will cause the officer to exceed eighteen (18) hours in a twenty-four (24) hour period. Additionally, the Officer shall notify the supervisor of any court summons for which the officer is required to appear the next morning. Officers already approaching the 18 hour limitation and already summonsed to court the following morning shall not be considered for ordered overtime, unless the to-be-ordered-list has been exhausted.
The Officer shall submit a Form 0069-BAT-0615 (See Attached) to the ordering supervisor documenting the hours worked and hours scheduled to be worked.

Ordering Supervisors:
If the supervisor determines that the Officer is still required to work (after considering the hours already worked and the hours to be worked in the future including court summonses, and in order to ensure that the Officer is properly rested after working beyond the eighteen (18) hours in any given twenty four (24) hour period), the following applies:
The ordering supervisor must fill out the second half of the Form 0069-BAT-0615documenting (in detail) the reason why that officer was required to work the ordered overtime causing them to work beyond 18 hours and determine the time in which the officer is required to report for duty following the relief period.
Following that ordered overtime, there must be eight (8) hours of relief or scheduled time off prior to reporting for any work. Officers receiving relief time must use the appropriate code designating their relief time. During this relief time, the officers may not work any assignment, including, but not limited to regularly scheduled tour of duty, overtime, paid details, working in (W/I), union business, outside employment). Under no circumstance will an officer get more than eight hours of relief.
The ordering supervisor shall notify the Commanding Officer, the relieving Supervisor and the Chief Clerk’s office of any officers affected by this order to ensure that appropriate staffing levels are maintained. For officers receiving the eight (8) hours of relief time, the paperwork submitted must contain the following items and shall be forwarded to the Commanding Officer, with a copy left for the Clerks to note the relief on the BAT:

a. Form 0069-BAT-0615
b. To-be-ordered list
c. supporting documents (i.e., copy of overtime and/or detail slip).

Clerks:
Clerks shall code the time off as RT “Relief Time” on the Daily Time and Attendance Sheets. Relief Time is hours an officer is paid but not required to work to ensure eight hours of rest. Relief time may only be granted when an officer has been ordered to work. Time an officer is already off shall be factored into the computation of Relief Time hours to be granted. Additionally, when replacing officers on RT “Relief Time”, clerks shall use the Replacement Overtime Code: 133 “Sworn Relief Replacement Overtime.”

Shift Commanders:
Shift Commanders shall be responsible for all information conveyed about Relief Time and any need to hire additional officers.

Commanding Officers:
Commanding Officers will forward copies of all relevant reports (i.e. overtime slips, detail slips, W/I slips, to-be-ordered-list and all other relevant documents) to the Bureau Chief of the officer who will be receiving the relief time.

Sec. 11 GROOMING: All uniformed personnel when reporting for duty shall be properly groomed. Hair shall be neatly trimmed and not overhanging a shirt collar. Side burns may not extend below the bottom of the ear and shall be straight and neatly trimmed and not be allowed to flare out from the ear. In no case shall the bulk of the hair interfere with the proper wearing of uniform headgear. If a beard or mustache is worn, it shall be well groomed and neatly trimmed at all times in order not to present a ragged appearance. Full and partial beards are authorized, but patchy, spotty clumps of facial hair are not considered beards and as such are not permitted. The bulk of the beard (distance that the mass of facial hair protrudes from the skin of the face) shall not exceed one-half an inch. The length of the individual facial hair shall be limited to three quarters of an inch. No portion of any mustache will extend below the lip line of the upper lip. Police officers, while in uniform, shall not wear earrings or ear-studs; nose-studs; or any type of necklace chain or medallion outside of a uniform shirt, blouse or jacket.

Sec. 12 SLEEPING ON DUTY: Employees shall remain awake and alert while on duty.

Sec. 13 USE OF ALCOHOL AND TOBACCO ON DUTY: Employees shall not drink alcoholic beverages when on duty unless it is necessary to gain evidence and upon the order of a superior officer. Employees shall not appear for duty or be on duty while under the influence of alcoholic beverages to any degree whatever or have an odor of alcohol on their breath. Employees shall not smoke or chew tobacco while in uniform, when in view of the public, or when in contact with the public. (This is not meant to prohibit smoking in a sector car, wagon, or unmarked car.) No employee shall smoke or chew tobacco when in direct contact with the public (while taking a report, conducting an interview, or making an investigation on private property), in uniform or in plainclothes.

Sec. 14 USE OF ALCOHOL OFF DUTY: Officers while off duty shall refrain from consuming alcoholic beverages to the extent that it results in obnoxious or offensive behavior which would tend to discredit them or the Department or render them unfit to report for their next regular tour of duty. Employees shall not consume alcoholic beverages in public places while wearing the uniform of the Department or while wearing any part of the uniform which could indicate that they are employees of the Department.

Sec. 15 ALCOHOLIC BEVERAGES ON POLICE INSTALLATIONS: Employees shall not bring into or store alcoholic beverages in any police facility or vehicle except alcoholic beverages which are to be held as evidence or found property which is held for safekeeping.

Sec. 16 USE OF DRUGS: Employees shall not use any prescription drugs, controlled substances, narcotics or hallucinogens except when prescribed in the treatment of the employee by a registered physician or dentist. When prescription drugs, controlled substances, narcotics or hallucinogens are prescribed for him, an employee shall notify his superior officer or supervisor, in writing, before his next tour of duty of such prescription. Prescription drugs, controlled substances, narcotic or hallucinogenic shall mean any substances so defined in Massachusetts General Laws, Chapter 94C. A superior officer or supervisor shall, when notified by an employee that any prescription drugs, controlled substances, narcotics or hallucinogens have been prescribed and ingested, notify the Department physician of the quantity of the substance which the employee reports has been prescribed and shall be guided by the Department physician’s opinion as to whether or not the employee can fulfill his duties while under the influence of such prescribed substance. In the event that the Department physician cannot be reached, the superior officer or supervisor shall exercise his own best judgment as to whether or not the employee, reporting the use of such substance, should perform his Departmental duties. Whether or not the employee does continue to perform his Department duties shall not affect the responsibility of the superior officer or supervisor to notify the Department physician of the use of such substance as soon as possible.

Sec. 17 POLICE SERVICE: Employees, while on duty, shall promptly respond to all persons requesting service, insofar as it is within their duties and is consistent with Department rules and policies.

Sec. 18 PERSONAL BUSINESS: Employees of the Department shall not engage in personal business while on duty and shall avoid all activities not relating directly to their Departmental responsibilities.

Sec. 19 STATEMENT OF OPINION: Employees shall not publicly criticize or ridicule the Department, its policies, or other employees by speech, writing, or expression in any other manner when such speech, writing or other expression is defamatory, unlawful, interferes with the maintenance of discipline, or is made with reckless disregard of its truth or falsity.

Sec. 20 SELF IDENTIFICATION: General Law, Chapter 41, Section 98D, requires every officer to carry his identification card with photograph and exhibit this card upon a lawful request for purposes of identification. Any officer, acting in his official capacity, shall give his name, rank and badge number, in a civil manner to any person who may inquire unless he is engaged in an undercover police operation and his physical safety or the police operation would be jeopardized by his making such identification. Civilian employees, while engaged in their Departmental duties, shall identify themselves in a civil manner to any person who may inquire as to their identity and status within the Department.

Sec. 21 CHARITABLE SOLICITATIONS: Employees, while on duty or in uniform, shall not solicit from the general public money, gifts, or other things of value for charitable or testimonial purposes nor otherwise use their identity as police officers for such purposes.

Sec. 22 GIFTS AND GRATUITIES: Employees of this Department shall not solicit, seek or accept any gift or gratuity, including food, drink, admissions to public transportation or public amusements, for themselves or others, from an individual, merchant, or business establishment, when it can be construed to involve their position as an employee of the Boston Police Department. Employees of the Department or their agents or persons/corporations/associations, etc., at their request/direction shall not seek, solicit or accept contributions in any form whether moneys, goods or sponsorships from any individual, firm or corporation licensed in whole or in part by the Commonwealth of Massachusetts, the City of Boston, or any political subdivisions thereof. Employees shall immediately report to their commanding officer, in writing, any offer or attempt to offer any gift or gratuity when it can be construed to involve their position as an employee of the Boston Police Department.

Sec. 23 DEPARTMENTAL REPORTS – TRUTHFULNESS: Employees shall submit all necessary reports on time and in accordance with established Departmental procedures. Reports submitted by employees shall be truthful and complete. No employee shall knowingly enter, or cause to be entered, any inaccurate, false or improper information.

Sec. 24 CONFLICT OF INTEREST: Employees shall comply with the provisions of General Law, Chapter 268A and St. 1909, Chapter 486, Section 8, the conflict of interest statutes.

Sec. 25 REPORTING LAW VIOLATIONS: All officers shall report in writing to their Commanding Officer all information that comes to their attention concerning organized crime, vice, gaming, liquor or narcotic violations, all felony violations of the criminal statutes of the Commonwealth, and violations of the conditions of any license which have been issued to persons or premises.

Sec. 26 REWARDS: Employees may be permitted by the Commissioner, at his discretion, to receive rewards with a monetary value tendered for services rendered in the discharge of their duties which are especially meritorious or otherwise in the public interest. In each and every case, application must be made in writing to the Commissioner for permission to give or receive any reward.

Sec. 27 ABUSE OF PROCESS – WITHHOLDING EVIDENCE: Officers shall not intentionally manufacture, tamper with, falsify, destroy, or withhold evidence or information nor make any false accusations of a criminal charge or seek to influence the outcome of any investigations.

Sec. 28 RECOMMENDATIONS OF SERVICE: Employees shall not recommend or suggest in any manner except in the transaction of personal business, the employment or procurement of a particular product, professional service, or a commercial service, including, but not limited to, the services of an attorney, bondsman, bail commissioner or funeral director, an ambulance service or a towing service. In the case of an ambulance or towing service, when such service is necessary and the person needing the service is unable or unwilling to procure it, the officer shall proceed in accordance with established Department procedure.

Sec. 29 ENDORSEMENT OF COMMERCIAL PRODUCTS: The Department does not endorse commercial products or allow its facilities to be used for such endorsements. Departmental personnel shall not make any endorsements of commercial products in their capacity as members of the Department.

Sec. 30 POLITICAL ACTIVITY: Employees shall be permitted to: Register and vote in any election. Express opinions as private individuals on political issues and candidates, subject to the provisions of Section 19 of this Rule. Attend political conventions, rallies and similar political gatherings as private individuals. Sign political petitions as private individuals. Become candidates for election to an office of any town or city, other than the City of Boston, in any county other than Suffolk County, or other local or regional office which are not prohibited by Section 31 of this Rule. Hold membership in a political party and participate in its functions to the extent consistent with law and with these rules. Participate fully in public affairs to the extent that such endeavors do not impair the natural and efficient performance of official duties, or create real or apparent conflicts of interest.

Sec. 31 EMPLOYEES NOT ON LEAVE OF ABSENCE PURSUANT TO SECTION 32 OF THIS RULE ARE PROHIBITED FROM:

Sec. 32 EMPLOYEES SEEKING POLITICAL OFFICE: Every employee of the Police Department upon becoming a candidate for election to any office specified in Section 31 shall take a leave of absence, without pay, effective with the day he requests nomination papers or subscribes his statement of candidacy and continuing until whichever of the following first occurs; his failure of nomination or election at the primary or final election or his failure to become, or withdrawal as a candidate, or if elected, the termination of his term of office.

Sec. 33, EMPLOYMENT OUTSIDE OF THE DEPARTMENT: Employees may engage in off- duty employment subject to the following limitations (this section does not apply to Department- assigned paid details):

A. The Police Commissioner's written approval must be granted prior to engaging in off-duty employment. To receive such approval, employees shall fill out BPD Form 2196 (revised 1996), "Request for Permission to Hold Off-Duty Employment" and give it to their Commanding Officer/Director. Commanding Officers/Directors shall forward such forms with their recommendation for approval or disapproval to the appropriate Bureau Chief.

B. Upon reviewing the recommendation of the employee's Commanding Officer/Director, the Bureau Chief shall forward the request with their recommendation for approval or disapproval to the Police Commissioner for consideration.

C. Upon reviewing the employee's request and the recommendations of the Commanding Officer/Director and the Bureau Chief, the Police Commissioner shall approve or disapprove the request. All requests will be forwarded to the Director/ Human Resources Division, Bureau of Administration and Technology, where they will be kept on file. The Director, Human Resources Division is responsible for ensuring that employees are sent a copy of their request, approved or disapproved, once the Police Commissioner has acted upon it. No employee may engage in off-duty employment prior to receiving a copy of his or her request, which has been approved by the Police Commissioner.

D. A new BPD form 2196 must be filled out every time an employee who has received permission for off-duty employment changes jobs, off-duty employers or number of hours worked.

E. All employees who have permission to hold off-duty employment shall fill out a new BPD form 2196 every year during the month of October. Upon receiving a copy of such form, approved by the Police Commissioner, from the Director, Human Resources Division, the employee's permission to hold off-duty employment is renewed until December 31st of the following year, unless revoked earlier by the Police Commissioner. Permission to hold off-duty employment is automatically revoked on December 31st of any year in which an employee fails to file the above form and maintain proof of having done so.

F. Responsibility to the Boston Police Department is paramount for its employees. Each employee shall consider the Boston Police Department its primary employer. In no case shall an employee permit responsibilities to a secondary employer to interfere with the employee’s responsibilities to the Department, including, but not limited to, the requirement to be available to work mandatory overtime.

1. Off-duty employment shall constitute no more than thirty-two (32) hours' work per week. This limitation does not apply during any week that the employee does not report for duty because the employee is serving an unpaid suspension. Additionally, employees on administrative duty shall not work more than 90 hours per week, between their employment with the Boston Police Department and a secondary employer, during the period of their administrative leave / duty.

G. Sworn employees shall not engage in any employment or business, or acquire or retain a financial interest in, any employment or business that is licensed by the Licensing Board of the City of Boston. Such business include, but are not limited to, those that engage in the sale or distribution of alcoholic beverages within the City of Boston, nightclubs, private clubs, hotels, and inns.

1. Civilian employees shall be permitted to engage in such employment as described in paragraph G, except where the Department determines that a conflict exists.

H. Sworn employees shall not be employed as a guard or security officer.

I. Employees shall not engage in any employment or business which would constitute a violation of M.G.L. c. 268A, "Conduct of Public Officials and Employees", or St. 1909, Chapter 486, Section 8.

J. Employees shall not hold any elective office specified in Section 31 of this Rule.

K. Employees shall not engage in, acquire or retain a financial interest in any business or employment involving investigatory work outside the Department. Investigatory work includes, but is not limited to, private detectives, insurance company investigations, collection or credit agencies or as the investigator for any attorney or bail bond agency.

L. It is of utmost importance that each employee avoid private financial or business relationships with convicted felons or with persons who openly associate with felons. Each employee must remain vigilant to ensure that they do not work for an employer or acquire a financial interest in any business with a person who has been convicted of a felony or who openly associates with convicted felons. It is the Department's policy to provide notice to the officer when violations of this subsection come to its attention. Once notified, the officer shall forthwith discontinue any relationship in violation of this subsection. No notice will be provided to an officer that may compromise an investigation. The Department shall bear the burden of proving violations of this section.

M. Employees who are lawyers and who receive permission to practice law may not represent clients in criminal cases, consult or offer advice to other attorneys on criminal cases.

N. Employees who have received permission to hold off-duty employment may have such permission revoked at the discretion of the Police Commissioner. The employee may request in writing an explanation for the revocation. (Section Amended by Special Order 03-02, issued January 28, 2003)

Sec. 34 MUTUAL PROTECTION: In an emergency, an officer shall promptly come to the aid of any officer who, when carrying out his official duties, is in need of assistance.

Sec. 35 CONFORMANCE TO LAWS: Employees shall obey all laws of the United States, of the Commonwealth of Massachusetts, all City of Boston ordinances and by- laws and any rule or regulation having the force of law of any board, officer, or commission having the power to make rules and regulations. An employee of the Department who commits any criminal act shall be subject to disciplinary action up to and including discharge from the Department. Each case shall be considered on its own merits, and the circumstances of each shall be fully reviewed before the final action is taken.

Sec. 36 CRIMINAL COMPLAINTS, PROTECTIVE CUSTODY, AND ARRESTS: An employee of the Department, upon learning that an application for a criminal complaint has been made against them, or that a complaint has been issued against them, or has been arrested, or has been taken into protective custody, shall notify their commanding officer verbally and in writing within 24 hours, or as soon as possible. Failure to provide proper notification may result in a separate disciplinary action for failure to notify, in addition to any discipline that may be considered for the underlying incident. Such notification shall be a summary of the complaint sought or issued and the projected date of the hearing or trial; or in the case of an incident of protective custody or arrest the circumstances and details related to the protective custody or arrest. The commanding officer receiving such notification shall transmit a copy of the employee's report to the Office of the Police Commissioner and the Superintendent of the Bureau of Professional Standards.

The Supervisor of Cases at each court, upon receipt of information that a complaint or indictment has been sought or issued against a Department employee, shall submit a separate report to the Office of the Police Commissioner and the Superintendent of the Bureau of Professional Standards, furnishing the subject matter of the complaint or indictment and the date of the hearing or trial.

Sec. 37 SITUATIONS INVOLVING FAMILY OR FRIENDS: An officer confronted with a situation requiring police intervention, in which a member of his family or a friend is involved, shall not intervene unless an emergency exists, and then only to meet the emergency. The officer concerned shall notify the Operations Section, or if outside the City of Boston, the appropriate police agency, so that a more objective police unit may handle the matter.

Sec. 38 SITUATIONS INVOLVING OFF-DUTY BOSTON POLICE OFFICERS AND CIVILIANS OCCURRING WITHIN THE CITY OF BOSTON: When an officer is confronted with a situation in which the conduct of an off-duty Boston Police Officer or civilian employee is in question, that officer shall follow appropriate and normal police procedures and, as soon as possible, shall notify the Operations Section and request that a Superior Officer respond to the incident. The responding Superior Officer shall notify the Operations Division to notify the Superintendent of the Bureau of Professional Standards if the off-duty officer or civilian employee is arrested, detained, if they have information to indicate that a criminal complaint will be filed, or if the Superior Officer determines that the conduct in question should be referred to the Bureau of Professional Standards. In addition, the Superior Officer shall notify the Commander of the area, division or unit to which the off-duty officer or civilian employee is assigned.

Sec. 38A SITUATIONS INVOLVING OFF-DUTY BOSTON POLICE OFFICERS AND CIVILIANS OCCURRING OUTSIDE THE CITY OF BOSTON: When an on-duty officer or civilian employee is made aware of a situation in which the conduct of an off-duty Boston Police Officer or civilian employee is in question, that officer or civilian employee shall notify their immediate supervisor. The supervisor shall notify the Operations Division to notify the Superintendent of the Bureau of Professional Standards if the off-duty officer or civilian employee is arrested, detained, if they have information to indicate that a complaint will be filed, or if the Superior Officer believes that the conduct in question should be referred to the Bureau of Professional Standards. In addition, the Superior Officer shall notify the Commander of the area, division or unit to which the off-duty officer or civilian employee is assigned.

Sec. 39 ASSOCIATION WITH CRIMINALS: Department employees shall not associate with persons whom they know, or should know, are persons under criminal investigation, or who have a reputation in the community or in the Department for recent or present involvement in felonious or criminal activities. This rule shall not apply where said associations are necessary in the performance of official duties, or where said associations are unavoidable due to familial relationships of employees.

Sec. 40 RESIDENCY:
A. All members of the AFSCME, SEIU and SENA bargaining units hired by the city after July 1, 1980 shall be subject to the City of Boston Residency Ordinance. All other civilian employees shall be subject to the Residency Ordinance regardless of their date of hire, except as referenced in the Ordinance itself.
B. All members of the Department who become sworn permanent officers after July 1, 1994 shall be subject to the City of Boston Residency Ordinance.

Rule 103 - Police Officer

August 20, 1984

This rule is issued to establish the responsibilities and duties of the rank of Patrol Officer. It is effective immediately, superseding all previously issued rules, orders and other directives, and replacing Rule No. 24 of the 1950 Manual, Patrolmen.

For the purpose of clarity and brevity, the pronouns “He” and “His” are used editorially throughout this rule and it should be understood that where used they are to be interpreted as applying to both male and female officers.

Sec. 1 GENERAL CONSIDERATIONS: A patrol officer, in carrying out the functions of the department, including but not limited to, the preservation of the public peace, the protection of life and property, the prevention of crime, the arrest and prosecution of violators of the law, the proper enforcement of all laws and ordinances and the effective delivery of police services shall constantly direct his best efforts to accomplish that end intelligently and efficiently and shall hold himself in readiness at all times to answer calls and obey the orders of his superiors.
He shall be held to a strict accountability for the good order of the sector, beat or post to which he has been assigned to duty.

Sec. 2 A Patrol Officer shall not carry any unauthorized equipment on his person, while on duty, nor place any unauthorized equipment into a department vehicle or place it on a department animal.

A PATROL OFFICER:
Sec. 3 Shall report for duty at the time and place specified by his Superior Officer or Supervisor and shall be physically and mentally fit to perform his duty. He shall be properly uniformed and equipped and cognizant of the information required for proper performance of his duty so that he may immediately assume his assignment.

Sec. 4 Shall acquaint himself with all matters occurring since his last tour of duty which affect his responsibilities and shall be held accountable for compliance with all orders, rules, bulletins and circulars.

Sec. 5 Is encouraged to keep a private record of his work, noting all matters of importance in which he is engaged in his official capacity.

Sec. 6 A Patrol Officer shall proceed to his assignment after roll call and notify the Operations Division accordingly.

Sec. 7 Equipped with radio communications shall keep the receiver in operation at all times.
When his unit is called by the Operations Division he shall immediately respond and acknowledge receipt of any communications dispatched to him even if on a previous assignment. If sent on an assignment, the officer will notify the Operations Division of his arrival at the scene and make a further notification when he has completed that assignment, furnishing the appropriate disposition which will indicate his availability for further duty. If
required, the officer will obtain a Central Complaint number from the Operations Division and prepare and submit the properly completed Incident Report. Before being relieved of duty, a patrol officer will notify the Operations Division of that fact and all communications between a patrol officer and the Operations Division shall be in accordance with current communications procedures.

Sec. 8 Shall confine his patrol within the limits of his assigned sector or area except in case of emergency when he shall immediately notify the Operations Division by radio. A patrol officer will not otherwise leave his assigned area until properly relieved unless he is dispatched elsewhere by the Operations Division or a Superior Officer.

Sec. 9 Who is obliged, for police purpose, to leave his assigned area by going elsewhere or by entering a building or other premises in his area shall immediately report to the Operations Division the location and circumstances of the incident. A patrol officer who considers it necessary to leave his assigned area for any purpose other than police work shall first seek the permission of the Operations Division giving his reason and location. When permission is given, he shall report at once on his return and should he fail to report within a reasonable time the Operations Division shall notify the patrol supervisor so that he may ascertain the whereabouts of the absent officer. A patrol officer absent from his assigned area for a proper purpose, in
accordance with the provisions of this rule, shall not be subject to disciplinary action.

Sec. 10 Must constantly patrol his assigned area except for halts necessary to the proper performance of duty; he must not sit down, lean against walls, posts or trees or conduct himself in any manner other than as a responsible official exposed to public observation and criticism with important work to do.

Sec. 11 Shall furnish such information and render such aid to all persons as may be consistent with his duty.

Sec. 12 Shall direct strangers and others, when requested, by the nearest and safest way to their places of destination. If said destination is within the boundaries of his assigned area he may accompany such persons to their places of destination; if not within the boundaries, and conditions warrant such action, he shall communicate with the Operations Division and be guided by the instructions received.

Sec. 13 Hearing a call for assistance shall immediately notify the Operations Division and then proceed to render aid with all dispatch. When a disturbance or other type of problem occurs, he shall instantly proceed to the location and use his best efforts to restore order, taking the police action that is deemed necessary and proper. The officer will be responsible for notifying the Operations Division of the action taken.

Sec. 14 Assigned to patrol duty shall aid and assist officers performing traffic duty in any emergency or when directed by the Operations Division or a Superior Officer. When any public way becomes blocked by vehicles an officer shall use his best efforts to restore the normal flow of traffic, paying particular attention to pedestrians.

Sec. 15 May examine any person whom he shall see abroad whom he shall have reason to suspect of any unlawful design and may demand of him his business abroad at such a time and where he is going. This authority must be exercised reasonably and in accordance with the law.

Sec. 16 Shall acquaint himself with all public vehicles and drivers thereof permitted to stand on his assigned area. He shall note and investigate, especially during the nighttime, all vehicles the drivers or occupants of which in any manner may cause suspicion and note the registration number and description of each and report the facts to his Patrol Supervisor. He shall pay particular attention to motor vehicles of all kinds, observing their numbers and watching for those that have been reported stolen or used in a crime or that are not properly registered or legally equipped.

Sec. 17 Insofar as he can, without intruding on the privacy of individuals, shall note all removals from or into the limits of his assigned area and acquire such a knowledge of the inhabitants as shall enable him to recognize them. He shall make himself acquainted with all parts of his assigned area and with the streets, thoroughfares, courts and houses within it.

Sec. 18 Shall note the conduct of all suspicious persons and all persons of known bad character and make such observations as will enable recognition of them at any time. He shall particularly note their movements, habits and associations and the premises they frequent. He shall ascertain their names, addresses and occupations, if any, and submit a Field Interrogation and/or Observation Report with all the information he has obtained to his relieving Supervisor.

Sec. 19 Shall take notice of all places and persons on his assigned area engaging in any business or activity which requires a license and shall report in writing to his Commanding Officer all unlicensed places or persons requiring a license and all cases where the provisions of a license are not complied with. He will be prepared to give information to his superior officers concerning the nature of all businesses being conducted in his assigned area.

Sec. 20 Shall inform himself as to the places on his assigned area in which violations of the law are believed to exist and shall take the necessary police action and if uncertain as to how to proceed he shall report to his Patrol Supervisor. He shall keep a record of all suspected gaming houses, houses of ill fame, disorderly houses, places suspected of trafficking in illicit liquor or of being resorted to for the illegal sale, distribution or use of controlled substances, resorts for persons of known bad character and all places resorted to for questionable conduct and promptly report the same on a Field Interrogation and/or Observation Report. He shall observe night walkers and those who improperly accost persons upon the street and shall do all in his
power to protect all persons from insult or annoyance.

Sec. 21 While on duty, shall note all street and sidewalk obstructions, all defects in streets or sidewalks from which accidents may occur, removing or remedying them when practicable; all places for which temporary permits are granted for buildings or where obstructions or excavations exist or are being made and see that suitable safety precautions are provided for the public travel; all street lamps out of repair and not lighted or extinguished at the proper time; any damage or malfunction of traffic control devices or damage to all buildings erected or in the process of erection contrary to law or which may have become unsafe or any buildings in which an unwholesome dangerous or noisome trade is carried on; all defects or other matters
affecting the safety or convenience of the public or the interest of the city and shall make a report thereof without delay to his Duty Supervisor directly or through the Operations Division.

Sec. 22 Who discovers any condition dangerous to life and limb shall notify the Operations Division at once and do all in his power to remedy the condition and remove the hazard. He shall take special notice of all vacant or unoccupied houses to prevent vandalism; be vigilant to prevent fire or waste of water; see that fire escapes are not obstructed; call the attention of abutters to the state of sidewalks and roofs rendered dangerous by snow, ice or other causes or when obstructed by any article; take note of all offensive matter thrown into the street or when streets are improperly obstructed. When the laws and ordinances, orders, rules and regulations for the government of such cases, upon notice given, are not forthwith obeyed he shall ascertain the names of the offending parties and submit an Incident Report to his Duty Supervisor for complaint and prosecution.

Sec. 23 Shall, during the time that business houses are closed, exercise the greatest vigilance, frequently trying and examining accessible doors and windows of such buildings in his assigned area. He shall investigate all suspicious circumstances that present themselves and shall be held responsible for failure to discover and report any accessible doors or windows of business establishments broken open in his assigned area during his tour of duty. If any windows or doors are found broken open or found open or unlocked from apparent negligence he shall promptly inform the Operations Division of all the circumstances and be guided by the instructions received. The Operations Division will notify the Area concerned which in turn will so inform the owner, tenant or representative of the premises. When necessary, assistance will be summoned to safeguard such windows or doors.

Sec. 24 Shall see that sidewalks are not obstructed by persons loitering thereon to the inconvenience of pedestrians.

Sec. 25 Shall direct persons without funds and shelter to the temporary home for women on Chardon Street or, if men, to the Pine Street Inn.

Sec. 26 Who discovers that a serious offense has been committed and the person committing the crime has escaped, shall immediately notify the Operations Division of all the particulars with a description, if possible, of the perpetrator.

Sec. 27 On duty will be permitted to suspend patrol for the purpose of eating but only for such period of time as is authorized and only when permission for the same has been received from the Operations Division. Officers who have been granted this permission are to remain on the air and available for response to any emergency call should the situation require. (See S.O. No. 84-41, dated 8/9/84.)

Sec. 28 Shall be responsible for the thorough searching of any person he places under arrest or takes into custody before he places the prisoner in a department vehicle for transportation.

Sec. 29 To whom a portable radio has been assigned shall be responsible for the care and safety of said radio while in his custody. He shall deliver the radio, together with his Activity Log, to his relieving Supervisor at the conclusion of his tour of duty.

Sec. 30 Who while on duty deems it necessary to warn or correct a person or to issue a citation for an infraction of the traffic regulations, shall do so in a firm but brief and civil manner and without obstructing traffic flow or creating congestion.

Sec. 31 When it is necessary to arrest the operator of a vehicle for a violation, the officer shall, if possible, order the offender out of the traffic flow to the street curb and make such arrest without unnecessary loss of time or the obstruction of traffic. When an arrest is made under such circumstances, proper measures for safeguarding the vehicle of the arrested person must be taken. It shall be the responsibility of the arresting officer to dispose of the car in the following manner:

1. leave it with a person having apparent authority to assume control of it; or
2. park it legally, close the windows, lock it, if possible, and attempt to notify the registered owner; or
3. leave it at the side of the road with windows closed and locked, if possible, if traffic is not obstructed and arrangements can be made for its removal without undue delay; or
4. have it towed for safekeeping.

Sec. 32 When an officer is securing a vehicle on the street (for example, a vehicle involved in an accident or one which was operated by a person now under arrest), which contains valuable property he shall whenever possible, ask the owner of the property how he wants it disposed of. When the owner is unavailable or is unable to express his wishes the officer before securing the vehicle shall remove the property and deliver it to his Duty Supervisor, together with his report of the incident and an inventory of the property removed. When circumstances indicate the necessity, a written notification of what property was removed and where it may be claimed should be left in the vehicle.

Rule 103A - Police Officers Assigned To Department Motor Vehicles

Download Rule 103A

Revised September 29, 2023

Rule 103A, Police Officers Assigned to Department Motor Vehicles

This rule is issued to establish the responsibilities and duties of Police Officers assigned to department motor vehicles. It is effective immediately, superseding all previously issued rules, orders, and other directives and replaces Rule 103A, May 31, 1979.

Sec. 1 GENERAL CONSIDERATIONS: A police officer assigned to duty in a department motor vehicle shall adhere to the rules prescribed for such service and shall be subject to all other rules and regulations prescribed for Police Officers insofar as they are not in conflict with the specific rules which apply to duty in a department motor vehicle.

Sec. 2 A POLICE OFFICER ASSIGNED TO DUTY IN A DEPARTMENT MOTOR VEHICLE: Shall operate only the vehicle to which they have been assigned except in an emergency or on the order of a Superior Officer.

Sec. 3 Shall operate that vehicle only if they have a valid license to operate that class of motor vehicle issued by the Massachusetts Registrar of Motor Vehicles and has been certified to operate that class of motor vehicle by the Department.

Sec. 4 Shall, unless otherwise directed, report to their District or Unit at the time prescribed where the vehicle to which they are assigned will be turned over to them.

Sec. 5 Shall report to their Duty Supervisor, immediately, if the vehicle, which has been assigned to them, is otherwise assigned, or if it is unfit for use.

Sec. 6 Shall when designated as operator make a thorough examination of the vehicle assigned to him/her and its equipment, before starting out on patrol and shall record the complete result of this inspection on the prescribed Department form used for that purpose which shall be submitted, forthwith to their Patrol Supervisor.

NOTE: If possible, try to make the inspection in the presence of the officer from whom you took the vehicle. NEVER TAKE OVER A POLICE VEHICLE FOR WHICH YOU WILL BE HELD RESPONSIBLE, UNTIL YOU MAKE A THOROUGH INSPECTION OF IT AT THE TIME.

Be sure that the spare tire is properly inflated, if it is not, HAVE IT REPAIRED AT ONCE. Officers are not expected to make repairs to cars; it is their duty to drive the car CAREFULLY and to KEEP IT CLEAN both inside and out. Officers are required to change flat tires when they occur; and then bring them to the shop at once and have them repaired. Do not run on tires that are not up to correct pressure.

Avoid striking curbstones or going over objects, as the low-pressure tires are more easily damaged, especially the sidewalls. In many instances, the front end is thrown out of alignment when the front wheels strike a curbstone resulting in a rather costly repair to the vehicle.

Sec. 7 Shall, when designated as the operator, be responsible for the necessary cleanliness of the vehicle to which they are assigned and shall insure that it is sufficiently supplied with fuel and lubricating oil and that the requisite amount of air is in the tires.

Sec. 8 Shall be held responsible for failure to report any damage to the vehicle entrusted to his/her care and for any assigned department property or equipment missing from such vehicle when such damage or missing property or equipment should have been clearly discoverable by the inspection required at the beginning of his/her tour of duty.

Sec. 9 Shall operate the vehicle at a moderate rate of speed and in such manner as will enable them to observe any conditions or occurrences in his/her assigned area, which may require police attention.

Sec. 10 Shall either write their report in the vehicle or go into the station as determined by the supervisor.

Sec. 11 Shall have the radio receiver of their vehicle in operation at all times during their tour of duty. They shall respond immediately to the Operations Division when their particular unit is called and shall strictly adhere to current communication procedures as outlined in Section 8 of Rule 103, Police Officer.

Sec. 12 Shall not, except in case of an emergency or other proper performance of duty, permit any person, other than an officer of rank, to ride in the vehicle to which they are assigned except as ordered by the Police Commissioner’s designee(s) or authorized by the Operations Division or the Bureau of Field Services.

Sec. 13 Shall not, at any time during their tour of duty, leave their r vehicle unattended except in an emergency or when authorized to do so. Vehicle should be secured.

Sec. 14 Shall follow Rule 301 Pursuit Driving for pursuit situations.

Sec. 15 Shall drive their vehicle to a destination by the most direct route and the speed of the vehicle at all times shall be regulated with due regard for the safety of the public. When responding to requests for assistance or service under emergency driving conditions shall follow strictly the provisions of Rule 302 Emergency Driving.

Sec. 16 Shall transport sick or injured persons in their vehicle only under emergency conditions when an ambulance is unavailable and such use must be sanctioned by a Superior Officer or the Operations Division as authorized by Rule 203, Handling of Accident Victims and Emergency Medical Cases.

Sec. 17 Shall not tamper in any way with the vehicle or radio equipment. Officers shall not make unnecessary broadcasts nor interfere in any way with the regular police radio broadcasts. They hall notify the Operations Division immediately of any defect in the operation of the radio. If unable to transmit this information they shall immediately inform their r Duty Supervisor of the condition and be guided by the supervisor’s directions.

Sec. 18 Shall notify the Operations Division immediately if they are sent from their assigned area on orders not transmitted by Operations Division.

Sec. 19 Who is the first to arrive at the scene of an emergency shall as soon as is practicable notify the Operations Division of the nature of the emergency and be guided by the instructions they receive until relieved.

NOTE: The first vehicle arriving at the scene will be used as the communication vehicle, whether from Headquarters or some other Unit, and shall remain in constant radio contact with the Operations Division giving complete detailed reports of conditions at the scene. Officers assigned to vehicles will use good judgment so that only vehicles assigned to the emergency by Operations Division will converge at the scene of a crime when it seems obvious that the perpetrators have fled. All operators of vehicles shall be alert for radio broadcasts from vehicles at the crime scene and make every effort to apprehend vehicles and/or suspects persons in the area.

Sec. 20 When designated an operator, shall at the conclusion of their tour of duty deliver to the relieving Supervisor the keys to the vehicle that was assigned to them.

Sec. 21 RADIO PATROL CARS: Used for patrol duty in a police district, shall patrol the district except as may be otherwise directed by the Area or District Commander or the Operations Division.

Sec. 22 PATROL WAGONS: Are to be used for proper police purposes only and it shall be the responsibility of police officers assigned to patrol wagons to ensure that this rule is not violated. Generally, these purposes are the transportation of prisoners and property lawfully coming into the possession of the police and the movement of police personnel in the necessary performance of duty. Any other use of a department wagon must be authorized by a Superior Officer or the Operations Division.

Sec. 23 A patrol wagon will at all times by manned by two officers in uniform, one assigned as the operator and the other as the observer, to be so designated by the Duty Supervisor, except as may be otherwise ordered by the Area or District Commander.

Sec. 24 A police officer assigned as operator of a patrol wagon should not use this vehicle for conveying persons from one hospital to another or from a hospital to the home of a patient except in the interest of public safety with the authorization of the Operations Division.

Sec. 25 A police officer assigned to patrol wagon duty shall render all necessary assistance to officers in securing prisoners and the observer will be held strictly responsible for the safe custody of prisoners and property placed in his/her charge for conveyance in a patrol wagon.

Sec. 26 A police officer assigned as observer of a patrol wagon shall, whenever assigned or permitted by the Operations Division or a Superior Officer to transport a sick or injured person, ride in the rear compartment of the wagon with the person being conveyed.

Sec. 27 When property or prisoners are being transported in a patrol wagon it shall be

the responsibility of the observer to ensure that the rear doors of the wagon are securely fastened.

Sec. 28 Whenever practicable, the observer shall ascertain the name of the arresting officer and the charge to be lodged against each prisoner placed in their wagon.

Sec. 29 MOTORCYCLES: Police officers assigned to Motorcycle Duty shall ride abreast in pairs unless authorized by the Operations Division or the officers’ Commanding Officer or designee.

Rule 103B - Sworn Personnel Assigned to Traffic Duty

January 4, 2023

This rule is issued to establish the responsibilities and duties of all sworn personnel assigned to traffic posts. It is effective immediately; superseding all previously issued oral or written directives.

Sec. 1 GENERAL CONSIDERATIONS: An Officer assigned to a traffic post or traffic control duty shall adhere to the rules prescribed for such type of service and shall be subject to all other rules and procedures prescribed for police Officers insofar as they are not in conflict with the specific rules applying to traffic duty.

Sec. 2 An Officer assigned to a traffic post, street intersection, or construction site for the purpose of regulating traffic shall be at such post promptly at the designated time. He/she is charged especially with effecting the orderly movement of all vehicles at his/her post with due regard for the safety of pedestrians and in exacting compliance with the laws and regulations pertaining to traffic.

Sec. 3 An Officer assigned to a traffic post will give his/her entire attention at all times to his/her duties. He/she shall not engage in conversation with civilians or Police Officers, except when necessary in the line of police duty, and then such conversation shall be as brief as is consistent with courteous and efficient conduct of police business.

Sec. 4 An Officer assigned to a traffic or crowd control post on a street, at an intersection, or at a construction site, for the purpose of regulating vehicular or pedestrian traffic, shall wear a Department issued or authorized high visibility traffic vest, jacket or belt.

NOTE: Rule 103C amended by Special Order 96-4, January 9, 1996, POLICE OFFICER AS A RANK: References in Rule 103C to the rank of Patrol Officer amended to read as Police Officer.

Rule 103C - Police Officers Assigned To The Mounted Unit

May 31, 1979

This rule is issued to establish the responsibilities and duties of police officers assigned to the Mounted Patrol Unit of this department. It is effective immediately, superseding all previously issued rules, orders and other directives and replaces Rule 27, Patrolmen, Mounted, of the 1950 Manual of the Department.

Sec. 1 GENERAL CONSIDERATIONS: A police officer assigned to mounted patrol duty shall adhere to the rules prescribed for such service and shall be subject to all other rules and regulations prescribed for patrol officers insofar as they are not in conflict with the specific rules applying to mounted duty.

Sec. 2 A police officer assigned to mounted patrol duty: shall be held strictly responsible for his/her mount and any equipment assigned to him/her.

Sec. 3 Shall remain mounted, as continuously as is practicable, unless otherwise directed by the Operations Division or a superior officer. He/she shall insure the safety of his/her mount when called upon to perform dismounted police duties.

Sec. 4 Shall not leave his/her mount unattended while on duty except in an emergency or as he/she may be otherwise authorized.

Sec. 5 Shall train his/her mount to walk at a rapid pace but shall not urge the animal beyond a pace required for police business.

Sec. 6 Shall be humane in his/her treatment of his/her mount and shall be held strictly accountable for any abuse to which the animal is subjected while in his/her charge.

Sec. 7 Shall tend to the proper watering of his/her horse while on duty.

Sec. 8 Shall promptly reporting in writing to his/her Commanding Officer any sickness, accident or injury to his/her mount while on duty.

Sec. 9 Shall insure that his/her mount is treated properly by hostlers and report any incident of neglect or ill treatment in writing to his/her Commanding Officer.

NOTE: Rule 103C amended by Special Order 96-4, January 9, 1996, POLICE OFFICER AS A RANK: References in Rule 103C to the rank of Patrol Officer amended to read as Police Officer.

Rule 103D - Police Officer Assigned To The Canine Unit

This rule is issued to establish the responsibilities and duties of Police Officers assigned to the Canine Unit of this department. It is effective immediately; superseding all previously issued rules, orders and other directives concerning police Officers working with Police Department dogs.

Sec. 1 GENERAL CONSIDERATIONS: A Police Officer assigned to the Canine Unit shall adhere to the rules prescribed for such service, and shall be subject to all other rules and regulations prescribed for Police Officers, insofar as they are not in conflict with the specific rules applying to Canine Unit duty.

Sec. 2 A POLICE OFFICER ASSIGNED TO CANINE DUTY Shall be held strictly responsible for the overall handling, care and custody of the animal and any equipment assigned to him/her.

Sec. 3 Shall constantly and faithfully patrol the area to which he/she is assigned, accompanied by his/her dog, monitor his or her radio, and provide assistance to district uniformed personnel, unless otherwise directed by the Operations Division or a Superior Officer.

Sec. 4 Shall not leave his/her dog unattended, while on duty, except in an emergency or as may be otherwise authorized. On such occasions the animal shall be confined in a police vehicle or an area inaccessible to the public.

Sec. 5 Shall be humane in his/her treatment of his/her dog, and shall be held strictly accountable for any abuse to which the animal is subjected while in his/her charge.

Sec. 6 Shall promptly report in writing to his/her Commanding Officer any sickness, accident or injury to his/her dog.

Sec. 7 Shall immediately notify his or her unit supervisor and report in writing to the Commanding Officer of the Special Operations Division, fully and completely all details concerning any physical contact (bite), injury, and/or any other accidental physical contact, however minor, caused by his or her dog while on or off-duty.

Sec. 8 INVESTIGATION OF USE OF FORCE Canine– all Use of Force investigations involving a Canine should be handled per Rule 304

NOTE: Rule 103C amended by Special Order 96-4, January 9, 1996, POLICE OFFICER AS A RANK: References in Rule 103C to the rank of Patrol Officer amended to read as Police Officer.

Rule 103E - Police Officers Assigned To Harbor Patrol-Harbor Master

March 16, 1983

This rule is issued to establish the duties of the Harbor Master and to set out the responsibilities and duties of police officers assigned to the Harbor Patrol. It is effective immediately; superseding all previously issued directives concerning these subjects and replacing Rule 19 of the 1950 Department Manual.

GENERAL CONSIDERATIONS: A police officer assigned to the Harbor Patrol shall adhere to the rules prescribed for such service: shall obey all oral and written directives of the Harbor Master, and shall be subject to all other rules and regulations prescribed for police officers insofar as they are not in conflict with the specific rules which apply to duty with the Harbor Patrol Unit.

Sec. 1 The Police Commissioner shall appoint the Harbor Master and shall assign him/her to the command of the Harbor Patrol Unit. The Harbor Master shall be responsible for the general good order and cleanliness of the department boats and their equipment. The Police Commissioner will appoint Assistant Harbor Masters from among the police officers assigned to the Harbor Patrol Unit.

Sec. 2 The Harbor Master is especially charged with the enforcement of the “Harbor Regulations,” laws of the Commonwealth, and the ordinances of the City of Boston that pertain to his/her specific duties. He/she shall cooperate with the United States Marshal and the officers of the Customs Services in enforcing the laws of the United States.

Sec. 3 The Harbor Master shall supply to all vessels from foreign ports a copy of the “Harbor Regulations.”

Sec. 4 The words “Harbor Master” and “Police” shall be displayed on a sign attached to the pilothouse of each Police Department boat.

Sec. 5 When a fire occurs on the waterfront the officers of the Harbor Patrol Unit shall give aid in removing endangered vessels and at all times shall assist in saving life and property.

Sec. 6 During the daylight hours, police boats shall patrol the upper harbor visiting the wharves, yacht clubs, moorings, islands, and shipping, as time and duty may allow. One boat shall patrol the lower harbor at least once each day when practicable. An adequate patrol of the harbor shall be maintained during the nighttime hours.

Sec. 7 When the police boats are at their dock they shall be kept in such condition that they can be brought into immediate use, if required.

Sec. 8 No person shall be allowed on board a police boat except on business or with the permission of the Police Commissioner, Superintendent or Harbor Master.

Sec. 9 No one shall be allowed to use a police boat for any purpose not directly connected with the business of the Police Department or of the Harbor Master.

NOTE: Rule 103C amended by Special Order 96-4, January 9, 1996, POLICE OFFICER AS A RANK:
References in Rule 103C to the rank of Patrol Officer amended to read as Police Officer

Rule 103X - Police Cadets

September 18, 2017

his rule is issued to establish the duties and responsibilities of the position of Police Cadet. It is effective immediately, superseding all previously issued rules, orders, and other directives, and replaces Rule 103-X, dated June 19, 2007.

Sec. 1 GENERAL CONSIDERATIONS: The City of Boston created the Police Cadet Program to attract qualified young people from the community to a police career. It is designed to expose potential police candidates to police operations and objectives and encourage them to pursue a position as a Boston Police Officer.

Sec. 2 POLICE CADET REQUIREMENTS: The department appoints Police Cadets under the provisions of M.G.L. c. 147, § 21A. Police Cadet candidates must be not less than 18 and not more than 25 years of age upon appointment. Candidates must be United States citizens, residents of the City of Boston for the last 5 years, and graduates (or soon to be graduates) from high school or a high school equivalency program. Candidates must pass a qualifying examination. Candidates must also be licensed drivers by the Commonwealth of Massachusetts and meet the same physical fitness standards required of Boston Police recruits. No candidate for a Police Cadet position will be considered if he/she has been convicted of a felony.

Sec. 3 POLICE CADET APPOINTMENTS: The appointments of Police Cadets are not subject to Civil Service Law or Rules and such appointments may be terminated by the appointing authority at any time. The Department may terminate any Police Cadet who reaches the age of twenty-seven. A Police Cadet shall not be terminated for age unless the cadet has completed 2 years of service. Police Cadets who have completed at least 2 years of service with the department, meet the civil service requirements, meet department requirements and pass the civil service exam are eligible for appointment to the Boston Police Department, as a police officer, under M.G.L. c. 147, § 21A.

Sec. 4 POLICE CADET ASSIGNMENTS: Police Cadets shall be assigned to the Bureau of Professional Development and detailed to various Bureaus, Areas and Units for duty. The Chief of the Bureau of Professional Development or his/her designee shall assign hours of duty for Police Cadets.

Sec. 5 POLICE CADET SUPERVISION: The overall supervision of the Police Cadet Program shall be the responsibility of the Chief of the Bureau of Professional Development or his/her designee. The Chief of the Bureau of Professional Development or his/her designee shall ensure that Cadets are effectively utilized, suitably instructed, and properly supervised.

Sec. 6 POLICE CADET ALLOWANCES: Sick leave and vacation allowances for Police Cadets shall be provided as in the applicable Collective Bargaining Agreement. Police Cadets shall be covered by Worker’s Compensation if injured while on duty. A Police Cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his compensation for the purpose thereof; but a Police Cadet who during the period of his “on the job training” passes a competitive civil service examination for appointment to the police force of such city or town, and is appointed a permanent full-time police officer, shall have his Police Cadet service considered as “creditable service” for purposes of retirement, provided he pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which he would have paid had he been a member of said retirement system during the period of his training as a Police Cadet.

Sec. 7 POLICE CADET RESTRICTIONS: Police Cadets shall never handle a firearm while on duty. On-duty Police Cadets shall only handle alcoholic beverages while under the direct supervision of a Superior Officer. On-duty Police Cadets shall only handle controlled substances while under the direct supervision of a Superior Officer and for administrative purposes only.

Sec. 8 UNIFORMS AND EQUIPMENT: Police Cadets shall be responsible for all uniforms and equipment furnished to them. Police Cadets shall return all such property to the Department upon their termination of employment.

Rule 104 - Sergeants

April 21, 2023

Revised Rule 104, Sergeants, is hereby re-issued superseding all previous rules, special orders, memos and directives on this subject and is effective immediately.

Specific changes include:

Section 2 Primary Responsibilities - changes “public service” to “community engagement.”
Section 3 Duties - reformatted into bullet points A-K, with changes to the introductory sentence, B, D, E, F, and J. Please also note H is a revised and expanded description on resolving disputes between police and citizens.
Pronouns

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

This rule is issued to establish the responsibilities and duties of the rank of Police Sergeant. It is effective immediately, superseding all previously issued rules, orders, and other directives, and replaces Rule 104, November 5, 1982.

Sec. 1 GENERAL CONSIDERATIONS: The delivery of police services to the community is uniquely difficult to direct. Despite the fact that efforts to control police behavior have been many and diverse, no truly effective method has emerged. Rules, regulations and orders can provide policies and procedures to follow; training can equip the officer with the understanding and skills necessary to perform effectively; and supervision can give guidance and support. The police sergeant, as the first line supervisor, is in a better position than any other superior
officer to provide this guidance and support.

Every sergeant is expected to be aware of the duties and responsibilities of a Patrol Supervisor, Rule No. 104-A, and of a Duty Supervisor, Rule No. 106.

Sec. 2 PRIMARY RESPONSIBILITIES: The police sergeant provides immediate supervision over their subordinates, coordinates their activities, and assumes responsibility for their actions and performance. They perform activities in the areas of administration, supervision of initial criminal investigations, crime prevention, personnel management, conflict intervention, community engagement, and training.

Sec. 3 DUTIES: The duties of a police sergeant include but are not limited to the following activities:

A. Interprets and explains law and administrative orders to subordinates and ensures their Keeps subordinates updated on changes in the law. Ensures that subordinates operate within the law by requiring that they protect the rights of complainants, arrested persons and criminal suspects.

B. Assesses personnel performance and counsels subordinates on personal and work-related problems.

C. Assumes command of a Division or Unit in the absence of an officer of higher rank.

D. Reviews reports submitted by subordinates when acting as the duty supervisor or as a sergeant detective. Approves, concurs, or disapproves reports. Assures that all reports submitted are complete and accurate.

E. Plans and directs tactical responses to problems in their area of responsibility and assumes command of police responses in field situations of a particularly complex or sensitive nature as well as at the scene of major crimes until a supervisor of higher rank or a supervisor assigned to a special unit assumes command.

F. Watches for indications of corruption among their subordinates and within their area of responsibility. Shall move to eliminate such corruption or involvement, and report this to a sworn member of the Anti-Corruption Division.

G. Resolves disputes among subordinates and between their subordinates and other members of the department. Resolves friction and tensions that may develop among personnel under their supervision.

H. Supervisors shall attempt to resolve disputes that are brought to their attention between members of the public and officers within the department. Bringing these matters to a satisfactory result can improve relationships with our community members and modify behavior to improve service. Immediate action will increase the chances of desired results.

Supervisors should consider the following guidelines for resolving disputes:

Listen to both parties;
Ensure accountability, transparency and objectivity;
Identify the issue;
Promote respectful communication, fairness, and conflict resolution in order to build trust and understanding between police and the community.

Following such action, the supervisor shall write a report (form 26) to their district or unit commander detailing the dispute, documenting the steps taken to resolve the matter and making a recommendation for any further action required.

I. Orients members of the department newly assigned to their command to the characteristics and problems of the area served.

J. Mentors and assists subordinates in the skills necessary to carry out their assigned tasks. Works to obtain material and personnel resources needed by their subordinates. Assures that equipment assigned to their subordinates is kept in good working condition and that the appearance of subordinates complies with the Department policy.

K. Devises methods and responses to improve the quality of police service to the community. Shares the responsibility to represent the department at public and neighborhood meetings.
Note: Rule 104, issued November 5, 1982 replaced Rule No. 23 of the 1950 Manual.

Rule 104A - Patrol Supervisors

April 21, 2023

Revised Rule 104A, Patrol Supervisor, is hereby re-issued superseding all previous rules, special orders, memos and directives on this subject and is effective immediately.

Specific changes include:

Section 2 Roll Call Inspection is removed. This belongs in Rule 106, Duty Supervisors.
Section 2 (formerly 3), Administrative Unloading Procedures first bullet; AdministrativeReloading Procedures first and third bullets
Section 3 (formerly 4)
Section 10 (formerly 11)
Section 12 (formerly 13)
Section 14 (formerly 15)
Former Section 16 removed
pronouns

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

This rule is issued to establish the responsibilities and duties of the position of Patrol Supervisor in this Department. It is effective immediately, superseding all previously issued rules and directives.

Sec. 1 GENERAL CONSIDERATIONS: An officer assigned as a Patrol Supervisor of an Area or Unit shall adhere to the rules prescribed for officers of the rank. A Patrol Supervisor shall ensure that all subordinates perform their duties in a professional, efficient and effective manner, and act in compliance with all Rules and Regulations of the Boston Police Department.

Sec. 2 FIREARM INSPECTION: Patrol Supervisors shall ensure that the firearms of the officers assembled at roll call are inspected every Thursday. The results of such inspections shall be recorded in the Administrative Journal and in the Administrative Detail Book.

The Commander at each District Station shall designate a safe unloading/loading area for the purpose of safely conducting firearm inspections. Patrol Supervisors conducting weekly firearm inspections shall only utilize the designated unloading/loading area and, taking no more than
two (2) officers at a time to this area, shall have the officers administratively unload their weapons, one at a time.

Prior to taking possession of and inspecting a firearm, the Patrol Supervisor shall ensure that the following steps are strictly adhered to by all officers directed to administratively unload their weapons:

Administrative Unloading Procedure

Officers shall unload their weapon only in the designated unloading/loading area, while pointing it into the weapons discharge clearing station
Officers shall remove the magazine from their weapon, while the firearm remains
holstered, and put the magazine into a pocket.
Officers shall remove the weapon from its holster, keeping their finger off the trigger
and outside the trigger guard, and lock the slide open ejecting any chambered round
and placing such ejected round in their pocket.
Officers shall visually and physically inspect the chamber and the magazine well to
ensure that there is not a live round in the chamber.
Officers shall then hand their weapon, with the slide locked open, grip end first, to the
Patrol Supervisor for inspection.

After inspecting the weapon solely for cleanliness, the Patrol Supervisor shall return the weapon to the officer, with the slide locked open, grip end first, and instruct the officer to administratively reload the weapon in the designated unloading/loading area. Patrol Supervisors shall direct officers to immediately clean any weapon which requires it and then resubmit it for inspection prior to assuming patrol duties.

The Patrol Supervisor shall ensure that the following steps are strictly adhered to by officers directed to administratively reload their weapons:

Administrative Reloading Procedure

Officers shall drop the slide on the empty weapon and re-holster, while at the designated unloading/loading area while pointing it into the weapons discharge clearing station.
Officers shall, while the weapon remains holstered:

insert the magazine into the magazine well;
b. ensure that the magazine clicks into place;
c. tug on the magazine to ensure that the magazine has seated properly; and
d. run their hand around the grip end of the weapon to make sure that clothing has not snagged between the weapon and the magazine.

Officers shall then remove the weapon from its holster and, keeping their finger off the trigger and outside the trigger guard and keeping the weapon pointed into the weapons discharge clearing station, chamber a round.
Officers shall then re-holster the weapon and, while the weapon remains holstered:

remove the magazine from the magazine well;
b. insert the previously ejected round (or a new round) into the magazine;
c. re-insert the magazine into the magazine well;
d. ensure that the magazine clicks into place;
e. tug on the magazine to ensure that the magazine has seated properly; and
f. run their hand around the grip end of the weapon to make sure that clothing has not snagged between the weapon and the magazine.

Except for those officers directed to immediately clean their firearms and submit them for reinspection, all officers shall return to their duties immediately after their firearm has been inspected and reloaded.

Sec. 3 Issue the keys to motor vehicles to the personnel under their command immediately after roll call.

Sec. 4 Ensure that a Vehicle Inspection Form has been properly completed and submitted for each vehicle being used during their tour of duty before any vehicle is put into service.

Sec. 5 Ensure that the patrol officers being relieved shall return the keys to department vehicles.

Sec. 6 Check periodically the department vehicles parked in the vicinity of the police station to ensure that all such vehicles are secure and parked properly; such a check is to be made during each tour of duty, when practicable.

Sec. 7 Prior to beginning their patrol familiarize themselves with all important matters which have occurred since their last tour of duty, especially matters still pending and incidents likely to recur in the Area.

Sec. 8 Patrol their assigned area unaccompanied in a marked radio-equipped vehicle, except as may be otherwise ordered, and shall be held accountable for the proper supervision of the
subordinates under their command.

Sec. 9 When possible, respond to 911 calls when units under their command are dispatched especially when such units request additional time in order to complete their duties in a proper and professional manner.

Sec. 10 Ensure that the patrol units under their command remain within their assigned areas, unless dispatched elsewhere They shall go to the station house only when ordered or dispatched there and only when it is necessary for the proper conduct of police business.

Sec. 11 Respond to the serious crimes, major fires, sudden deaths and emergency situations which occur within their assigned area for the purpose of organizing resources most effectively.
At the scene of a disaster or an incident where the need for police services appears to be of a long duration or when many officers will be needed to assist, the first Superior Officer arriving at the scene shall assume command, set up a Command Post near the scene, establish communication with the Operations Division, and shall remain in command until relieved by an officer of higher rank.

Sec. 12 Respond to any report of a civil rights violation within their assigned area and ensure that the provisions of all special orders concerning civil rights violations are complied with.

Sec. 13 Investigate and report any incident concerning an officer under their command who is injured while on duty; or any damage to, or loss of, department property coming to their attention or which has occurred during their tour of duty.

Sec. 14 Make periodic inspections of the licensed premises within their assigned area, especially those suspected of illegal activity, and make an entry to that effect on a licensed premises violation form particularly noting the name and addresses of the premises and conditions as found. Follow responsibilities articulated in Rule 326 Section 6 Responsibilities of Supervisory Personnel – Patrol Supervisors.

Note: Amended by Special Order 97-54, issued December 4, 1997, which updated Roll Call and Firearm Inspection Procedures. Previous version of this rule was dated June 8, 1984.

Rule 105 - Lieutenants

June 4, 1979

This rule is issued to establish the responsibilities and duties of the rank of Police Lieutenant. It is effective immediately, superseding all previously issued rules, orders, and other directives, pertaining to that rank and replaces Rule #22 of the 1950 Manual, LIEUTENANTS, and Special Order No. 74-99.

Sec. 1 GENERAL CONSIDERATIONS: Under general direction, a Lieutenant will supervise subordinates in the performance of their duties and insure their compliance with law, department policy, procedures, rules and regulations and accepted police practices; assume command of a Police District or Unit of similar responsibility in the absence of an officer of higher rank; assist the commanding officer in establishing goals and priorities for dealing with problems in the districts; assist in planning and implementing appropriate strategies for meeting these goals, including the management and allocation of resources in the most effective and efficient manner; evaluate the success of units and subordinates in implementing these strategies in accomplishing goals; insure that personnel assigned to his command are well trained and knowledgeable of accepted police practices, law and departmental policies, procedures, rules and regulations, and advise them of interpretations of same; represent the department and the district to the community and advise the commanding officer and the department of the problems and concerns, criminal and otherwise, of the community; advise the commanding officer and the department regarding needed changes in policies, procedures, rules and regulations; advise the commanding officer and the department of the concerns of personnel under his command; insure all reports prepared by personnel under his command are accurate and complete; assist the commanding officer in supervising major internal investigations in the district and make appropriate recommendations concerning their resolution; watch for indications of corruption and misconduct among subordinates and take appropriate corrective action; and perform related work as required.

Sec. 2 A Lieutenant assigned to an Area will assist the District Commander or the Deputy Superintendent in charge of the area and will act in accordance with Department Rules and Regulations. Any additional duties will be defined by the District Commander and will include field inspections of the subordinates under his command.

Sec. 3 When a Lieutenant is in command of an Area, he will be held fully accountable for the conduct of affairs within the Area. He will also be responsible for the guidance and supervision of sergeants and patrol officers under his command and will exercise this responsibility throughout his Area

Rule 106 - Duty Supervisor

November 6, 1986

This rule is issued to establish the responsibilities and duties of the position of Duty Supervisor in this Department.

Sec. 1 GENERAL CONSIDERATIONS: An officer assigned as Duty Supervisor of a District or Unit shall adhere to the rules prescribed for that position and shall be subject to all other rules and procedures prescribed for officers of his rank.

Sec. 2 A Duty Supervisor shall ensure that all subordinates perform their duties in a professional, efficient and effective manner and act in compliance with all Rules and Procedures of the Boston Police Department.

Sec. 3 In the absence of the Commanding Officer the Duty Supervisor shall be held to a full responsibility for the conduct of affairs within the district or unit to which he is assigned.

Sec. 4 A DUTY SUPERVISOR SHALL: Attend all roll calls during his tour of duty, reading all orders, notices and information to be promulgated at those roll calls and shall supervise the distribution of pertinent papers, warrants, summonses, changes in rules, regulations or procedures and perform such other duties as his Superior may assign to him.

Sec. 5 Ensure that the Patrol Supervisor properly inspects the sworn personnel at all roll calls during his tour of duty.

Sec. 6 Perform field inspections at periodic intervals during his tour of duty in addition to fulfilling other assigned duties within the station house or elsewhere. He shall particularly note that all subordinates report for duty and are properly relieved at scheduled times and shall submit a report to his Commanding Officer of any absences from assignments without proper authority or any neglect or other improper performance of duty on the part of any of his subordinates.

Sec. 7 Be responsible for the safekeeping of all persons brought to the district in custody.

Sec. 8 Assign an officer to ensure the safety and security of prisoners and the department building. The conditions of all prisoners shall be checked at least once every 20 minutes and the results of such inspections accurately recorded on the department form provided for that purpose.

Sec. 9 Ensure that all required information is accurately recorded on the Arrest Record of all prisoners taken into custody and brought to the station house for processing during the time he is on duty. He shall examine each prisoner immediately for visible cuts, bruises or other injuries and, if any are observed, conduct a thorough investigation to determine the cause and submit the necessary reports as required by law and the Department Rules. Sec. 10 Restrict the presence of civilians and police officers in the building to those who are authorized, have official business, or are there for the proper performance of their duties.

Sec. 11 Ensure that all matters and procedures transpiring within the station are properly performed and supervised.

Sec. 12 Ensure that all money or other property alleged to have been unlawfully obtained or which has been lost or abandoned and thereafter taken into custody by a member of the force or which shall have been seized or taken from any person arrested for any cause is properly received, recorded and adequately secured.

Sec. 13 Ensure that Beat Plans are properly fielded and that the required notifications concerning said plans are made in accordance with department procedures.

Sec. 14 Ensure that all work and other activities begun on prior tours of duty are completed during his tour of duty, if feasible.

Sec. 15 Be responsible for the proper maintenance of all required records and shall insure that adequate supplies of required forms are on hand or requisitioned.

Sec. 16 Ensure that the garage is properly maintained and has adequate supplies of fuel and oil; that the required records of their use are accurate and current; and that the sidewalks and entrances about the department buildings are free from snow or defects.

Sec. 17 Ensure that the proper notation is made in the Administrative Control Log of every instance that he is absent from his post as the Duty Supervisor with the reason for his absence and the name of the officer relieving him.

Sec. 18 Be responsible for reviewing all Incident Reports required to be submitted during his tour of duty to insure that all are properly and accurately completed and shall sign each report in the area designated for his signature.

Rule 107 - Area Commander

July 5, 1979

This rule is issued to establish the duties and responsibilities of the position of Area Commander in this Department. It is effective immediately, superseding all previously issued directives and replaces Rule No. 21, Division Commanders, of the 1950 Manual.

Sec. 1 GENERAL CONSIDERATIONS: An Area Commander is an officer assigned by the Police Commissioner to command an Area. He shall sign and be addressed under his official title. Otherwise he shall be known for convenience in Rules and Orders as an Area Commander.

Sec. 2 AN AREA COMMANDER SHALL: Have control of all members of the Department attached to his Area, subject to the orders of his superiors and the rules of the Department. With the approval of the Chief of the Bureau of Field Services he may make minor rules for the conduct of his subordinates and for the use of the station house provided such rules are not in conflict with Department rules.

Sec. 3 Make his daily assignments consistent with Department operating procedures.

Sec. 4 Be responsible for assuring the promulgation of all Department rules, directives, orders, memoranda and circulars to his subordinates, attending all roll calls while on duty, when practicable.

Sec. 5 Be responsible for monitoring the use of sick time by those employees attached to his Area, and in the case of excessive use of sick leave by any member, he shall cause an investigation to be made to determine the cause and take the appropriate action as warranted.

Sec. 6 Be responsible to see that all overtime assignments on his Area are performed by Area personnel in accordance with Department policy, that all overtime slips are completed, properly coded, signed by him and forwarded to the Bureau of Field Services within the prescribed time.

Sec. 7 Be responsible for all department equipment and property assigned to his Area including its proper care, maintenance, cleanliness and safekeeping. He shall be responsible for the day- to-day maintenance of the police buildings assigned for use by his command and report through channels any required repairs.

Sec. 8 Be held strictly responsible for the preservation of the public peace, the enforcement of laws and the effective delivery of all police services in his Area; and for that purpose may assign the officers under his command in such parts of the Area and to such duties as he may deem expedient, under the supervision of the District Commander and/or the Chief of the Bureau of Field Services and in accordance with the rules of the Department.

Sec. 9 In case of riot or sudden emergency in his Area, forthwith proceed to the scene of the disturbance with all the force necessary and be vigilant in suppressing the disorder. Should he have any doubt of his ability to preserve the peace or to restore order he shall immediately send notice to the Bureau of Field Services.

Sec. 10 Keep himself informed as to civic, political or other gatherings of a similar public character likely to attract large numbers of persons at particular places in his Area and when necessary in his judgment or when so ordered by the Chief of the Bureau of Field Services shall assign sufficient personnel to assure order.

Sec. 11 Be responsible for the care and safekeeping of all persons arrested or taken into custody and brought to his station for any offense. Female and juvenile prisoners shall be disposed of according to Law and Department Rules and Procedures.

Sec. 12 In addition to his duties under statutes, ordinances and rules and orders of the Police Department, have general police supervision over all persons holding licenses or permits issued by the Police Commissioner, the Licensing Board or any Municipal Officers, Board or Commission. He shall make reports with recommendation when called upon so to do preliminary to the issuance of such licenses or permits. In all cases where the holder of a license or permit violates any of the conditions thereof, or violates the law, an Area Commander shall report the facts in writing, on the prescribed Department form, to the Police Commissioner, and if prosecution is made, he will forward a supplementary report to the Police Commissioner via his Bureau Chief, setting forth the disposition of the case by the court.

Sec. 13 Be careful in dealing with a person who calls upon him for approval before applying for a license upon which the Police Department must afterwards give official judgment. For a license to be granted by the Police Commissioner or any other official, or official body under Police advice, the first proper step is to file a formal application in the appropriate office. When that application reaches the Area Commander who is to pass upon it, it becomes his duty for the first time to express a free and deliberate opinion and from that opinion he should not afterwards be moved by persuasion or any influence other than the receipt of more reliable current information or an honest change in his own judgment.

Sec. 14 Frequently inspect his Area, noting general conditions, non-compliance with or violations of the statute was, city ordinances, police rules and procedures and all other matters requiring the attention of the police.

Sec. 15 Ensure that each officer under his command has a copy of the Rules and Procedures of the Department and complies with their requirements. He shall instruct, or cause to be instructed, the personnel under his command in all matters pertaining to their duties.

Sec. 16 Cause an inquiry to be made into all complaints and charges of laxity or misconduct in the performance of duty by members of his command; carefully note the case of every subordinate violating the rules and regulations or other neglect of duty or discipline and submit a written report of all such cases to the Police Commissioner and shall thereafter proceed in accordance with the provisions of the Rule pertaining to Discipline Procedures.

Sec. 17 Cause a daily inventory to be made of all portable radios assigned to his Area, and, should any be found to be missing, institute a diligent investigation as to their whereabouts, reporting all the facts to the Police Commissioner.

Sec. 18 Appoint a Superior Officer to insure that the procedures outlined in the Rule concerning the Safeguarding, Disposition and Destruction of Controlled Substances are complied with; and that a weekly inspection of the controlled substance log book and the evidence storage lockers is made to ascertain that all substances listed in the log book are in fact in the lockers or are otherwise accounted for and that the provisions of the Department rule are adhered to.

Sec. 19 Ascertain that there are sufficient vehicles for officers going on patrol, requesting additional vehicles from the Automotive Maintenance Unit, if necessary.

Sec. 20 Ensure that the vehicles assigned to his Area are accounted for, that all vehicles in use are inspected during each tour of duty for cleanliness and to ensure that all equipment is in good working order.

Sec. 21 Read and sign, if required, all reports submitted during the previous 24 hours.

Sec. 22 Make a daily tour of the station, both inside and out, to insure that all subordinates are performing properly and to note the physical condition of the building.

Sec. 23 Confer once a week with the Superior Officer designated to oversee the assignment of paid details and overtime to insure fair and equitable distribution.

Sec. 24 Ascertain weekly that sick time or time lost due to injuries, on or off duty, is not being abused.

Sec. 25 Evaluate the strength of squads monthly to insure proper balance. Sec. 26 Supervise and control personnel assigned to each vacation period.

Sec. 27 Confer weekly with his Detective Supervisor concerning crime patterns and trends and the deployment of personnel and similar matters.

Sec. 28 Confer weekly with the Community service Officer(s) concerning personal appearances with community leaders and persons making complaints concerning department personnel or service delivery.

Sec. 29 Check monthly the court and overtime printout for improper or needless appearances.

Sec. 30 Confer once a month with supervisors assigned to drug lockers, radio, automotive, and firearm lockers to insure proper performance.

Sec. 31 Check activity logs for performance evaluation.

Rule 108 - Department Hearing Officer

June 12, 1982

This rule is issued to establish a procedure for the designation of hearing officers pursuant to M.G.L. c. 31, s. 41. This law permits the Police Commissioner to designate hearing officers to conduct hearings to determine whether a tenured employee shall be discharged, suspended, required to perform punishment duty, laid off, or have his office or position abolished. The designated hearing officer is required to report findings forthwith to the appointing authority for action. This rule becomes effective immediately.

Sec. 1 All designations of hearing officers shall be made by the Police Commissioner in writing and shall specify the name of the hearing officer and the employee who is the subject of the proposed hearing. The designation shall be filed with the Chief Clerk and the Internal Affairs Division.

Sec. 2 Upon receipt of a written designation, the Internal Affairs Division shall cause to be served upon the employee the notice as to the time, date and place of the hearing, the person who has been designated as the hearing officer, the statement of the reasons for the proposed action, and copies of M.G.L. C. 31, ss. 41-45 (all employees), and s. 62 (sworn personnel. In addition, the Internal Affairs Division may arrange for either the presence of a stenographer or an electronic recording device to preserve the testimony. Prior to the scheduled date of the hearing the Internal Affairs Division shall designate an employee to serve as clerk during the hearing. The clerk shall be responsible for marking and preserving all evidence introduced at the hearing.

Sec. 3 The hearing shall be informal and administrative. The hearing officer need not apply the rules of evidence observed by law. Evidence which reasonable persons are accustomed to rely on in the conduct of their affairs may be considered. Unduly repetitious evidence may be excluded. Documentary evidence may be admitted in the form of copies or excerpts or by incorporation by reference. The hearing officer may establish reasonable rules to expedite the hearing.

Sec. 4 The hearing officer shall hear and consider all evidence offered by the parties which is relevant to the statement of the reasons for the proposed action. The employee shall have the opportunity to offer written, oral and real evidence and to examine and cross-examine all witnesses who testify before the hearing officer. Witnesses shall be sworn or make an affirmation before testifying.

Sec. 5 Upon completion of the hearing, the hearing officer shall forthwith submit a written report to the Police Commissioner with a copy to the Internal Affairs Division. That report shall summarize the evidence introduced by the parties, make specific findings of fact and make recommendations as to the disposition of the charges including recommendations as to the appropriate discipline, if any.

Sec. 6 The Police Commissioner shall immediately review the report of the hearing officer. He may return it to him for elaboration, further explanation or for further hearings and findings of fact, if necessary and practicable, within the time limits required by law. Recommendation made by the hearing officer will not be binding on the Police Commissioner. Within seven days after filing of the report of the hearing officer, the Police Commissioner shall give to the employee a written notice of his decision, stating fully and specifically the reasons therefore.

Sec. 7 At any time the employee may waive his right to a hearing and sign a written statement that he waived his right to a hearing under M.G.L. C. 31, s. 41 (all employees), and s. 62 (sworn personnel), and review under M.G.L. C. 31, ss. 42, 43 and 44, and agree to accept a suspension, discharge or imposition of punishment duty. Said waiver and agreement shall be subject to the approval of the Police Commissioner.

NOTE: Chapter 393 of the Acts and Resolves of 1978 amended M.G.L. c. 31.

This recodification necessitated changes in Rule No. 108 as follows:

Preamble-MGL, c. 31, S 43(a), changed to M.G.L. C31, s.41.

Section 2-M.G.L, c.31 ss.43, 45, 45a, changed to M.G.L. C.31, ss.41-45 (all employees) and s. 62 (sworn personnel).

Section 7-M.G.L, C.31, s. 43 (a) changed to M.G.L, C.31, s. 41 (all employees) and s. 62 (sworn personnel). Changed M.G.L. C. 31, ss45 and 46 A to M.G. L. C. 31, ss 42, 43 and 44.

Rule 109 - Discipline Procedure

April 12, 1983

Sec. 1 This rule is written and promulgated to be used in conjunction with Rule 102, which defines the conduct, general rights and responsibilities of Police Department Personnel. It is designed to provide maximum flexibility in the discipline process and to increase the responsiveness of the Department to the needs of the individual member and of the community.

Sec. 2 “Discipline” has too long had the connotation of simple punishment; this rule envisions a disciplinary process which incorporates the idea of training both for effective self-discipline and for a group discipline, or esprit de corps. To accomplish this design, the rule recognizes the wide spectrum of discipline and through such provisions as the five-day suspension program and the district personnel records places discipline at a level where it can respond better to the individual member.

Sec. 3 Scope: This rule is designed strictly to be procedural in nature, and is not meant to create new rights or duties not previously granted by law or contract. For example, CETA employees, probationary employees, and provisional employees shall continue to be governed by the respective rules and laws pertaining to them, and this rule shall not apply to them where inappropriate or inconsistent with those rules or laws. This rule is also not meant to change the working conditions of members of the Department, but instead is a managerial guideline controlling administration. It does not necessarily promulgate a new set of procedures, but in most cases simply compiles existing departmental policy and practice. In addition, the special procedures relating to written reprimands, ss. 21-27 apply only to police officers covered by the Agreement between the City of Boston and the Boston Police Patrolmen’s Association. Finally, if any substantive changes in the rights and duties of employees or the Department made by future changes in the law or the contract affect sections of this rule, such changes shall notwithstanding override the affected sections.

Sec. 4 Part I of this rule, “Spectrum of Discipline,” defines the outlines of the Department’s disciplinary program. It contains a general discussion of the sanctions which may be used by the Department followed by a discussion of the concept of “Progressive Discipline.” Section C of Part I establishes district personnel records which are to be utilized in connection with progressive discipline; finally, the procedures used in three types of sanctions-written reprimands, five-day suspensions, and punishment duty are specifically detailed, to provide for uniformity of treatment under the discipline rule.

Sec. 5 Parts III through V of the rule state the procedures to be used by the Department in handling complaints, administrative investigations of allegations of misconduct by Department members, and hearings.

The complaints section creates a unified procedure for the handling of all complaints made the Department either from inside or outside. The section on investigations seeks to promote quick, thorough investigations without abridging the rights of Department members or injuring the reputations of members unjustly accused. It should be noted that the provisions governing investigations are strictly limited to investigations of allegations against Department personnel and are not to apply to criminal investigations or administrative studies or surveys concerning policy or practices. The hearings section deals with the three different types of administrative hearings: disciplinary hearings, appeals from punishment duty or five-day suspensions, and detective hearings–and sets up uniform practices designed to arrive at just decisions efficiently.

PART I: SPECTRUM OF DISCIPLINE

A. TYPES OF SANCTIONS used by the Boston Police Department include the following:

Sec. 6 Oral Reprimands: Oral reprimands, given by supervisors for minor violations of the Rules and Procedures, such as improper uniform or reporting late for duty, are simply spoken censures or reproofs. While a notation that an oral reprimand was given is entered into the district permanent personnel record, no record of the reprimand goes into the permanent personnel file. The rule contemplates that such reprimands will be given on an informal basis without any form of prior notice.

Sec. 7 Written Reprimands: Written reprimands are issued either for minor offenses committed by employees for whom oral reprimands have proven ineffective, or for other offenses under Rule 102 which are accompanied by ameliorating circumstances. The reprimand is entered into the permanent personnel file. In situations in which an employee has the right to a hearing with respect to a written reprimand, the procedures for such a hearing are described below in part D, ss. 21-27. Section 21 of this rule establishes the guideline for determining which employees have such a right.

Sec. 8 Disciplinary Probation: At the option of the Commissioner, disciplinary probation may be imposed upon an employee for violations of the Rules and Procedures. If just cause is found in any disciplinary action taken against an employee while on such probation, the probation shall be taken into account in determining the severity of the sanction imposed.
Where the employee is a police officer, covered by the Collective Bargaining Agreement, the procedures which are used for written reprimands (ss. 21-27) shall be followed prior to imposition of disciplinary probation unless the employee on probation shall fulfill such conditions as the Commissioner may order, and failure to fulfill such conditions shall render the employee liable for further disciplinary action.

Sec. 9 Punishment Duty: Massachusetts General Laws, C. 31, s. 62 authorize the imposition of punishment duty upon sworn personnel. Such duty is extra, unpaid duty assigned above and beyond an officer’s normal hours by the officer’s commander for violations of the Rules and Procedures. Such duty shall not be demeaning, unduly fatiguing, nor outside of the scope of the officer’s job classification. The procedures used for punishment duty are described below in part F, ss. 36-39.

Sec. 10 Suspensions: Suspensions are periods of time during which an employee is relieved of duty and for which the employee is not paid. Suspensions for a period which does not exceed five days may be imposed without a prior hearing either by the Commissioner or by persons designated this authority by the Commissioner. In addition, if the employee to be suspended is tenured under the Civil Service Law, such a suspension may only be imposed for specific offenses, as outlined below in part E, ss. 28-35. Only the Commissioner may impose a suspension of more than five days, and then only after the procedures designated in part V, ss. 56-63 below, have been followed.

Employees of the Boston Police Department may also be relieved from duty with pay. Such action is not a disciplinary action, but is designed to maintain the efficiency of the force if for some reason an employee is rendered unfit for duty. In such a case, the Commissioner may relieve the employee from duty with pay.

Sec. 11 Discharge or Reduction in Rank: An employee may be discharged or reduced in rank only by the Police Commissioner, and then only after a hearing as described in ss. 56-63 or waiver of such a hearing by the employee.

B. PROGRESSIVE DISCIPLINE

Sec. 12 Persons who utilize this disciplinary rule shall apply the concept of progressive discipline. Progressive discipline means that progressively stricter disciplinary action shall be taken against persons who persist in violations of the Rules and Procedures. Such a program serves a training function, in that, for a first time violation, an employee may be warned or given a relatively light sanction as an indication that the Department does not condone such action. Upon repetition, then, it is assumed that the employee knows that the violation is wrong, and will receive more harsh sanction.

Sec. 13 It is not necessary for the proper implementation of progressive discipline that all stages of discipline be exhausted, nor that progressive discipline start at any one level or proceed with any particular incrementation. Much is left open to the discretion of the person imposing the
discipline, it is simply to be recalled that progressive discipline be used as a guiding precept.

C. DISTRICT PERSONNEL RECORD

Sec. 14 General Considerations: Commanding officers are often called upon to make evaluations of employees assigned to them. Such evaluations are necessary for applying progressive discipline, and are also used in connection with promotion and reassignment.
Accurate evaluation must be based on recorded personnel histories, such as those established by this rule.

Sec. 15 The Record Card: The commanding officer of each unit shall establish a personnel file consisting of a file card for each employee in the command. When an officer is assigned to a command, the commanding officer shall have a new card prepared for that officer. Each card shall have the officer’s name and I.D. number at the top, and shall be kept in an alphabetical
file.

Sec. 16 Maintenance of the Record: Maintaining the unit personnel file is the joint responsibility of the commanding officer and the supervising officer. Whenever an incident which merits entry in the record takes place, the supervisor of the individuals involved shall report the incident to the commanding officer or person designated by him in his absence. The commanding officer or person designated by him shall make an entry in the card, including the date, subject matter, and reporting officer’s name.

Sec. 17 The record file shall be kept in the commanding officer’s office or other secure place, and shall be available only to the Office of the Police Commissioner, the commanding officer, the respective bureau chief, and the Bureau of Professional Standards and Development.

Sec. 18 Subject Matter of the Record: The record shall maintain a notation of all minor offenses, all praiseworthy conduct and all oral reprimands. In addition, the cards shall also contain notations of any disciplinary actions taken or any commendations received from the Department. The notation need not go into specific detail; it shall suffice for the record simply to state that the employee was the subject of a type of incident (e.g., that the employee was reprimanded for a particular incident).

Sec. 19 Periodic Review: The Bureau of Professional Standards and Development shall make periodic random reviews of the District Personnel Records to make certain that accurate up-todate records are maintained.

Sec. 20 Disposal of the Record: The records shall be maintained by the Unit until the reassignment to another unit of an officer, or upon an officer’s retirement or termination, whichever occurs first. At that time, the record card for that officer shall be sent to the Bureau of Professional Standards and Development.

D. WRITTEN REPRIMANDS

Sec. 21 The collective bargaining contract between the Boston Police Patrolmen’s Association and the City of Boston, effective July 1, 1974, provides:
No material which contains an allegation of misconduct against an employee shall be included in his/her personnel file until the charges have been verified by affidavit and a hearing held. If a determination is made that the allegation is without substance, then the allegation shall not be included in the employee’s personnel file.

Therefore, a letter of reprimand may not be placed in the personnel file of a police officer covered by the collective bargaining contract, unless the allegations in the letter are supported by affidavit and the police officer is given a hearing or unless the police officer waives the right to verification and a hearing. The following procedures are established for letters of reprimand.

Sec. 22 The commander of the bureau or unit to which a police officer is assigned, or the Commander of the Internal Affairs Division, or the Commander of the Staff Inspection Division may recommend that the procedures for a letter of reprimand be initiated, and must submit a report to the Police Commissioner detailing the circumstances surrounding the subject of the letter. The report shall include the names of all witnesses and Superior Officers involved, and the dates and times of the incidents. The report must detail the facts of the incident and not rely on conclusory phrases.

Sec. 23 The Commissioner shall have the proposed letter of reprimand prepared, and then the original shall be sent back to the bureau or unit initiating the letter for verification. Such verification shall consist of either an affidavit of the complaint or the signature of the commander so verifying.

Sec. 24 The proposed letter shall then be forwarded to the chief clerk and to the Bureau of Professional Standards and Development. When the police officer has a right to a hearing the Bureau of Professional Standards and Development shall schedule a hearing and the Commissioner shall designate a hearing officer. The police officer who is the subject of the proposed letter shall be notified by the Bureau of Professional Standards and Development of
the time and date of the hearing.

Sec. 25 The hearing shall be conducted pursuant to part V, ss. 59-62 below. No later than five days after the conclusion of the hearing, the hearing officer shall submit a report which briefly summarizes the evidence and recommends whether the letter should be signed by the Commissioner. Also, the hearing officer may recommend changes in the proposed letter.

Sec. 26 A police officer may waive a hearing and consent in writing to having the letter placed in the personnel file.

Sec. 27 If the Commissioner signs the proposed letter, that letter shall be served on the police officer and a copy placed in the personnel file. A copy of the letter shall also be placed in the Internal Affairs Division file.

E. SUSPENSION FOR FIVE DAYS OR LESS

Sec. 28 General Procedures. The Civil Service Laws, M.G.L. c. 31, s. 41 permits the Police Commissioner to delegate the authority to immediately impose suspensions of five days or less without first providing a hearing to a tenured civil service employee. The law requires that within twenty-four hours after such a suspension the subordinate be given a copy of sections 41 to 45 of Chapter 31 of the General Laws and a written notice which states the specific
reasons for the suspension. That notice must inform the subordinates that they may within authority. Such a hearing must be given within five days of the receipt of such a request.
Procedures for such a hearing are detailed below in Part V, Section 65.

Sec. 29 Delegation. The Police Commissioner may delegate any member of the department the authority to impose immediate suspensions of five days or less. That delegation shall be in writing and shall specify the name or position of the member to whom the authority has been delegated and shall specify whether the authority is limited to a particular division or bureau of the Department. The delegation shall be in full force and effect unless and until it is revoked by a subsequent written notice by the Police Commissioner.

PART II: PROCEDURES

Sec. 30 Specific Procedure:

1. When an offense of the type covered by Section 32 of this rule comes to the attention of a person who has been delegated the authority, he or she may immediately impose a suspension without pay of five working days or less. The suspension is effected by orally informing the subordinate of the period of suspension. Where feasible the oral suspension shall be effected in the presence of another superior officer. If the subordinate is a sworn member, the officer shall immediately turn in the police badge and gun.

2. The Civil Service Laws require that the employee who is suspended without a prior hearing shall be given within twenty-four hours of the suspension a copy of the Notice of Suspension (BPD Form #1919). However, the notice should, if possible, be handed to the offender at the time of the imposition. The written notice must be a formal statement of the reasons for the suspension, the number of working days the suspension lasts, and the date the suspension commences. Copies of M.G.L. c. 31, s.s. 41 to 45 shall also be included. The written notice will have five copies, to be routed as follows:

a. original to the disciplined subordinate;
b. one copy retained by the commanding officer;
c. one copy to the Bureau of Professional Standards and Development;
d. one copy to the appropriate departmental bureau (Bureau of Field Services, etc.);
e. one copy to the Personnel Division.

It is important that all copies be routed as quickly as possible so the payroll division can be notified and the employee taken from the payroll for the suspension period. Whenever problems or questions arise in completing the notice, the person suspending should feel free to contact the Office of the Legal Advisor.

Sec. 31 Acceptance of Discipline: It should at all times be kept in mind that the most effective discipline is that which is accepted by the individual. Therefore, where practicable the person delegated the authority to suspend should discuss the infraction and the contemplated discipline with the individual.

A subordinate may waive the right to request a hearing before the appointing authority. In such a case, the subordinate waives that right by signing a statement to that effect on the copies of the Notice of Suspension.

Sec. 32 Offenses Covered by the Five-Day Rule: The following offenses are subject to the Five Day rule, and may be disciplined by imposition of immediate suspension of not more than five days. If an employee commits an offense not on this list, that offense may not form the basis of an immediate suspension.

1. Rule 102 s. 3:

a. Fighting or quarreling with members of the force;
b. Negligent use of a firearm, providing no injury or death resulted from the misuse;
c. Negligent discharge of a firearm, providing no injury or death resulted from the discharge;
d. Participation in unlawful games of chance or gambling.

2. Rule 102, s. 4:

a. Failure to properly patrol beat or section;
b. Failure to properly cover school crossings;
c. Failure to properly care for assigned equipment, damaging or losing same due to carelessness;
d. Willfully damaging police department property;
e. Interference with police radio broadcasting;
f. Improperly turning off police radio;
g. Failure to remove keys from patrol car when left unattended;
h. Failure to report as witness when duly notified or subpoenaed;
i. Failure to notify Operations Division of availability for assignment

3. Rule 102 s. 5: Failure to properly maintain a copy of the rules book.

4. Rule 102 s. 6:

a. Failure to properly supervise subordinates;
b. Failure to prefer disciplinary charges or take appropriate disciplinary action.

5. Rule 102 s. 7: Failure to report their place of residence and telephone number or change in either of them.

6. Rule 102 s. 8: Failure to obey and comply with all rules, orders and other directives of the Department and of superior officers, whether written or oral.

7. Rule 102 s. 9:

a. Failure to be civil and respectful, courteous and considerate toward all members of the Department and the general public;
b. Use of epithets or terms that tend to denigrate a particular race or ethnic group except when necessary in police reports or testimony.

8. Rule 102 s. 10:

a. Failure to report for duty;
b. Unauthorized absence from duty;
c. Failure to be mentally and physically fit to perform duty;
d. Failure to be in proper uniform and properly equipped.

9. Rule 102 s. 11: Failure to be properly groomed.

10. Rule 102 s. 12: Failure to remain awake and alert while on duty.

11. Rule 102 s. 13:

a. Drinking of alcoholic beverages while on duty unless it is necessary to gain evidence and is under the order of a superior officer;
b. Reporting for duty while under the influence of alcoholic beverages to any degree whatever or with an odor of alcohol on one’s breath.

12. Rule 102 s. 14:

a. Consumption of alcoholic beverages while off duty to the extent that it results in obnoxious behavior that would tend to discredit the officer of the Department or would render the officer unfit to report for the next regular tour of duty.
b. Consumption of alcoholic beverages while in uniform or while wearing any part of the uniform.

13. Rule 102 s. 17: Failure to respond to a radio call or to the request of a civilian.

14. Rule 102 s. 18: Engaging in personal business while on duty.

15. Rule 102 s. 20: Failure to give prescribed identification.

16. Rule 102 s. 21: Soliciting from the general public money, gifts, or other things of value for charitable or testimonial purposes, or otherwise using identity as a police officer for such purposes.

17. Rule 102 s. 22: Seeking or accepting food and/or drink from any individual, merchant or business establishment, when it can be construed to involve the position as an employee of the Boston Police Department.

18. Rule 102 s. 23: Submitting false information in an oral or written report or in response to a B.I.S. inquiry.

19. Rule 102 s. 25: Failure to report any serious felonies or less serious crime that comes to the employee’s attention.

20. Rule 102 s. 28: Recommending any employment or procurement of a particular service or product except in the transaction of personal business or when proceeding in accordance with established Departmental procedure.

21. Rule 102 s. 34: Failure to come to the aid of a fellow officer in an emergency if, in the course of carrying out his official duties, that officer is in need of assistance.

22. Rule 102 s. 35: Receipt of excessive moving vehicle violations or excessive unpaid parking violation tickets.

23. Rule 102 s. 37: Intervening in a situation requiring police attention when the officer’s family and/or friend(s) are involved except in the case of an emergency.

24. Rule 102 s. 38: Failure to report the questionable behavior of a fellow officer.

25. Miscellaneous offenses:

a. Reckless driving;
b. Unreported paid details;
c. Failure to maintain proper records, such as the district control log;
d. Misuse of sick time;
e. Overtime abuses.

Sec. 33 Subsequent Offenses: If the employee persists continually in the violation of the rules, then the person delegated the authority to suspend shall recommend the matter for a disciplinary hearing. Furthermore, certain offenses are considered major if repeated within certain periods and are to be immediately recommended for disciplinary hearing. The offenses are:

1. Two offenses within one year:

a. Negligent handling of a firearm;

b. Willfully damaging police equipment;

c. Interfering with police broadcasting;

d. Failure to remain awake while on duty;

e. Seeking and/or accepting food or drink when it can be construed to involve position as Department employee;

f. Untruthfulness in written or oral reports or in response to B.I.S. investigations;

g. Failure report felonies.

2. Two offenses within two years:

a. Negligent discharge of a firearm;
b. Failure to come to the aid of a fellow officer in an emergency.

3. Third offense in one year:
Failure to report as a witness when duly notified or subpoenaed.

Sec. 34 Periodic Review: The Chief of the Bureau of Professional Standards and Development shall periodically review the actions taken by persons delegated authority under this Section and the list of offenses provided for in Sections 32 and 33 in order to determine whether additional offenses should be included or offenses deleted from this rule. In addition, the Chief of the Bureau of Professional Standards and Development shall submit to the Police Commissioner periodic reports detailing the action taken pursuant to this rule.

Sec. 35 A suspension under this Section does not preclude the possibility of further punishment; however, before the Department can take further action, a hearing must be held following the procedures outlined in Part V, ss. 56-63.

F. PUNISHMENT DUTY:

Sec. 36 Punishment duty may be assigned to any officer of the Department by his commanding officer or by the Police Commissioner. Such duty shall be performed under the direction of the officer’s commanding officer.

Sec. 37 Punishment duty must be useful work, whether as an addition to the strength of the force, or as a relief for other employees who have worked hard and faithfully. No suggestion of favoritism shall attach to either the assignment of the duty or to the reliefs created by the duty.
Punishment duty must be assigned so that the employee under punishment shall not suffer undue fatigue or be otherwise unfit for regular or extra work; and except with the employee’s written consent no more than seven consecutive hours of punishment duty shall be performed at any one time, or more than fourteen hours in four consecutive days, or more than twentyone hours in seven consecutive days. Neither shall the employee be compelled, without written consent, to perform such duty within two hours before or after a tour of regular or special duty.

Sec. 38 Whenever any portion of the punishment duty as ordered has been performed, the officer in charge of the punishment assignment shall report to the Bureau of Professional Standards and Development the name of the employee, the number of hours and the character of the work done. When the punishment duty assignment has been completed, the officer in charge shall so certify in such form as the Bureau of Professional Standards and Development shall prescribe.

Sec. 39 Whenever punishment duty is assigned, the employee under punishment shall have the right of appeal from such duty as described below in Part V, Section 65.

PART III: COMPLAINTS

Sec. 40 Complaint Control Form: A Complaint Control Form (B.P.D. Form #1920) shall be used to record all complaints against Department personnel, whether from citizens or members of the Department. Each Complaint Control Form shall have an identifying number so that the processing of complaints can be monitored.

Sec. 41 Manner of Recording Complaints:

a. All complaints shall be received and recorded courteously. No citizen shall be denied an opportunity to register a complaint, nor shall any complainant be directed to another building to register a complaint.

b. Known Complainants: When the information received from the complainant includes the complainant’s name and address, the officer taking the complaint shall inform the complainant that he or she will be contacted by a member of the Department assigned to investigate the complaint. The complainant shall be instructed to telephone the Bureau of Professional Standards and Development if not contacted by the Department within seventy-two hours of making the complaint.

c. Walk-in Complaints: Whenever a person indicates a desire to make a complaint concerning a Department employee, that person shall be directed to the nearest available superior officer. If necessary the complainant shall be assisted in making contact with a superior officer. The officer recording the complaint shall complete a Complaint Control Form, after obtaining as much information as possible from the complainant.

d. Letter Complaints: Letters alleging misconduct by a Department employee shall be forwarded to the Bureau of Professional Standards and Development. An officer assigned to the Bureau of Professional Standards and Development shall complete a Complaint Control Form. Copies shall be distributed as indicated in section 44 of this rule, save that the complainant’s copy shall be mailed to the complainant if the name and address and known.

e. Telephone Complaints: Complainants contacting the Department by telephone shall be transferred to a superior officer if immediately available who will obtain as much information as possible from the complainant and complete a Complaint Control Form.
In no case shall a telephone complaint be refused because a superior officer is unavailable, or because the complainant is not identified. All copies of the Complaint Control Form shall be forwarded to the Bureau of Professional Standards and Development, which shall distribute copies as indicated in Section 44 of this rule, save that the complainant’s copy shall be mailed to the complainant if the name and address are known.

f. Departmental Complaints: Whenever a member of the Department desires to initiate a complaint against another member–including complaints by superior officers against subordinates and subordinates against superior officers–that member shall complete a Complaint Control Form. The Complaint Control Form shall be used whenever a supervisor or superior officer seeks to initiate formal charges against department personnel.

g. Governmental Agencies: When information is received from governmental agencies alleging specific acts of misconduct by a Department employee, the information shall be forwarded to the Bureau of Professional Standards and Development. An officer assigned to the Bureau of Professional Standards and Development shall complete a Complaint Control Form and distribute copies as indicated in Section 44 of this rule, save
that the complainant’s copy shall be retained by the Bureau of Professional Standards and Development.

h. Policy Complaints: Complaints concerning Departmental Policy, performance, or practice and not alleging misconduct by specific employees, known or unknown, shall be recorded on a complaint form. One copy will be retained at the unit and the other three routed to the Bureau of Professional Standards and Development for appropriate distribution.

i. The completed form should contain a detailed description of the alleged act(s) of misconduct, including date, time and place; names or descriptions of Department employees involved in the incident; the names and addresses of witnesses, if known; and any other relevant information.

Sec. 42 Signing of the Complaint Control Form: If the complaint is made in person, when the officer has completed the complaint form the complainant shall read it and make any necessary corrections. The officer shall request the complainant to sign the complaint. If the complainant
refuses to sign, a notation to that effect shall be made on the form. In all other respects unsigned complaints shall be processed in the same manner as signed complaints.

Sec. 43 Immediate Resolution of Complaints: Complaints resolved at the time of the complaint to the complainant’s satisfaction shall be recorded on a Complaint Control Form with a notation that the complaint was resolved. Where possible, the complainant should acknowledge the resolution in writing, and such acknowledgment should be attached on the Complaint Control Form.

Sec. 44 Routing the Complaint Form: If the employee complained of is attached to the unit which receives the complaint, copies of the Complaint Control Form shall be distributed immediately as follows:

a. One copy to the complainant;
b. One copy to the commanding officer of the unit;
c. One copy to the superior officer investigating the complaint;
d. One copy to the Bureau of Professional Standards and Development.

If the employee complained of is not assigned to the unit which receives the complaint, copies of the Complaint Control form shall be distributed immediately as follows:

a. One copy to the complainant;
b. Three copies to the Bureau of Professional Standards and Development.
The Bureau of Professional Standards and Development shall retain one copy and may distribute, upon the discretion of the Chief of the O.I.I., the remaining copies as follows:
c. One copy to the commanding officer of the unit to which the employee complained of is attached;
d. One copy to the superior officer investigating the complaint.

Sec. 45 Notification of Internal Affairs Division: The Internal Affairs Division shall be notified immediately upon receipt of a complaint alleging:

a. Brutality, death or serious injury caused by a Department employee;
b. Firearm discharge resulting in personal injury or property damage caused by a Department employee;
c. The commission of a felony by a Department employee;
d. Possible corruption or bribery of a Department employee;
e. When in the judgment of the superior officer receiving the complaint an immediate investigation by the Internal Affairs Division is justified;
f. If the employee against whom the complaint is rendered so requests.

This immediate notification will be in addition to and separate from the regular distribution outlined in Section 44.

Sec. 46 Monitoring of Complaint Control Forms:

a. The Bureau of Professional Standards and Development shall maintain a log of all Complaint Control forms issued to all districts and units. The log shall record the date each form was issued and the district or unit to which the form was issued. The log shall also record the date the form was used and the name and rank of the officer who completed the form.
b. The Bureau of Professional Standards and Development shall maintain a file of all cases investigated.
c. Access to the complaint file shall be authorized in writing by the Police Commissioner, the Superintendent of the Bureau of Professional Standards and Development or the Commanding Officer of the Special Investigations Unit.

Sec. 47 An employee against whom a complaint has been made shall not attempt, directly or indirectly, by threat, appeal, persuasion or the payment of promise of money or other things of value, to secure the withdrawal or abandonment of the complaint. Such actions shall be dealt with very strictly by the Department.

PART IV: INVESTIGATIONS

Sec. 48 Confidentiality of Disciplinary Process: Prior to the completion of the investigation of a complaint, information concerning such an investigation shall not be released unless authorized by the Commissioner.
However, the fact that a complaint was received and a departmental investigation is under way may be disclosed unless the Chief of the Bureau of Professional Standards and Development determines that for security reasons it should remain confidential.

Sec. 49 Initiating Investigation: Where practicable in investigations initiated by complaints, the complaints shall be verified before the investigation commences; however, the absence of verification shall not impede the registration and investigation of a complaint.
If the complaint is received at the unit to which the complainee is assigned, the commanding officer of the unit shall determine whether the matter can be appropriately dealt with at the unit level. In such cases commanding officers shall appoint an investigating officer, although the Bureau of Professional Standards and Development may intervene at any time and assume control of any investigation.

If the commanding officer determines that the complaint is not appropriate for investigation at the unit level, it shall be referred to the Bureau of Professional Standards and Development for investigation. In such cases, the chief of the Bureau of Professional Standards and Development
shall appoint an investigating officer, or return the complaint to the commanding officer of the person who is the subject of the complaint for investigation at the unit level.
If the complaint is received at a unit to which the complainee is not assigned then the Bureau of Professional Standards and Development shall initiate the complaint at either the unit level or through the Bureau. The Bureau of Professional Standards and Development may also initiate investigations into such matters as it sees fit, whether or not a complaint has been received.

Sec. 50 Investigative Techniques: The investigating officer may use any lawful investigative techniques, including, but not limited to, inspecting public records, questioning of witnesses, interrogation of the member complained of, questioning of fellow employees and surveillance.

Sec. 51 Interrogation of Members of the Department: The following provisions shall apply whenever, as part of an investigation of alleged violations of the Rules and Procedures, a member of the department is ordered to submit a report or to an interrogation.

a. An interrogation of a member of the department shall be at a reasonable hour, preferably when the member of the department is on duty, unless the exigencies of the investigation dictate otherwise. No member shall suffer loss of pay for the time spent under interrogation.

b. The interrogation shall take place at a location designated by the investigating officer.
Usually it will be at the command to which the investigating officer is assigned or at the district station within which the incident allegedly occurred.

c. The member of the department shall be informed of the rank, name and command of the interrogating officer and all persons present during the interrogation. If a member of the department is directed to leave his/her post and report for interrogation to another command, the commanding officer shall be promptly notified of the member’s whereabouts.

d. Whenever a member of the department is ordered to submit a report or to an interrogation pursuant to this Rule, the member may be informed of the nature of the investigation, including the name of the complainant. The address of the complainants and/or witnesses need not be disclosed; however, sufficient information to reasonably apprise the member of the allegations should be provided. If the complaint is filed in writing, a copy may be furnished to said member(s). If it is known that the member of the department being interrogated is a witness only, he should be informed at the initial contact.

e. Questioning during an interrogation shall not be overly long. Reasonable respites shall be allowed. Time shall also be provided for personal necessities, meals, telephone calls and rest periods as are reasonably necessary.

f. The member of the department shall not be subjected to any offensive language, nor be threatened with transfer, dismissal or other disciplinary punishment.

g. Whenever a member is ordered, pursuant to these rules, to submit a report or to interrogation, that member shall be advised that any such report or interrogation cannot be used by the Department as evidence in criminal proceedings against that member. When a member of the department is complained against and is directed by a superior officer to submit a report or to an interrogation relative to such complaint, that member is required to reply.

h. In any case, the refusal by a member of the force to answer pertinent questions may result in disciplinary action.

i. The law imposes no obligation, legal or otherwise on the department to provide an opportunity for a member of the department to consult with counsel or anyone else when questioned by a superior officer about his or her employment or matters relevant to his or her continuing fitness for police service. Nevertheless, the department shall afford an opportunity for a member of the department, if so requested, to consult with counsel before being questioned concerning a serious violation of the rules and regulations, provided the interrogation is not unduly delayed. However, in such cases the interrogation may not be postponed for purpose of counsel past 10 a.m. of the day following the notification of interrogation. Counsel, if available and a representative of a certified employee organization may be present during the interrogation of a member of the department. Requests for an opportunity to consult with counsel in connection with minor violations will be denied unless sufficient reasons are advanced.

j. In the event that an employee claims that there have been violations of any provisions of this Section, such employee, either alone or together with the employee organization representative, may file a signed, written complaint with the Police Commissioner against the person committing the alleged violation. The Police Commissioner shall cause such complaint to be investigated and render a decision with respect to any such
complaint. The decision shall be in writing and shall state with particularity the consideration and reasons in support thereof including a statement of the facts found. A copy of the decision shall be given forthwith to both the person who is the subject of the complaint and the employee organization representative.
The Police Commissioner in his discretion may endeavor to eliminate any unlawful act or practice which constitutes a violation of this Section by informal methods or conference, conciliation and persuasion.

Sec. 52 Investigation Report: As soon as practical, though not the expense of a thorough investigation, the investigating officer shall bring the investigation to a close and prepare an investigation report. The report shall summarize all evidence gathered during the investigation and shall contain the investigating officer’s recommendation that the complaint be found:

a. sustained (investigation disclosed sufficient evidence to support allegations in the complaint);
b. not sustained (investigation failed to prove or disprove the allegations);
c. exonerated (the action complained of did occur, but investigation revealed that action was proper, legal and reasonable); or
d. unfounded (investigation revealed that conduct did not occur).

In addition, if the investigating officer has discovered misconduct not based on complaint, he shall so state in his report.

The report shall then be forwarded to the commanding officer if a unit-level investigation, or to the chief of the Bureau of Professional Standards and Development. The commanding officer or the chief of the Bureau of Professional Standards and Development shall then make recommendations for disciplinary action or shall impose an immediate suspension for five days or less if the complaint has been sustained. If a unit-level investigation, a copy of the report along with the commanding officer’s disciplinary action will be sent to the Bureau of Professional Standards and Development for confirmation.

If the investigation was inaugurated by a complaint from outside the department, upon completion of the investigation a letter shall be sent to the complainant informing him or her of the results of the investigation.

PART V: HEARINGS

A. FORUMS
Sec. 53 The Police Commissioner is the appointing authority pursuant to the provision of M.G.L. c. 31, s. 41 and as such may hear cases relating to discharge, removal, transfer to another agency, suspension, lowering in rank or compensation, abolition of office or punishment duty.
In addition, he may appoint either a hearing officer or a trial board to hear such cases.

Sec. 54 Trial Boards: Pursuant to the Acts of 1962, Chapter 322, the Police Commissioner may from time to time convene a Trial Board to be composed of three captains, to inquire into such matters as the Commissioner directs. No member of a Trial Board may sit on any matters involving the member’s district, or with which the member has direct personal contact. In such cases the member must be disqualified, and the Commissioner shall appoint another captain to the Board.

Pursuant to the Acts of 1950, Chapter 735, a Trial Board must be convened at the request of any person who has been reassigned from duties as a detective after his probationary period.
For rules governing such hearings, see Section 65, “Detective Hearings” below.

Sec. 55 Hearing Officer: The Police Commissioner may, pursuant to M.G.L. c. 31, s. 41, appoint a hearing officer to hear any cases concerning proposed discharge, removal from office, transfer to another agency, suspension, lowering in rank or compensation, abolition of office, or imposition of punishment duty. In such a case, the Commissioner shall send to the Bureau of Professional Standards and Development and the Chief Clerk a designation in writing containing the name of the hearing officer and the employee who is the subject of such action. The Hearing Officer shall follow the general rules of procedure outlined below.

B. PROCEDURE
Sec. 56 Notice: Before any action affecting employment or compensation of a tenured employee as delineated in M.G.L. c. 31 s. 41, is taken, the officer or employee involved shall be given a written statement of the specific reason or reasons for the contemplated action, together with a copy of M.G.L. c. 31, ss. 41-45. The employee then may consent in writing to the imposition of discipline and waive the right to a hearing on the specific reason or reasons
given. If no such waiver or consent is executed, the Police Commissioner shall determine whether the hearing is to be before the Commissioner, Hearing Officer, or Trial Board, and shall notify the Bureau of Professional Standards and Development in writing of the hearing, the forum, the employee and the proposed action.

The Bureau of Professional Standards and Development shall then set a time and date for the hearing, and shall cause notice to be served upon the employee as to time, date and forum. The notice of the hearing must be served at least three days before the hearing except in cases involving abolition of position, in which case the notice must be served at least seven days before the hearing.

Sec. 57 Postponement: Postponement of a hearing to another date may be allowed by the Commissioner, Trial Board or Hearing Officer for an adequate reason presented either by the complainant or the defendant. However, the request for such postponement must be received before the day set for the hearing. In case of such postponement, both parties shall be notified of the new hearing date at least three days in advance of the hearing. A request for a postponement for medical reasons requires a doctor’s statement from a department appointed physician.

Sec. 58 Attorneys: Both the complainant and the defendant may have attorneys present to represent them at a hearing. In addition, the defendant may be accompanied by an employee organization representative.

Sec. 59 Evidence: The hearing shall be informal and administrative. The purpose of a hearing is to determine the facts and situations surrounding a case, and members of a hearing forum, especially when counsel is not present, shall protect the rights of all parties involved whenever through the lack of ability, inexperience, or oversight, either side’s case may seem to be improperly prejudiced. The rules of evidence observed by law need not be applied. Evidence which reasonable persons are accustomed to rely on in the conduct of their affairs may be considered. Unduly repetitious evidence may be excluded, and documentary evidence may be admitted in the form of copies or excerpts or by incorporation by reference. All evidence, written, oral and real, offered by the parties which is relevant to the statement of reasons shall be considered.

Sec. 60 Witnesses: Both parties may bring witnesses before the hearing. The complainant and the defendant shall be responsible for the attendance of their respective witnesses, but the Bureau of Professional Standards and Development may be requested to give reasonable assistance in securing such attendance. Witnesses, before testifying, shall be sworn or shall make an affirmation. Examination of each witness shall be made separately and apart from other witnesses, and each side shall have the opportunity to cross-examine all witnesses.

Sec. 61 The Record: The Bureau of Professional Standards and Development shall designate an employee prior to the date of the hearing to serve as clerk during the hearing. The clerk shall make a record of all testimony before the hearing and shall be responsible for marking and preserving all other evidence for the sole use of the hearing body and the Commissioner.

Sec. 62 Other Procedural Rules: The hearing forum may establish further reasonable rules to expedite the hearing. In addition, several hearings may, if appropriate and at the discretion of the Commissioner, be consolidated into one general hearing.

Sec. 63 Finding: Upon completion of the hearing, the hearing forum shall forthwith submit a written report to the Police Commissioner, with a copy to the Bureau of Professional Standards and Development. That report shall summarize the evidence introduced by the parties, make specific findings of fact, and make recommendations as to the disposition of the charges including recommendations as to the appropriate discipline if any.
The Police Commissioner shall immediately review the report of the hearing forum. He may return it for elaboration, further explanation or further hearings and findings of fact if necessary and practicable within the time limits required by law. Recommendations made by the hearing forum will not be binding on the Police Commissioner. Within seven days after the filing of the report of the hearing officer, the Police Commissioner shall give to the employee a written notice of his decision stating fully and specifically the reasons therefor.

Sec. 64 Detective Hearings:

a. Whenever a detective is reassigned to the regular police staff, that detective shall have the right to appeal the reassignment, pursuant to the Acts of 1950, Chapter 735. A detective who wishes to appeal must submit a notice in writing to the Police Commissioner requesting such an appeal within thirty days of the effective date of the order or reassignment.

b. When such a notice is received, the Police Commissioner shall designate three captains to sit as members of the Trial Board after the expiration of the thirty day period following the effective date of the order or reassignment. One of the captains shall be designated as chairman and another as clerk, and an order designating the members of the Board and their duties served shall be transmitted to the Chief Clerk and to the Bureau of Professional Standards and Development.

c. Upon receipt of the designation, the Bureau of Professional Standards and Development shall schedule the hearing and notify all interested parties of the place, date and time for the commencement of the hearing. Such notice must be received by the parties at least three days prior to the date set for the hearing.

d. In cases where more than one member has appealed a reassignment, the appeals may be consolidated and heard by one Trial Board.

e. The Trial Board sitting on a detective hearing shall apply the same rules governing evidence and witnesses as provided above (Sections 59 and 60), and in addition, shall also have the power to make such rules as it deems necessary to expedite the hearing.

f. Where the assignment was the result of a complaint of misconduct or due to reasons which might impose a stigma, such as allegations of illegal conduct, the member shall be given, at the time the notice of hearing is served, a statement of charges which fairly summarizes those allegations. In addition, if the name of the complainant is known, the member shall be informed of that name. In such case, the reassignment shall be affirmed if the board finds that there is substantial evidence that the allegations are true and are sufficiently serious to reflect upon the ability of the member to perform the duties of a detective.

g. Where the reassignment was not due to such aforesaid reason, but was an attempt to increase efficiency or economy of the Department by means of a reorganization or reallocation of manpower, or because of a member’s lack of investigative ability, the reassignment shall be affirmed if the board finds there is substantial evidence that the reassignment is a good faith attempt to promote the efficiency or economy of the Department.

h. No later than ten days after the conclusion of the hearing the board shall file its notice of decision with the Chief Clerk and the Bureau of Professional Standards and Development. If the hearing results in a change in status of the employee, the Personnel Division shall be notified by the Bureau of Professional Standards and Development The decision shall be supported by a memorandum which shall specify reasons in support of
its decision. The decision of the board as to the reassignment is final, and no provisions of Chapter 31 of the Massachusetts General Laws shall be applicable to any such hearing or determination made thereunder.

i. The Bureau of Professional Standards and Development shall notify the parties of the result. The decision and the reasons thereof shall remain on file with the Chief Clerk and the parties may, upon reasonable notice, inspect and copy that decision.

Sec. 65 Review From Imposition of Immediate Suspension or Punishment Duty: When an employee is suspended for five days or less or is assigned punishment duty by a commanding officer, that employee receives a written notice concerning the action within twenty-four hours. The employee may then, if so wished and within forty-eight hours of the receipt of the notice, request a hearing to determine whether there is just cause for such an action. If such a request is made, then a hearing must be held within five days of the receipt of the request by the Police Commissioner. The hearing shall be conducted using the rules procedures outlined above (Sections 56 through 62).

Within two days after the conclusion of the hearing, the Police Commissioner shall give the employee concerned a written notice of the decision. Where just cause has not been found, the discipline shall be deemed not to have been imposed and the employee shall be compensated for lost time or extra hours worked. If it is decided that just cause did exist and the employee refuses to accept such a finding, the employee shall have the right of appeal pursuant to the Massachusetts General Laws.

NOTES: Rule No. 109 was amended September 14, 1979, at which time the Bureau of Inspectional Services assumed control of procedures which the Bureau of Professional Standards and Development had previously administered.

In February, 1983, The Bureau of Professional Standards and Development was given those duties which they had originally administered.

In addition, Section No. 22 was rewritten so that the Commander of the Staff Inspection Division was given the authority to initiate procedures for a letter of reprimand to be issued.
In April, 1983, violations of Rule No. 102, sections 7 and 11, were added to Section 32 of this rule as offenses covered by the five-day suspension rule. This resulted in a renumbering of section 32.

Notes: Amended by SO 07-016, issued April 2, 2007, update the organization names to reflect the new BPD organizational structures. Sections 17, 19, 20, 24, 30, 34, 38, 41 (b,d,e,g,h), 44 (b,c,d), 46 (a,b,c), 48, 49, 52, 55, 56, 60, 61, 63, 64 (b,c,h,i).

Rule 109A - Mediation Program

January 6, 2016

Sec. 1. MEDIATION PROGRAM OVERVIEW

Mediation is a voluntary and confidential process guided by a trained, qualified, and independent Mediator. Mediation is an alternative to the standard complaint intake and internal investigation process which may lead to discipline. Mediation provides an opportunity for police officers and community members to meet and give their perspectives on the circumstances that led to the complaint, in a respectful and fair manner. Additionally, it allows the parties to improve communication and understanding between the parties while crafting mutual agreements and resolving conflict. Mediation reinforces the Community Policing philosophy of the Boston Police Department by encouraging communication and understanding between police and the public.

Sec. 2. CASES SELECTED FOR MEDIATION

Sec. 2.1. Mediation Recommendation. Recommendations for possible Mediation will be on a case by case basis, following a review of a complaint by the Internal Affairs Unit and a recommendation for Mediation by the Chief, Bureau of Professional Standards, to the Police Commissioner. Final authorization to select a case for Mediation will be granted by the Police Commissioner, or his designee, based on the totality of the circumstances.

Sec. 2.2. Mediation Recommendation Factors.

Factors considered in determining the suitability of a case for Mediation include, but are not limited to, nature of the complaint, voluntary agreement by both parties, likelihood of a successful Mediation, whether a Mediation in a particular case is likely to improve police-community relations, the possibility, or existence, of criminal charges, whether the allegation against the officer is related to corruption or criminal activity, whether there is a civil lawsuit related to the incident, if an arrest was made, if use of force tactics were used, if injuries were sustained by any party, existence of property damage, the complaint and disciplinary history of the involved officer, whether the complainant alleged racial, ethnic, or gender discrimination or slurs, and any history of prior Mediations by the officer or complainant.

Sec. 3. MEDIATION PROTOCOLS

Sec. 3.1. Mediators. Cases approved for Mediation will be referred to a qualified Mediation program by the Chief, Bureau of Professional Standards. Selected Mediators will be independent of the Department, and will not be employees of the Department or the City of Boston. Mediation sessions will not be conducted in a Department office or facility, unless all parties agree. Voluntary participants in a Mediation session will be required to sign an agreement to voluntarily consent to mediate, a confidentiality agreement, and any documents related to Mediation that are considered standard or accepted practice in Mediation.

Sec. 3.2. Time to Request Mediation: The involved Department employee will be notified by their commanding officer, and by Department email, that they have fourteen (14) calendar days to notify the Mediator of their decision to mediate. All necessary contact information for the Mediator will be included in the Department email. The complainant will be notified by the Bureau of Professional Standards that they have fourteen (14) calendar days to notify the Mediator of their decision to mediate, and will be provided with the necessary Mediator contact information. Should the Department employee and / or the complainant choose not to opt for Mediation, a standard Internal Affairs investigation will be conducted in the usual manner.

Sec. 3.3. Mediator Responsibilities: Once the parties have opted for Mediation, cases will proceed under the direction of the Mediator, and the Mediator will be responsible for contacting the participants, scheduling the Mediation session, determining a location for the Mediation session, and conducting the Mediation session, without participation from the Bureau of Professional Standards, or the Department. Mediation sessions will not be conducted on an overtime pay basis by Department employees.

Sec. 3.4. Parties Present for Mediation: Only the complainant, the involved officer, and the Mediator(s) shall participate in the Mediation.

Sec. 3.5. Report of Mediation Results: At the conclusion of a Mediation session, the Mediator will report in writing to the Chief, Bureau of Professional Standards, the date of the Mediation session, and whether the Mediation session was successfully completed or whether the Mediator determined that the Mediation session was unsuccessful.

Sec. 3.5.1. Successful Mediation: A successful Mediation will result in an entry into the Internal Affairs record that the case was successfully mediated, the investigation will be deemed closed, and no Internal Affairs investigation will be conducted, nor will discipline result in the case. No information or documentation regarding discussions held during the Mediation session by the participants will be entered in the Internal Affairs record of the Department employee if the Mediation is reported successful by the Mediator to the Chief, Bureau of Professional Standards.

Sec. 3.5.2. Unsuccessful Mediation: An unsuccessful Mediation reported by the Mediator to the Chief, Bureau of Professional Standards, will result in a standard Internal Affairs investigation being conducted in the usual manner.

Sec. 4. CONFLICTS OF INTEREST: Mediators will not conduct a Mediation session if there is a possibility of a conflict of interest between the Mediator and any of the involved participants.

Sec. 5. MEDIATOR TRAINING: Mediators will have the required training as outlined in Massachusetts General Laws c. 233 §23C, or as required by the Judiciary.

Sec. 6. EMPLOYEE ATTIRE DURING MEDIATION: Employees will be required to participate in Mediation sessions in business or business casual attire, and will not attend a Mediation session wearing a uniform, or any part of a uniform. Officers will not attend a Mediation session while wearing any equipment issued by the Department that is visible. Officers will not attend a Mediation session while wearing any insignia, badge, patch, or pin that is visible and that is indicative of policing or the Department.

Sec. 7. WITHDRAWAL FROM MEDIATION PROCESS: The Mediation process is voluntary for both parties. Participants can withdraw from the process at any point. If any participant withdraws from the process prior to a successfully completed Mediation session as determined by the Mediator, the Mediator will notify the Chief, Bureau of Professional Standards in writing that the Mediation session was not successfully completed due to a withdrawal from the process by one or more of the participants. A standard Internal Affairs investigation will then proceed upon notification of an unsuccessful Mediation by the Mediator.

Sec. 8. MEDIATION RECORDS: No notes, or other documentation reflecting the issues discussed during the Mediation session by the participants will be maintained by the Department, unless required by Federal or Massachusetts law, as part of a criminal investigation, or pursuant to mandatory reporting under Federal or Massachusetts law.

Sec. 9. CONFIDENTIALITY: Pursuant to Massachusetts General Laws c. 233, § 23C, all memoranda, and other work product prepared by a Mediator and the Mediator’s case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any Mediation to which such materials apply. Any communication made in the course of and relating to the subject matter of any Mediation and which is made in the presence of such Mediator by any participant, Mediator or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding. Communication and discussion related to the subject matter during Mediation will not be shared or made available to the Department by the Mediator, unless required by Federal or Massachusetts law, as part of a criminal investigation, or by mandatory reporting under Federal or Massachusetts law.

William B. Evans
Police Commissioner

Rule 110 - Absence From Duty

December 31, 2012

This rule is issued to establish department policy concerning the absences of employees from duty. It is effective immediately, replacing Rules No. 36 & 38 of the 1950 Manual and superseding all previously issued orders and directives on this subject.

GENERAL RULE: No employee of this department shall be absent from duty except in accordance with this rule or contractual obligations without the consent of the Police Commissioner.

Sec. 1 VACATION AND SICK LEAVE FOR SWORN PERSONNEL: Chapter 146, Acts of 1947, as amended, govern annual vacations and sick leave allowances for police officers of the City of Boston.

VACATION AND SICK LEAVE FOR CIVILIAN AND MANAGEMENT PERSONNEL: The eligibility of these employees for vacation and sick leave benefits shall be determined by the current City of Boston compensation plan or by the current contract negotiated between the City of Boston and the employee’s union.

Sec 2. ANNUAL VACATION AND SICK LEAVE ALLOWANCES: Shall be taken in accordance with the terms of this rule and Special Orders issued by the Police Commissioner.
The Police Commissioner shall arrange assignment of vacation periods for time or times as best serve the public interest. Vacation allowances may not be accumulated from one year to another without the authorization of the Police Commissioner. It shall be the policy of the Boston Police Department that sworn employees who have exhausted their allocated sick time shall have further absences charged to their vacation allowance, and shall be carried as a “vacation sick” on the district or unit time book. Civilian employees must follow the City of Boston Attendance Policy. An employee who, in this manner, exhausts all sick and vacation time must petition the Police Commissioner in writing for further leaves of absence. Service in any employ of the Commonwealth, the County of Suffolk or the City of Boston shall be included in computing the employee’s length of service for vacation purposes.
Sworn personnel on sick leave who have accumulated summer vacation leave at the end of the summer vacation period or who have any vacation leave at the end of the calendar year shall be carried on vacation instead of sick-leave for the appropriate amount of time in order to exhaust these vacation credits prior to the end of the summer vacation period and the calendar year respectively.

Sec 3. COMPENSATION IN LIEU OF VACATION: Whenever the employment of an employee is terminated during a year by dismissal through no fault or delinquency on his part or by retirement or death without his having been granted the vacation to which he is entitled under this rule, he, or in the case of his death, his beneficiary, shall be paid at the regular rate of compensation payable to him at the termination of this employment, an amount in lieu of such vacation; provided that no monetary or other allowance has already been made. The word “beneficiary” as used in this section means the surviving beneficiary or beneficiaries, if any, lawfully designated by the employee under the retirement system of which he is a member or, if there be no such designated beneficiary, the estate of the deceased. Any employee reinstated or on leave of absence without pay may be credited with his vacation status and/or sick leave status at the termination his previous service and allowed such portion of this vacation, under Section One, as his actual service bears to full time for the same vacation year except that employees in military service shall be allowed full vacation credit.

Sec 4. LEAVES OF ABSENCE: Only the Police Commissioner may grant a leave of absence, with or without pay. A request for a leave of absence must be made in writing, on the prescribed department form, stating fully the reasons for the request and be submitted to the Commissioner, through Human Resources.
An employee who has exhausted all sick and vacation credits in a calendar year must petition the Police Commissioner in writing, for a leave of absence without pay for any subsequent absences during the year.
An employee who fails to petition the Commissioner within seven days after the beginning of such absence will be carried as absent without leave.

Sec. 5 SICK LEAVE: Employees of this department, after completing six months of continuous service, shall be allowed sick leave with pay for periods not to exceed fifteen working days for each year of service thereafter. Civilian employees shall accrue sick leave at the rate of 1 or 1 ¼ days for each month of actual service. Sick leave not used in any year may be accumulated.
Further sick leave may be granted, in special cases, by the signed authorization of the Police Commissioner. Sick leave with pay shall be granted to employees only when they are incapacitated for the performances of their duties by sickness, injury, and exposure to contagious diseases or by serious illness of a member of their immediate family. Notification of such absence shall be given as early as possible on the first day of absence. (Police Officers refer to Section #6 of this rule; civilian employees refer to Section # 7 of this rule.)
If such notification is not given such absence may, at the discretion of the Police Commissioner, be applied to vacation leave or leave without pay or the employee may be designated as absent without leave.

A Police Officer absent for a period of five days or more or absent more than ten working days in a calendar year may be required by the Police Commissioner to submit a physicians certificate as evidence that such absence was necessary.

A civilian employee may be required by the Police Commissioner to submit a physician’s certificate for the necessity of absence from work in accordance with the provisions of the current contract negotiated between the City of Boston and the employee’s union.

If any employee fails to file such a certificate within seven days after a request thereof, the Police Commissioner may, at his discretion, have such absence applied to vacation leave of absence without pay or he may designate the employee as being absent without leave.

Sec. 6 OFFICERS UNABLE TO REPORT FOR DUTY: A sworn officer who is unable to report for duty as scheduled shall report that fact by telephone to the Operations Division, on the designated line, as soon as possible and preferably at least two hours prior to the scheduled time to report; stating his name rank, I.D. number, District or Unit of assignment, and the tour of duty he is scheduled to work. The officer must also report whether the scheduled tour of duty is immediately before or after a day off.

Operations Division personnel shall record the information concerning officers reporting that they are sick on Department Form # 1938 and forward copies of all such forms to Staff Inspection and the Human Resources Division.

Immediately upon receipt of a reported absence the Operations Division shall notify the District or Unit to which the reporting officer is assigned; transmitting the information which the officer is required to supply (set out in the first paragraph of this Section). All information concerning an officer’s failure to report for duty shall be entered in the District/ Unit Administrative Log and his absence recorded in the District/Unit detail book where he is assigned.

Sec. 6A OFFICERS RETURNING TO WORK OR DUTY AFTER ILLNESS: An officer returning from sick leave shall notify his assigned Command before the beginning of his next scheduled tour of duty, and if possible, at least two hours prior thereto. The Duty Supervisor shall then notify the Operations Division.

Sec. 7 CIVILIAN EMPLOYEES UNABLE TO REPORT FOR WORK: A civilian employee who is unable to report for work as scheduled shall notify his immediate supervisor as required by the current collective bargaining agreement. The employees supervisor shall obtain such information as is applicable (set out in Section # 6 of this Rule), enter the absence in the District/Unit Detail Book as a Department record and shall notify the Staff Inspection Division of the absence.

Sec. 8 PROLONGED ABSENCES: Police Officers absent for more than ten (10) consecutive days on account of illness or injury, not incurred in the performance of police duty, shall not be restored to duty until a certificate from an attending physician has been presented to the Personnel Division certifying that the officer is physically fit to resume police duty. Commanding Officers may require certification by the Department physician before returning an officer to active duty status. Commanding Officers may return an officer to duty that has submitted a certificate of fitness signed by an attending physician. The Commanding Officer shall notify the Personnel Division of his action and forward a copy of the certification by the attending physician.

Sec. 9 PROLONGED ABSENCES BY CIVILIANS: A civilian employee, absent for 10 or more days because of non-work related sickness or injury, shall not be returned to work until a certificate from the attending physician has been presented to the Personnel Division or the employee has been examined and certified by a physician designated by this Department as being fit resume work.

A civilian employee who wishes to resume work and has a certificate of fitness signed by the attending physician, may submit such certificate to his supervisor or Commanding Officer. The Supervisor, or Commanding Officer may return the civilian employee to work pending examination by the Department Physician.

Sec. 10 EMPLOYEE ABSENCES RECORD: A record of the attendance of all personnel during the preceding day shall be submitted to the Payroll Unit by 10:00 a.m. of the following day, on the prescribed department form (Time and Absence Certificate). The record of attendance for Saturdays and Sundays shall be forwarded no later than 10:00 a.m. the following Monday.
Time and Absence Certificates shall indicate the reasons for any absences and shall be signed by the Commanding Officer under the pains and penalties of perjury.

Sec. 11 MEDICALLY INCAPACITATED SECTION: After 30 calendar days of absence because of sickness, injury or disability, an employee shall be reassigned to the Medically Incapacitated Section.

An officer so assigned must obtain a certificate to return to duty from their attending physician and shall not be returned to duty until a physician designated by the Police Commissioner has examined the officer and certified that he is capable of performing assigned duties in whole or in part.

Civilian employees shall be returned to work from the Medically Incapacitated Section in accordance with the provisions of Section #9 of this Rule.

Sec. 12 OFFICERS BECOMING SICK WHILE ON DUTY: An officer becoming sick while on duty shall immediately report to his Duty Supervisor.
The Commanding Officer or Duty Supervisor shall have the officer transported to the Boston City Hospital for examination by a physician or surgeon.

In all cases of hospital referral, no officer shall be released from duty until he/she is so examined or unless his/her tour of duty has ended. No overtime will be authorized or approved in order that such an examination may be completed.
The officer’s assigned district/unit will arrange transportation to the City Hospital in a department vehicle. Upon completion of the examination, the officer shall call his district/unit and request transportation back to his/her district/unit and request transportation back to his district/unit.

Sec. 13 CIVILIAN EMPLOYEE BECOMING SICK WHILE WORKING: A civilian employee becoming sick during a tour of work shall immediately notify his immediate superior or supervisor.
If a Commanding Officer or supervisor is in doubt as to the nature or duration of the sickness, injury or disability claimed by an employee, or any other reason, he may have the employee examined by a physician designated by the Police Commissioner.

Sec. 14 NOTIFICATION TO THE OPERATIONS DIVISION: The Duty Supervisor of a district or unit shall be responsible for notifying the Operations Division when an employee has reported becoming sick or is injured during a tour of duty. The supervisor shall also make the proper notation on the Administrative Log (Form 1.3.3), and in the District Detail Book.

Sec. 15 CIVILIAN EMPLOYEES BECOMING INJURED WHILE WORKING: A civilian becoming injured while working shall immediately notify his supervisor or Commanding Officer of such injury and, as soon as is practicable, shall submit a written report stating all of the facts of the incident. The supervisor or Commanding Officer receiving such a report shall complete a Massachusetts Division of Industrial Accidents “Standard Form for Employee’s First Report of Injury” form (available at the Department Personnel Division) and submit the form together with a complete written report concerning the employee’s injury to the Police Commissioner.
A civilian employee claiming injury sustained while working, is advised to notify the Massachusetts Division of Industrial Accidents by telephone, as soon as is practicable, since a delay in informing that division may cause the employee to lose compensation.
A civilian employee injured while working shall not resume work for this department until the employee has submitted to the Personnel Division a certificate from the Massachusetts Division of Industrial Accidents indicating that the employee has been certified as being fit to resume full employment, unless this requirement is waived by the Personnel Division of this Department.

Sec. 16 OFFICERS INJURED WHILE ON DUTY: In accordance with the provisions of M.G.L chapter 41, section 111F, when an officer is absent from duty because of temporary incapacity caused by injury sustained through no fault of his own, either while in the actual performance of his duty or when assigned to any special duty by a Superior Officer, and the existence of such incapacity is certified by his Commanding Officer and by a physician or surgeon approved by the Police Commissioner, full pay for lost time will be approved by the Police Commissioner. The burden of establishing that the incapacity exists and qualifies for injured leave pursuant to this Section rests with the officer. The officer shall cooperate fully with the department in obtaining any and all medical and other evidence relevant to the determination of the appropriateness of the claim.

Sec. 17 HOSPITALIZATION OF OFFICERS INJURED WHILE ON DUTY: When police officers are injured in the performance of their duty, to the extent that medical or surgical treatment is necessary, they shall go to or be taken to the nearest hospital. If the officer so requests, he shall be taken to the hospital or doctor of his choice within the City of Boston. If the officer is held for treatment, his Duty Supervisor shall so inform the Operations Division which, in turn, shall notify the Departmental Hospital Liaison Officer.

Sec. 18 REPORTS REQUIRED: When an officer is disabled because of sickness or injury which may be related to his police duty, the officer shall submit a written report, recounting in detail the circumstances under which the injury or disability was incurred: including the time, the exact location, weather and lighting conditions (when relevant), together with the names and addresses of any witnesses to the event and all other information relevant to the incident. An officer that reports that he is unable to perform his duties because of injuries received while off duty shall submit a written report to his Commanding Officer forthwith.
The Commanding Officer shall recommend whether the department physician should examine the officer before resuming his duties.

Sec. 19 DELAYED REPORTS: An officer who is so severely injured, while on duty, that he cannot submit the written report, described in Section 17, during or upon completion of the tour of duty, shall submit such report as soon as he has recovered sufficiently from his injuries. In the event that an injured officer cannot submit a written report, a Superior Officer shall be assigned to procure an oral report from the injured officer. The investigative report shall not release a disabled officer from the necessity of submitting a written report as soon as he is able to do so.

Sec. 20 INVESTIGATIVE REPORTS: The Patrol Supervisor, or other immediate supervisor, of an officer who reports that he is disabled while on duty shall investigate the incident as soon as is practicable. An investigative report shall include, but not be limited to all of the following:

A. A Registry of Motor Vehicles accident report whenever a motor vehicle is involved;
B. Visiting the scene of the incident, recording relevant details;
C. Interviewing officers and other witnesses having knowledge of the incident;
D. A confirmation of any medical diagnosis.

Upon concluding the investigation, the supervisor shall submit a written report to the commanding officer and shall include a statement that his investigation has determined the following:

A. Whether the reported disability could or could not have occurred as the disabled officer has reported;
B. Whether the officer(s) involved adhered or did not adhere to Police Department procedures;
C. Whether the incident was the result of carelessness, negligence, or improper conduct by any person or persons.

Sec. 21 COMMANDING OFFICER’S REPORT: Upon receiving a supervisor’s investigative report (as required in Section #19), a Commanding Officer shall immediately submit a written report to the Police Commissioner, through channels, and recommend that the officer be placed in injured-on-duty status or be placed on ordinary sick leave. He shall state clearly the reasons for his recommendation, particularly if the officer has failed to comply with the provisions of this rule.

Sec. 22 REGULATIONS GOVERNING OFFICERS ABSENT FROM DUTY BECAUSE OF SICKNESS
OR INJURY: The Police Commissioner may not allow pay from accumulated sick credit or for injury on duty status, if the reported sickness or injury proved to be feigned, simulated or exaggerated or:

A. Arises from carelessness, negligence or improper conduct;
B. Arises from over-indulgence in alcohol or the illegal use or abuse of narcotic drugs;
C. If the officer shall fraudulently, by concealment, false statement or otherwise seek to deceive or mislead an attending physician or surgeon concerning his case;
D. If the officer refuses or fails to conform to the instructions and/or recommendations of an attending physician or surgeon;
E. If the officer fails to cooperate with the department in obtaining medical or other evidence relating to his incapacity and treatment therefore;
F. If the officer fails to comply with the recommendations made by the Department Physician that are not in conflict with the instructions given by an attending physician.

Sec. 23 INDEMNIFICATION: The Police Commissioner shall determine whether it is appropriate under all circumstances for the City of Boston to indemnify an officer for reasonable hospital, medical, surgical, nursing, pharmaceutical, prosthetic and related expenses incurred as the natural and proximate result of a hazard peculiar to his employment, while acting in the performance and within the scope of his duty, without fault of his own.
Applications for indemnification will be submitted to the Police Commissioner, in duplicate on forms provided for this purpose and accompanied by an itemized original bill for each expense within six (6) months of the time the expense was incurred.

Sec. 24 INDEMNIFICATION ADVISORY BOARD: The Police Commissioner shall appoint three persons, one of whom shall be designated as secretary, to meet as an Advisory Board and review each application for indemnification. The advisory board shall recommend to the Police Commissioner whether such payments are appropriate. The approval of the Corporation Counsel for the City of Boston, or his designee, shall be obtained for each application for indemnification before the Police Commissioner will make a final determination.

Sec 25 RECURRENCE OF INJURIES: When an officer has returned to duty following an injury received in the line of duty and later reports to his Commanding Officer that he has sustained a recurrence of this disability, which requires further absence from duty, the following procedure
shall be initiated:

A. The officer shall immediately submit a written report to his Commanding Officer containing complete information concerning both the original disabling incident and the alleged recurrence. The officer’s report shall be forwarded, through channels, to the Police Commissioner and a copy sent to the Personnel Division.
B. The officer shall be carried in the Time Book for ordinary sick leave pending a medical examination and report.
C. The officer’s Commanding Officer shall request an immediate examination of the officer by the department physician.
D. The officer shall be instructed to bring all medical reports concerning his disability to the examining physician.
E. If the medical report of the Department physician indicates that the officer has sustained a recurrence of his original injury the Time Book shall be so amended.
F. The burden of proof to establish a claim that the current disability is a recurrence of a prior injury sustained while on duty rests with the officer making such a claim.
G. In all cases the recommendation and report of the department physician shall be the determining factors subject to the approval of the Police Commissioner.

Sec. 26 EXAMINATION BY PHYSICIANS: The department physician shall examine members of the force who report that they are injured while on duty immediately following the injury claim and prior to returning to duty unless the Personnel Division waives such examination. The department may designate medical specialists as a department physician for the limited purpose of individual examinations when the department determines a specialist’s opinion is
appropriate.

The Commanding Officer may return an officer absent for less than 10 days as a result of injuries sustained while on duty to duty pending an examination and certification by the department physician.

The Personnel Division may require from such an officer a detailed report of the officer’s current condition, signed by an attending physician. The Personnel Division may also require a medical release from the officer for all medical records relating to the officers incapacity from duty so that the Department Physician can obtain and review hospital, clinical and other medical evidence concerning the diagnosis and treatment of the officer.

Sec. 27 RETURN TO DUTY: Police officers who have been certified by the department physician as fit to return to duty shall return to duty on the date specified by the department physician.

Sec. 28 FAILURE TO RETURN TO DUTY: In the event that an officer absent from duty within the provisions of this Rule fails to return to duty within the time specified by the Department physician, his status shall be changed to “absent without leave” as of the date he failed to return duty.

Sec. 29 PHYSCIAN’S CONSULTATIONS: The physician(s) who has been attending a member of the force absent because of sickness, injury or disability incurred in the performance of his duty shall be afforded full opportunity to consult with the Police Department Physician as to the officers fitness to resume police duty. In the event that the officer sustained an on duty injury and the officers physician disagrees with the department physician’s evaluation of the officers fitness to resume duty, it shall be the responsibility of the officer to ensure that his physician submits a written adverse medical report to the Department of Personnel Division no later than twenty four hours before the officer’s scheduled return to duty. In such a case, the department physician and the employee’s physician shall jointly designate a physician agreeable to both who, at the City’s expense, shall examine the employee and render an advisory written medical opinion as to the employee’s fitness to return to duty; copies of which shall be transmitted by the employee to both the city’s physician and the employee’s physician. In the event that they are unable to agree upon a third physician, after the filing of the adverse medical report, a physician shall be jointly selected by them from a list or panel of physicians established or suggested by the Commissioner of Public Health for the Commonwealth of Massachusetts, upon which even such physician, at the city’s expense, shall examine the employee and render his advisory opinion as foresaid.

Pending receipt of such advisory opinion and action of the city physician thereupon, the City shall not require the employee to return to duty and shall continue to fully compensate him on paid injured leave for time lost due to such absence.
After consultation, the department physician shall make the final determination as to whether the officer is fit to return to duty.

Sec. 30 EXAMINATION OF SWORN PERSONNEL: Not withstanding any other provisions of this rule, the Personnel Division shall have officers absent from duty for a period of three months or more, either on sick leave or on injured leave, examined by the department physician, following written notice being sent to the officer.
The department may utilize the department physician’s examination to initiate retirement or discharge proceedings as appropriate if the inability to resume employment is indicated.

Sec.31 GENERAL RESPONSIBILITY: The Auditing and Review Division shall evaluate the level of performance of Divisions, Districts and Units of the department in complying with the provisions of this rule.

Division personnel shall monitor the use of sick leave and shall document all sick leaves so that sick leave causes may be investigated and identified.

Edward F. Davis
Police Commissioner

Notes:
Amended by SO 12-023, issued 08/27/2012, Section 6 was replaced.
Amended by SO 12-045 issued 12/31/12, Sections 2, 4, 5 were amended, 11 spelling error was
corrected.

Rule 111 - Substance Abuse Policy

December 17, 1998

TABLE OF CONTENTS

I. INTRODUCTION
II. DEFINITIONS
III. AUTHORIZED USE OF PRESCRIPTION MEDICINE
IV. PROHIBITED CONDUCT
V. TESTING
VI. CONSEQUENCES OF A POSITIVE TEST
VII. CONSEQUENCES OF VIOLATION OF THE POLICY

Appendix A REFERRAL PROCEDURES FOR SUPERVISORS
Appendix B REHABILITATION AGREEMENT
Appendix C PROCEDURES FOR DRUG TESTING
Appendix D PROCEDURES FOR ANNUAL HAIR TESTING

I. INTRODUCTION
To ensure a safe, healthful and productive work environment, to protect the health and welfare of the citizens of the City of Boston, and to assure compliance with the Federal Drug-Free Workplace Act of 1988, the Department has adopted this policy to address drug and alcohol abuse by sworn personnel. These procedures provide the Department with reasonable measures to ensure drug or alcohol use does not jeopardize the public or the Department’s ability to serve its citizens.

It is the general intent of the policy to create a humanitarian program. Treatment and discipline are both important aspects of the plan. Drug and alcohol testing, which will be part of the program, is intended in part as a means of identifying those who need help. In fact, the testing components of the program will not be instituted until this policy has been in effect for 60 days.
This two month delay is intended to allow all sworn personnel who currently have a substance abuse problem time to take appropriate actions to correct that problem prior to implementation of the procedures described below. Prior to the implementation of this policy, all Officers will receive up to three hours educational training in the effects of drugs and alcohol in general as well as in the workplace. The training shall also include a review of this policy. All such training will occur on Department time.

The Department will not tolerate any drug or alcohol use which could affect an Officer’s job performance. The citizens of the City of Boston have a right to expect that sworn personnel will carry out their duties in a safe and reliable manner, free from the effects of drug or alcohol use.
This policy replaces, except where contrary to contractual obligations, any and all earlier policies or procedures based on or expanding upon the Drug-Free Workplace Act, but it does not replace or in any way supplant any other policies or procedures including, but not limited to, the Boston Police Department’s rules and procedures.

These procedures are significantly more comprehensive than the Federal Drug-Free Workplace Act requirements. The Boston Police Department must, by law, comply with that Act and report our drug-free workplace activities to the Federal government. The Act requires the adoption of a policy, some training, informing sworn personnel of the availability of help, and requiring sworn personnel to report convictions for drug crimes committed on the job. The intent of the Act is admirable, but the Department believes much more must be done than these minimal requirements. There are four important ways in which these procedures are broader and more effective than the Drug-Free Workplace Act:

we emphasize treatment and counseling rather than just discipline in many cases;
we will employ drug and alcohol testing procedures in great part to overcome the user’s denial that a problem exists, so that we may protect the public and provide help and treatment as appropriate;
we are requiring that all sworn personnel attend comprehensive awareness and training programs;
we are setting up a supervisor support phone system so that those who will be applying these procedures day-by-day can do so effectively, comfortably, and legally.
These procedures apply to all sworn personnel and, where contracts specifically allow, to Department contractors. The Department reserves the right to modify these procedures in whole or in part in accordance with law and contractual procedures.

II. DEFINITIONS

A. Controlled Substance – any drug included in Schedules I through V, as defined by Section 802(6) of Title 21 of the United States Code (21 USC 802(6)), the possession of which is unlawful under Chapter 13 of that title, or any drug included within the definition of “Controlled substance” in Chapter 94C of the Massachusetts General Laws (for example, but not limited to: cocaine, marijuana, valium, morphine, anabolic steroids). The term does not include the use of prescribed drugs which have been legally obtained and are being used for the purpose for which they were prescribed.

B. Illegally-Used Drug – any prescribed drug which is legally obtainable but has not been legally obtained or is not being used for prescribed purposes, all designer drugs not listed in the Controlled Substances Act (for example, but not limited to: MDA, fentanyl), and any other over-the-counter or non-drug substances (for example, but not limited to: airplane glue) being used for other than their intended purpose.

C. Alcohol – colorless, volatile and flammable liquid that is the intoxicating agent in fermented and distilled liquors. It includes, but is not limited to, beer, wine and liquor. It does not include alcohol used in chemical processing, cleaning or testing.

D. Department Property – includes buildings, offices, facilities, equipment, vehicles, land, and parking lots owned, loaned, utilized or leased by the Department. It also includes any other site at which business of the Department is transacted whether on or away from Department owned, loaned, or leased property.

E. Accident – an unplanned, unexpected and unintended event which a) occurs on Department property, on Department business, or during working hours, and b) initially appears to have been caused wholly or partially by an Officer, and c) results in either i) a fatality, ii) bodily injury requiring medical treatment away from the scene of the event, or iii) damage to property in excess of $2,500; an unplanned, unexpected and unintended discharge of a firearm is also an “accident”.

F. Drug Paraphernalia – any item which is clearly intended for use for the administering, transferring, manufacturing, testing or storing of a controlled substance and which is not authorized or intended for use in the course of legitimate law enforcement activities.

G. Reasonable Suspicion of Drug and/or Alcohol Use – the reasonable suspicion standard for drug testing of sworn personnel is based upon a specific objective fact(s) and reasonable inferences drawn from that fact(s) in light of experience that the individual may be involved in the use of any illegally-used drug, controlled substance, or alcohol.

Examples would include one or more of the following:

1. Observable phenomena, such as direct observation of on-duty alcohol use or possession and/or direct observation of on-duty or off-duty use or possession of illicit drugs, and/or the on-duty display of behaviors which appear to be indicative of the use of any illegally-used drug, controlled substance, or alcohol and are not attributable to other factors;
2. a pattern of abnormal conduct, erratic behavior or deteriorating work performance, including but not limited to, frequent absenteeism, excessive tardiness, or frequent accidents, not attributable to other factors and which appears to be related to drug and/or alcohol abuse;
3. arrest, indictment, or conviction for a drug-related offense;
4. newly discovered evidence that the Officer has tampered with a prior drug/alcohol test;
5. repeated or flagrant violations of the Department’s rules and procedures which are determined by a supervisor to pose a substantial risk of injury or property damage and which are not attributable to other factors and appear to be related to drug and/or alcohol abuse;
6. causing an accident (as defined in definition E. above).
The above examples are not all inclusive, but are intended to be illustrative. Though not a sign or symptom of substance abuse, accidental discharge of a firearm is such a serious event that it can contribute, when substantiated by more direct evidence, to a finding of reasonable suspicion. The symptoms of being affected by a drug or by alcohol are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance.
Although reasonable suspicion does not require certainty, mere “hunches” are not sufficient to meet this standard.

H. Under the Influence of an Unauthorized Controlled Substance, Illegally-used Drug and/or Alcohol – The presence of a .04 alcohol content in the blood, or a verified positive drug test, at levels specified by the National Institute of Drug Abuse (NIDA), for an unauthorized controlled substance or an illegally-used drug.

I. Medical Review Officer (MRO) – A licensed physician responsible for receiving laboratory drug testing results who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a positive test relative to the Officer’s medical history and other relevant biomedical information.

III. AUTHORIZED USE OF PRESCRIPTION MEDICINE
Sworn personnel undergoing prescribed medical treatment with any drug must report the drug used to their supervisor, pursuant to Rule 102 and a determination made as to the Officer’s ability to perform his duty according to that rule.

IV. PROHIBITED CONDUCT
The following conduct by sworn personnel is prohibited:

A. Unauthorized use, possession, manufacture, distribution, dispensation or sale of a controlled substance, illegally-used drug, drug paraphernalia, or alcohol on Department property, on Department business, in Department supplied vehicles, in vehicles being used for Department purposes, or during working hours;

B. Unauthorized storage in a desk, locker, automobile or other repository on Department property of any illegally-used drug, controlled substance, drug paraphernalia, or alcohol;

C. Being under the influence of an unauthorized controlled substance, illegally-used drug or alcohol on Department property, on Department business, in Department supplied vehicles or vehicles being used for Department business or during working hours;

D. Possession, use, manufacture, distribution, dispensation or sale of illegally-used drugs or controlled substances while off duty;

E. Switching or adulterating any urine or blood sample;

F. Refusing consent to testing or refusing to submit a breath, urine, or blood sample for testing (except as regards “Condition of Promotion” testing);

G. Failing to adhere to the terms of any Rehabilitation Agreement (sample attached) which the Officer has signed;

H. Conviction under any drug or alcohol statute;

I. Failure to immediately notify the Department of any arrest or conviction under any drug or alcohol statute;

J. Failure to notify a supervisor of the use of a prescription drug;

K. Refusing to sign a) a receipt for the Department’s Substance Abuse Policy, b) the Consent and Release Form, c) the Chain of Custody Form, or d) a Rehabilitation Agreement;

V. TESTING

Sworn personnel of the Boston Police Department will be tested for drugs and/or alcohol under the following circumstances:

A. Reasonable Suspicion of Drug and/or Alcohol Use – Sworn personnel will be tested for drugs and/or alcohol when a supervisor who has been trained in making determinations of reasonable suspicion has made such a determination. Referrals for reasonable suspicion testing will be made using the procedures set forth in Appendix A of these procedures.

B. Follow-up Testing – Sworn personnel referred by the Department to treatment, and who undergoes any form of treatment for substance abuse, will be subject to unannounced testing for a period of thirty-six months following a return to full duties (which shall be subject to a medical certification that the Officer is qualified to safely carry a weapon).

C. Pre-Employment Testing – All applicants for the position of Sworn Police Officer will be required to submit to a drug test. The Department will not knowingly employ as a Sworn Police Officer any individual who actively abuses alcohol, an illegally-used drug or a controlled substance. All applicants for the position of Sworn Police Officer will be advised in connection with their application for employment that, prior to being offered a position, they will be required to submit to a drug screen. Failure to consent to such a test, or a verified positive result, will disqualify the applicant for employment in a position subject to pre-employment testing.

D. Probation Period Testing – All Probationary personnel are subject to drug testing during their probation period without prior warning and at random intervals.

E. Condition of Promotion/Rating/Appointment Testing – Sworn personnel who are offered a promotion/appointment and/or a detective rating will be required to submit to a drug test. A negative test result shall be a condition of such promotion and/or rating. Sworn personnel may refuse to submit to such a drug test without penalty or risk of disciplinary procedures, however such refusal shall be considered a declination of the offer of promotion.

F. Assignment to Special Unit Testing – Sworn personnel, upon assignment to specialized units as identified by the Commissioner, shall be required to submit to a drug test. Such units include: Command Staff, Drug Control, Anti-corruption, Explosive Ordnance Unit, Hazardous Materials Unit, Boston Police SWAT team, Firearms Analysis Unit, Range, and Organized Crime. This form of testing shall also be applicable upon assignment to any outside agency.

G. Annual Drug Testing (Hair) – This provision only applies to those bargaining units that have agreed to such testing.

H. In a joint desire to achieve and maintain a work force that is 100% drug free and in further recognition that the Department has not yet achieved such goal, the parties agree that all sworn personnel shall be subject to an annual drug test to be conducted through a fair, reasonable, and objective hair analysis testing system. Each Officer shall submit to an annual test on or within thirty (30) calendar days of each Officer’s birthday.
The Department shall schedule each examination and so notify each Officer as far in advance as practicable. Hair testing does not contemplate or include testing for alcohol.

I. The Department agrees that it will establish and adhere to written collection and testing procedures for hair samples. These procedures shall be fair and reasonable so as to ensure the accuracy and integrity of the test and process. These written procedures will be appended to this Rule and become incorporated thereto. The union, should it so request, shall meet with the Department in order to discuss issues relative to the collection and testing process. Nothing contained herein alters the current policy as it relates to other drug/alcohol testing, procedures, or requirements.
Drug tests will consist of determinations of the presence of these five drugs, classes of drugs, or their metabolites: marijuana metabolites, cocaine metabolites, opiate metabolites, phencyclidine (PCP), and amphetamines. In the course of testing for Reasonable Suspicion of Drug and/or Alcohol Use, other drugs or their metabolites may be tested for if their particular use is suspected. Such other drugs may include, but need not be limited to: lysergic acid diethylamide (LSD), methaqualone, barbiturates, and benzodiazepines. All urine testing will be performed under the guidelines described in Appendix C “Procedures for Drug Testing”. These procedures call for the use of an immunoassay screen (i.e. “EMIT”) with all positives tested for confirmation using Gas Chromatography/Mass Spectrometry (GC/MS) technology. In a GC/MS test, the specimen is heated and the vapors are passed through a column of absorbent material, where traces of the drugs separate into colored bands (gas chromatography). A mass spectrometer then analyzes the precise chemical composition of each band. GC/MS is generally considered to be the most conclusive method of confirming the presence of a drug in urine.1 GC/MS results are accepted as evidence in criminal cases. Positive GC/MS results are first communicated to a Medical Review Officer (MRO) who investigates the possibility of a legitimate explanation of the test result. Where reasonable suspicion exists to test for alcohol, the Officer shall be given the option of submitting to either a breath screen test or a blood alcohol test. All breath screen tests shall be administered by a certified collection site facility utilizing DOT approved equipment and DOT procedures. All blood alcohol tests shall be administered by a certified collection site facility following procedures identified in Appendix C for identification and chain-of-custody safeguards.

VI. CONSEQUENCES OF A POSITIVE TEST
ILLICIT DRUGS
Sworn personnel who receive a verified positive test result for illicit drugs will be subject to termination. However, where the Officer’s only violation is a positive test for illicit drug use and it is the Officer’s first offense, the Commissioner shall offer voluntary submission to the following alternative program:

up to a 45 day suspension without pay,
execution of a Rehabilitation Agreement and submission to treatment/rehabilitation, placement in an administrative position and suspension of weapon carrying privileges upon return to work following suspension until certified by the treatment provider to be recovering and able to safely carry weapons, and
submission to follow-up testing as described in section V(B) above.

Note that failure to comply with the terms of the Rehabilitation Agreement either during or after the suspension period would constitute a separate violation of this policy and shall result in a recommendation of termination.

ALCOHOL OR ILLEGALLY-USED DRUGS
Sworn personnel who test positive for alcohol or illegally-used drugs shall be subject to disciplinary procedures up to and including termination. However, the first time an Officer tests positive for alcohol or illegally used drugs, the Officer shall be offered and the Officer shall sign a Rehabilitation Agreement and the Officer shall receive up to a 5 day suspension. Note that refusing to sign the Rehabilitation Agreement under these circumstances constitutes a separate violation of this policy. Sworn personnel who sign the Rehabilitation Agreement and undergo treatment will be assigned administrative duties and have their weapon carrying privileges suspended until such time as they are certified, by the treatment provider, to be recovering and able to safely carry weapons, at which time the disciplinary procedures being held in abeyance shall not be served. A record of the original disciplinary action, as well as successful completion of rehabilitation, shall remain in the Officer’s medical personnel file. They will also be subject to Follow-Up drug testing as described in V(B) above.

VII. CONSEQUENCES OF VIOLATION OF THE POLICY
Any violation of the Substance Abuse Policy shall lead to disciplinary action up to and including termination. The severity of the action chosen will depend on the circumstances of each case.
The Commissioner may, at his discretion, suspend any disciplinary action while an Officer is undergoing substance abuse treatment subject to a Rehabilitation Agreement (see “Consequences of a Positive Test” above). Refusing to sign a Rehabilitation Agreement shall result in a recommendation of termination.

Refusing to submit to a drug or alcohol test (except as regards Condition of Promotion testing), or switching or adulterating any blood or urine sample, shall result in a recommendation of termination.

Failure to adhere to the terms of the rehabilitation agreement shall result in disciplinary action up to and including termination.

Appendix A

REFERRAL PROCEDURES FOR SUPERVISORS

The Department’s supervisors are responsible for being alert to declining job performance, erratic behavior or other symptoms of possible substance abuse. Whenever a supervisor who has been trained in the making of determinations of reasonable suspicion of drug and/or alcohol use (as defined in Section II of these procedures) makes such a determination the following steps will be taken:

A. The supervisor will document in writing all circumstances, information and facts leading to and supporting his/her suspicion. At a minimum, the report will include appropriate dates and times of suspect behavior, reliable/credible sources of information, rationale leading to referral for testing and the action(s) taken.

B. Prior to referring an Officer for testing, the supervisor will discuss the problem with the Officer in a private location with one witness, preferably another supervisor, present.
Caution will be taken not to accuse the Officer of substance abuse, but the Officer will be presented with instances of questionable behavior. If the Officer does not have an acceptable explanation for his questioned behavior, the supervisor will continue with the procedures set forth in this section. Nothing in this procedure is intended to prevent the Officer from invoking any Weingarten rights the Officer may have.

C. The supervisor shall consult with a second supervisor of a higher rank and they shall jointly decide whether to refer an Officer for testing. All persons involved in the decision-making process will have received training in the identification of actions, appearance, and conduct which are indicative of the use of alcohol and/or drugs.

D. In those cases where the supervisor determines that the person’s behavior causes a potential threat of harm to himself or others, the Officer will be immediately removed from the work site and where there is no other misconduct resulting in suspension the Officer shall be placed on administrative leave and shall be subject to customary restrictions of such leave.

E. Once a determination has been made to refer an Officer for testing, it will be the responsibility of the supervisor to advise the Officer of such decision and to escort the Officer to a collection facility. The supervisor should remain with the Officer at the collection site facility until testing is concluded. In the event that leaving the scene and/or remaining with the Officer is not feasible, the supervisor will 1) arrange transportation to the collection facility (the Officer will be instructed not to drive a vehicle), 2) notify the collection facility that the Officer is being sent for testing, 3) request that the collection facility notify the supervisor when collection procedures are completed, 4) arrange transportation for the Officer following the collection process, and 5) notify the Officer that he or she is not to return to work pending receipt of the test results by the Office of Internal Investigation.

F. Upon conclusion of the examination, the supervisor will ensure that the Officer is escorted to his destination. The supervisor will direct the Officer not to drive himself to his destination. The Officer will be relieved from duty pending receipt by the Office of Internal Investigation of the test results and the Officer will be notified of this change in status.

G. If the Officer tests negative for drugs or alcohol, the Officer will be compensated for any regularly scheduled hours he or she would have worked during the suspension period.

H. In those cases where a supervisor discovers an Officer who possesses what appears to be a controlled substance, illegally-used drug or alcohol, he or she will proceed as described above for instances where reasonable suspicion exists, and, if the substance in question appears to be a controlled substance or illegally-used drug, will in addition perform the following steps:

1. Immediately confiscate the substance and all equipment or paraphernalia directly employed with the substance. Wrap them in any available clean material (e.g. paper towel, copier paper, handkerchief). The supervisor will keep the package on his or her person or where he or she can be absolutely sure it cannot be tampered with and shall strive to process the materials as soon as possible.

2. As soon as the supervisor can, he or she will put the wrapped materials, still in the wrapping, into a large envelope and seal the envelope completely. The supervisor’s initials will be written over the seam of the envelope in several places.

3. The supervisor will write the Officer’s name, his or her own name, and the date at the top of the envelope, will promptly notify his or her commanding officer, and will turn the envelope over as soon as possible to the Office of Internal Investigation. The supervisor will witness the signing and dating of the envelope by the person to whom he or she turns it over.

4. All persons who subsequently and for whatever reason have possession of the envelope will sign and date it in the presence of the previous supervisor.

5. The Bureau of Professional Standards and Development will be responsible for delivering the substance to the Division of Food and Drug for analysis. Pending
delivery the substance will be secured appropriately.

Appendix B

REHABILITATION AGREEMENT

Name:_________________________________
Date: ___________________
Department: _____________________
Dear ___________________:

On , 19 , the Boston Police Department agreed to your request to seek counseling and referral to a rehabilitation program for alcohol and/or drug abuse. The following conditions apply to your rehabilitation program:

1. You must authorize your treatment provider to provide proof to the Office of Internal Investigation of enrollment in a rehabilitation program and proof of attendance at all required sessions on a monthly basis. Your attendance will be monitored closely and the Bureau of Professional Standards and Development will initiate appropriate disciplinary action up to and including termination if you do not regularly attend all sessions.

2. You must adhere to all of the requirements of the drug or alcohol treatment or counseling program in which you are enrolled.

3. If you are absent from work during the rehabilitation period without prior authorization, you must promptly submit a written doctor’s certificate explaining the reason for such absence. The Department will take disciplinary action if you are absent as a result of alcohol or drug use.

4. You will pay for all costs of rehabilitation which are not covered under the employee’s health plan.

5. During the thirty-six months following the completion of your rehabilitation program, the Department will test you for alcohol and/or drug use on a random basis. The Department will take prompt disciplinary action if you refuse to submit to testing or if you test positive during this period.

6. You must meet all established standards of conduct and job performance. The Department will institute appropriate disciplinary action if your on-the-job conduct or job performance is unsatisfactory.

7. Failure to comply with all of the above conditions will result in the institution of appropriate disciplinary action, up to and including termination. Furthermore, rehabilitation personnel will notify the Department in writing or appear for testimony at administrative, civil service and superior court hearings in the event an Officer has not complied with the designated rehabilitation program.

I hereby voluntarily agree to all of the above conditions and authorize my treatment provider to provide the Office of Internal Investigation with proof of my enrollment and attendance at the recommended rehabilitation program. I sign this rehabilitation agreement of my own free will, and without duress.

_____________________________
Officer’s Name
_____________________________
Commanding Officer’s Name
_____________________________
Officer’s Signature
_____________________________
Commanding Officer’s Signature
________________
Date
________________
Date

Appendix C

PROCEDURES FOR DRUG TESTING

All drug tests administered pursuant to the Department’s Substance Abuse Policy will be conducted in strict accordance with the following procedures:

1. Laboratory Qualifications: The Boston Police Department (the Department) has retained a certified laboratory under the Department of Health and Human Services (HHS) Mandatory Guidelines for federal workplace drug testing programs. The use of a certified laboratory ensures that the highest standards of forensic toxicology are being met.

2. Controlled Substances: The following drugs will be tested for:

a. Marijuana
b. Cocaine
c. Opiates
d. Amphetamines
e. Phencyclidine
f. others as appropriate.

3. Security and Chain of Custody: The selected laboratory will maintain strict security at its laboratory facilities and will strictly adhere to the chain of custody procedures mandated by DOT and HHS. This will include:

a. Use of a standard drug testing custody and control form;

b. Use of a clean, single-use specimen bottle that is securely wrapped until filled with the specimen, or use of a clean, single-use collection container that is securely wrapped until utilized;

c. Use of a tamperproof sealing system designed to ensure against undetected opening and the use of a specimen bottle with a unique identifying number which is identical to the number appearing on the custody and control form;

d. Use of a shipping container in which the specimen and related paperwork may be transferred and which can be sealed and initialed to prevent undetected tampering;

e. Written procedures, instructions and training to ensure the integrity of the process shall be provided to collection personnel.

4. Specimen Collection Procedures:

a. All specimens will be collected at designated collection sites which have necessary personnel certified by the laboratory in accordance with NIDA standards, materials, equipment and supervision to provide for specimen collection, security, temporary storage facilities, and shipping or transportation to the laboratory;

b. Procedures for collecting urine specimens shall allow individual privacy unless there is reason to believe a person may alter or substitute the specimen to be provided. The following are the exclusive grounds constituting reason to believe an individual may alter or substitute a specimen:

1. The Officer presents a specimen which falls outside normal temperature range (32.5°-37.7°C/90.5°-99.8°F); and

a. The person refuses to provide a measurement of oral body temperature; or,

b. Oral body temperature varies by more than 1°C/1.8°F from the temperature of the specimen.

2. The last urine specimen provided by the Officer was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine
concentration below .2g/L;

3. The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g.
substitute urine in plain view, blue dye in the specimen presented, etc.); or,

4. The Officer has previously been determined to have used a controlled substance without medical authorization and the test was being conducted under Department procedures providing for follow-up testing upon or after return to service.
In any case where a determination is made by a collection site person to observe a specimen collection, a higher-level supervisor of the collection
site person, or the Office of Internal Investigation, shall review and concur in such decision in advance. All direct observation shall be conducted by a person of the same gender as the person providing the specimen. In any case where collection is monitored2 by non-medical personnel, the person shall be the same gender as the person providing the specimen.

c. The following procedures shall be used to ensure the integrity and identity of the specimen.

1. Toilet bluing agents will be placed in the toilet tanks whenever possible so the reservoir remains blue. Where practical, there shall be no other
source of water in the enclosure where urination occurs. If there is another source of water, it shall be effectively secured or monitored so as
to ensure it is not used as a source for diluting the specimen.

2. Upon arriving at the collection site, the Officer to be tested shall present the collection site person with proper identification to ensure that he/she is positively identified as the person selected for testing (e.g., by presenting a driver’s license or other photo ID, or by identification by the
Office of Internal Investigation). If the Officer’s identity cannot be established, the collection site person shall not proceed with the collection, and the Office of Internal Investigation shall be notified. If requested by the Officer, the collection site person shall show his or her identification to the Officer.

3. If the Officer scheduled to be tested fails to arrive at the collection site at the assigned time, the collection site person shall contact the Office of Internal Investigation to obtain guidance on the action to be taken.

4. The Officer to be tested will be required to remove any unnecessary outer garments (e.g., a coat or jacket) that might conceal items or
substances that could be used to tamper with or adulterate the urine specimen. The collection site person shall ensure that all personal
belongings such as purses or briefcases remain with the outer garments.
The Officer may retain his or her wallet. If requested, the collection site person shall provide the Officer with a receipt for any personal belongings.

5. The Officer shall be instructed to wash and dry his/her hands prior to urination.

6. After washing his/her hands, the Officer shall remain in the presence of the collection site person and shall not have access to any water
fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the specimen.

7. The Officer may provide his/her specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The collection person shall provide the Officer with a specimen bottle or collection container, as applicable.

8. The collection site person shall note any unusual behavior or appearance of the Officer which may indicate the sample may have been tampered with on the urine custody and control form.

9. Upon receiving the specimen from the Officer, the collection site person shall determine if it contains at least 60 milliliters of urine. If the Officer is unable to provide 60 milliliters of urine, the collection site person shall direct the Officer to drink fluids and, after a reasonable time, again attempt to provide a complete sample using a fresh specimen bottle or a fresh collection container. The original specimen shall be discarded. If the Officer is still unable to provide a complete specimen, the following rules apply:

a. In the case of a reasonable cause test, the Officer shall remain at the collection site and continue to consume reasonable quantities of fluids until the specimen has been provided or until the expiration of a period up to 8 hours from the beginning of the collection procedure.

b. In the case of a pre-employment test or other test not for cause, the Office of Internal Investigation may elect to proceed as specified in 9.(a) above (consistent with any restrictions on hours of service) or may elect to discontinue the collection and conduct a subsequent collection at a later time to be scheduled by the Office of Internal Investigation.

c. If the Officer cannot provide a complete sample within the up to 8-hour period or at the subsequent collection, as applicable, then the MRO shall refer the Officer for a medical evaluation to develop pertinent information concerning whether the Officer’s inability to provide a specimen is genuine or constitutes a refusal to provide a specimen.3 The medical evaluator shall report his or her findings to the MRO. Upon completion of the examination, the MRO shall report his or her conclusions to the Office of Internal Investigation in writing.

10. Immediately after the specimen is collected, the collection site person shall measure the temperature of the specimen. The temperature
measuring device used must accurately reflect the temperature of the specimen and not contaminate the specimen. The time from urination to
temperature measure is critical and in no case shall exceed 4 minutes.

11. A specimen temperature outside the range of 32.5° – 37.7°C/90.5° -99.8°F constitutes a reason to believe that the Officer has altered or substituted the specimen in accordance with paragraph 4)b(1) above. This may be cause for the Officer to be required to provide another specimen under direct observation. In such cases, the Officer supplying the specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the Officer may have altered or substituted the specimen.

12. Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any
signs of contaminants. Any unusual findings shall be noted on the custody and control form.

13. All specimens suspected of being adulterated shall be forwarded to the laboratory for testing.

14. Whenever there is reason to believe that a particular Officer has altered or substituted the specimen as provided in paragraph 4)b(1) or (3) above, a second specimen shall be obtained as soon as possible under the direct observation of a collection site person of the same gender.

15. After the urine specimen is provided, both the Officer being tested and the collection site person shall keep the specimen in view at all times
prior to its being sealed and labeled. The specimen shall be sealed (by placement of a tamperproof seal over the bottle cap and down the sides
of the bottle) and labeled in the presence of the Officer. If the specimen is transferred to a second bottle, the collection site person shall request
the Officer to observe the transfer of the specimen and the placement of the tamperproof seal over the bottle cap and down the sides of the
bottle.

16. The collection site person, in the presence of the Officer, shall place securely on the bottle an identification label which contains the date, the
Officer’s specimen number and any other identifying information provided or required by the Department. If separate from the label, the
tamperproof seal shall also be applied.

17. The Officer shall, in the presence of the collection site person, initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her.

18. The collection site person shall, in the presence of the Officer, enter on the drug testing custody and control form all information identifying the specimen. The collection site person shall sign the form certifying that the collection was accomplished according to the procedures described herein.

19. The Officer shall be asked to read and sign a statement on the drug testing custody and control form certifying that the specimen identified
as having been collected from him or her is in fact the specimen he or she provided. He or she will also have the opportunity to set forth on the
form information concerning medications taken or administered in thepast 30 days.

20. The Officer will also be required to read and sign a consent and release form authorizing the collection of the specimen, analysis of the specimen for designated controlled substances and release of the test results to the Office of Internal Investigation.

21. The collection site person shall complete the chain of custody portion of the drug testing custody and control form to indicate receipt of the
specimen from the Officer and shall certify proper completion of the collection process. If the specimen is not immediately prepared for
shipment, the collection person shall ensure that it is appropriately safeguarded during temporary storage.

22. While any part of the above chain of custody procedures is being performed, the urine specimen and custody documents must remain
under the control of the involved collection site person.

23. The collection site person shall not leave the collection site in the interval between presentation of the specimen by the Officer and securement of the sample with an identifying label bearing the Officer’s specimen identification number and seal initialled by the Officer. If it becomes necessary for the collection person to leave during this interval, the collection shall be nullified and (at the election of the Office of Internal Investigation) a new collection begun.

24. To the maximum extent possible, the collection site personnel shall keep the Officer’s specimen bottle within sight both before and after the
Officer has urinated. After the specimen is collected it shall be properly sealed and labeled.

25. Collection site personnel shall arrange to ship the collected specimen to the drug testing laboratory. The specimens shall be placed in shipping containers designed to minimize the possibility of damage during shipment (e.g., specimen boxes and/or padded mailers) and those
containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection
site person shall sign and enter the date the specimens were sealed in the shipping containers for shipment. The collection site person shall
ensure that the chain of custody documentation is attached or enclosed in each container sealed for shipment to the drug testing laboratory.

26. If the Officer refuses to cooperate with the collection process, the collection site person shall inform the Office of Internal Investigation and
shall document the non-cooperation on the drug testing custody and control form.

27. If the sample is being collected from an Officer in need of medical attention (e.g., as part of a post-accident test given in an emergency
medical facility), necessary medical attention shall not be delayed in order to collect the specimen.

28. A chain of custody form (and a laboratory internal chain of custody document, where applicable) shall be used for maintaining control and
accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented
on the form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to
minimize the number of persons handling specimens.

5. Laboratory Procedures:

a. Drug testing laboratories shall be secure at all times and shall have in place sufficient security measures to control access to the premises and to ensure no unauthorized personnel handle the specimens or gain access to the laboratory process or areas where records are stored.

b. Laboratories shall use chain of custody procedures to maintain control and accountability of specimens from receipt through completion of testing, reporting of results during storage, and continuing until final disposition of specimens. The date and purpose shall be documented on an appropriate chain of custody form each time a specimen is handled or transferred and every individual in the chain shall be identified. Accordingly, authorized technicians shall be responsible for each urine specimen or aliquot in their possession and shall sign and complete chain of custody forms for those specimens or aliquots4 as they are received.

c. 1) When a shipment of specimens is received, laboratory personnel shall inspect each package for evidence of possible tampering and compare information on specimen bottles within each package to the information on the accompanying chain of custody forms. Any direct evidence of tampering or discrepancies in the information on specimen bottles and the Department’s chain of custody forms attached to the shipment shall be immediately reported to the Office of Internal Investigation and shall be noted on the laboratory’s chain of custody form which shall accompany the specimens while they are in the laboratory’s possession.

2) Specimen bottles generally shall be retained within the laboratory’s accession area until all analyses have been completed. Aliquots and the laboratory’s chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests.

d. Specimens that do not receive an initial test within 7 days of arrival at the laboratory shall be placed in secure refrigeration units. Temperatures shall not exceed 6°C. Emergency power equipment shall be available in case of prolonged power failure.

e. Laboratory facilities for urine drug testing will normally process specimens by grouping them into batches. When conducting either initial or confirmatory tests, every batch shall contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysts.

f. 1) The initial test shall use an immunoassay which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs:

Initial Test
Cutoff Levels
(ng/ml)5
Marijuana metabolites 100
Cocaine metabolites 3006
Opiate metabolites 300
Phencyclidine 25
Amphetamines 1,000

g. 2) These cutoff levels are subject to change by the HHS as advances in technology or other considerations warrant identification of these substances at other concentrations. For drugs not listed in f.(1) above, cutoff levels to be used shall, when available, be those then specified by the HHS.

h. 1) All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff levels listed in this paragraph for each drug. All confirmations shall be by quantitative analysis.

i. 2) These cutoff levels are subject to change by the HHS as advances in technology or other considerations warrant identification of these substances at other concentrations. For drugs not listed in g.(1) above, cutoff levels to be used shall, when available, be those then specified by the HHS.

j. 1) The laboratory shall report test results to the MRO within an average of 5 working days after receipt of the specimen by the laboratory. Before any test result is reported (the results of initial tests, confirmatory tests, or quality control data), it shall be reviewed and the test certified as an accurate report by the responsible individual. The report shall identify the drugs/metabolites tested for, whether positive or negative, the specimen number assigned by the Department, and the drug testing laboratory specimen identification number (accession number).

k. 2) The laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug.

3) The MRO may request from the laboratory and the laboratory shall provide quantification of test results. The MRO shall report whether the test is positive or negative to the Office of Internal Investigation and may report the drug(s) for which there was a positive test, but shall not disclose the quantification of test results to the Office of Internal Investigation.

4) The laboratory may transmit results to the MRO by various electronic means (for example, teleprinters, facsimile, or computer) in a manner designed to ensure confidentiality of the information. Results may not be provided verbally by telephone. The laboratory and the MRO must ensure the security of the data transmission and limit access to any data transmission, storage, and retrieval system.

l. 5) The laboratory shall send only to the MRO the original or a certified true copy of the drug testing custody and control form (part 2), which, in the case of a report positive for drug use, shall be signed (after the required certification block) by the individual responsible for day-to-day management of the drug testing laboratory or the individual responsible for attesting to the validity of the test reports, and attached to which shall be a copy of the test report.

m. 6) The laboratory shall provide to the Superintendent, Chief of the Office of Internal Investigation a monthly statistical summary of urinalysis testing of sworn personnel and shall not include in the summary any personal identifying information. Initial and confirmation data shall be included from test results reported within that month. Normally this summary shall be forwarded by registered or certified mail not more than 14 calendar days after the end of the month covered by the summary.
Monthly reports shall not include data from which it is reasonably likely that information about sworn personnel’s tests can be readily inferred. If necessary, in order to prevent the disclosure of such data, the laboratory shall not send a report until data are sufficiently aggregated to make such an inference unlikely.
In any month in which a report is withheld for this reason, the laboratory will so inform the Office of Internal Investigation in writing.

7) Unless otherwise instructed by the Office of Internal Investigation in writing, all records pertaining to a given urine specimen shall be retained by the drug testing laboratory for a minimum of 2 years.

n. Long term frozen storage (-20°C or less) ensures that positive urine specimens will be available for any necessary retest during administrative or disciplinary proceedings. The laboratory shall retain and place in properly secured long term frozen storage for a minimum of 1 year all specimens confirmed positive, in their original labeled specimen bottles. Within this 1 year period, the Office of Internal Investigation may request the laboratory to retain the specimen for an additional period of time, but if no such request is received the laboratory may discard the specimen after the end of 1 year, except that the laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period.

o. Because some analytes deteriorate or are lost during freezing and/or storage, quantification for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite.

p. The drug testing laboratory shall maintain and make available for at least 2 years documentation of all aspects of the testing process. This 2 year period may be extended upon written notification by the Office of Internal Investigation. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer-generated data. The laboratory shall maintain documents for any specimen known to be under legal challenge for an indefinite period.

6. Reporting and Review of Results

i. An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identify an Officer/applicant as having used drugs in violation of Department policy. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of results. This review shall be performed by the Medical Review Officer (MRO) prior to the transmission of the results to the Office of Internal Investigation. The MRO review shall include review of the chain of custody to ensure that it is complete and sufficient on its face. The duties of the MRO with respect to negative results are purely administrative.

j. 1) The MRO shall be a licensed physician with knowledge of substance abuse disorders who has been approved by the NIDA certified laboratory retained by the City.

k. 2) The MRO shall not be an employee of the laboratory conducting the drug test.

l. 3) The role of the MRO is to review and interpret confirmed positive test results obtained through the Department’s testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the Officer’s medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested Officer when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with the procedures set forth herein.

m. 1) Prior to making a final decision to verify a positive test result for an Officer, the MRO shall give the Officer an opportunity to discuss the test result with him or her.

n. 2) The MRO shall contact the Officer directly, on a confidential basis, to determine whether the Officer wishes to discuss the test result. A staff person
under the MRO’s supervision may make the initial contact, and a medically licensed or certified staff person may gather information from the Officer. Except as provided in paragraph (c)(5) of this section, the MRO shall talk directly with the Officer before verifying a test as positive.

3) If, after making all reasonable efforts and documenting them, the MRO is unable to reach the Officer directly, the MRO shall contact the Office of Internal Investigation who shall direct the individual to contact the MRO as soon as possible. If it becomes necessary to reach the Officer through the Office of Internal Investigation, the Internal Affairs Division shall employ procedures that ensure, to the maximum extent practicable, that the requirement that the Officer contact with the MRO is held in confidence.

4) If, after making all reasonable efforts, the Office of Internal Investigation is unable to contact the Officer, the Department may place the Officer on
administrative leave with pay.

o. 5) The MRO may verify a test as positive without having communicated directly with the Officer about the test in two circumstances:

a. The Officer expressly declines the opportunity to discuss the test;
or,
b. The Office of Internal Investigation has successfully made and documented a contact with the Officer and instructed the Officer to contact the MRO and more than five days have passed since the date the Officer was successfully contacted by the Office of Internal Investigation.

6) If a test is verified positive under the circumstances specified in paragraph (5)(b) of this section, the Officer may present to the MRO information
documenting that serious illness, injury, or other circumstances unavoidably prevented the Officer from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification, allowing the Officer to present information concerning a legitimate explanation for the confirmed positive test.
If the MRO concludes that there is a legitimate explanation, the MRO declares the test to be negative as per (f) below.

7) Following verification of a positive test result, the MRO shall refer the case to the Office of Internal Investigation.
h. Before the MRO verifies a confirmed positive result for opiates, he or she shall determine that there is clinical evidence — in addition to the urine test –of unauthorized use of any opium, opiate, or opium derivative (e.g., morphine/codeine). (This requirement does not apply if GC/MS confirmation
testing for opiates confirms the presence of 6-monoacetylmorphine).

i. Should any question arise as to the accuracy or validity of a positive test result, only the MRO is authorized to order a reanalysis of the original sample and such retests are authorized only at laboratories certified by HHS and which may be selected by the Officer as long as such laboratory is certified by NIDA utilizing the same certification levels referred to in the “Laboratory Procedures”, paragraph 5, subparagraph (g) of this policy The MRO shall authorize a reanalysis of the original sample if requested to do so by the Officer within 72 hours of the Officer’s having received actual notice of the positive test. If the retest is negative, the MRO shall declare the final result to be negative.

j. If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test result to the Office of Internal
Investigation as negative and shall include in the report a list of all prescription medications being used by the Officer.

k. Additionally, the MRO, based on review of inspection reports, quality control data, multiple samples, and other pertinent results, may determine that the result is scientifically insufficient for further action and declare the test specimen negative. In this situation the MRO may request reanalysis of the original sample before making this decision. The laboratory shall assist in this review process as requested by the MRO by making available the individual responsible for day-today management of the urine drug testing laboratory or other employee who is a forensic toxicologist or who had equivalent forensic experience in urine drug testing, to provide specific consultation as required by the Department.

l. Except as provided in this paragraph, the MRO shall not disclose to any third party any medical information provided by the Officer to the MRO as a part of the testing verification process.

m. 1) The MRO may disclose such information to the Office of Internal Investigation only if in the MRO’s reasonable medical judgment the information indicates that continued performance by the Officer of his or her safety sensitive function could pose a significant safety risk.

2) Before obtaining medical information from the Officer as part of the verification process, the MRO shall inform the Officer that information may be
disclosed to third parties as provided in this paragraph and the identity of any parties to whom information may be disclosed.

7. Protection of Sworn Personnel Records

8. Department contracts with laboratories require that the laboratory maintain sworn personnel test records in confidence. The contracts will provide that the laboratory shall disclose information related to a positive drug test only to the Office of Internal Investigation.

9. Individual Access to Test and Laboratory Certification Results Any Officer who is the subject of a drug test conducted under this policy shall, upon written request to the Chief, Bureau of Professional Standards and Development , have access to any records relating to his or her drug test and any records relating to the results of any relevant certification, review, or revocation-of-certification proceedings.
Positive test results for drug and/or alcohol shall be retained by the Department and processed as in the same manner as are any violations of Department Rules and Procedures. Documentation leading up to or supporting a decision to test where the test is positive shall be retained and/or processed in the same manner as any violation of Department Rules and Procedures. Documentation leading up to a decision to test where the test is negative shall be filed separately with the Superintendent, Chief of the Bureau of Professional Standards and Development and shall remain confidential.

Appendix D
PROCEDURES FOR ANNUAL HAIR TESTING

A. Tracking System – The Department shall develop and maintain a tracking system that ensures each Officer who is subject to Annual Testing will undergo a hairtest as required by Rule 111, sec. V, para. G.
B. Notification to Submit – The Department shall provide to Commanding Officers a listing of those Officers who shall be required to submit to an annual hair test.
The Commanding Officer or his/her designee shall notify the Officer when he/she shall submit to the test at Occupational Health Services.
C. Collection Personnel – Certified employees of the Occupational Health Services Unit shall perform all hair sample collections.
D. Identification of Officer’s Identity – The Officer’s identity shall be verified by checking the driver’s license or other photo identification. The Department, including personnel from the Occupational Health Services Unit, may do a visual identification of the Officer, however this must be noted on the Test Request Form.
E. Completing the Test Request Form – The Test Request Forms (TRF) are preprinted forms that are coded specifically to the Department. The collection personnel shall fill out the form in the presence of the Officer. The TRF includes information such as the collector’s identity, the Test Subject Identification Number, and where the sample was collected (ex., crown of head, nape of the neck).
F. Completing the Sample Acquisition Card (SAC) – The SAC is a card that will hold the hair sample during transportation. A foil used for collection is included with the card. These steps may occur prior to or after the collection of the hair sample and shall be completed in the presence of the Officer.

1. The collection personnel shall sign and date the SAC. The collection personnel shall write the Test Subject Identification Number on the SAC.
This number must match the number listed on the TRF.
2. The collection personnel shall place the bar code from the TRF on the SAC to ensure the two documents are identified with one another.

G. Collecting the Hair Sample – The collection personnel shall complete each of the following steps in the presence of the Officer.

1. The collection personnel will grasp a small lock of hair approximately ½ inch wide by one strand deep when held flat and cut the sample close to the scalp. If the head hair is not available other body hair shall be collected.
2. The sample is then placed in the foil with the root ends extendingapproximately ¼ inch. The foil is pressed together, trapping the sample
inside. If the hair is long, the collection personnel will wrap the remaininghair around the foil.
3. The collection personnel shall place the sample inside the SAC, sign anddate the integrity seal, and place the integrity seal over the designated
spot on the SAC.

4. The Officer shall initial the SAC in the space provided.
5. The Officer shall complete the Donor Certification section of the TRF that includes the Officer’s name and telephone number. In the comments
section, the donor may provide additional information for the Medical Review Officer (MRO), (ex., use of prescription medicine or an additional
phone number where the MRO can contact the Officer if the need arises).
6. The copy of the TRF that contains the Donor Certification section shall be separated from the TRF and placed in a sealed envelope addressed to the MRO. The Officer shall initial and date the sealed envelope. The sealed envelope shall be kept in a secured area until sent to the MRO, at the next regularly scheduled pick-up using an overnight carrier.
7. The collection personnel shall place the SAC and a copy of the TRF into the collection pouch and seal the pouch.
8. The Officer shall initial and date the collection pouch in the space provided.

H. Storing and Shipping the Sample – The sealed collection pouch shall be kept in a secured area until sent to the laboratory, at the next regularly scheduled pick-up using an overnight carrier.

I. Licensed Laboratory – The sample shall be tested at a licensed laboratory that is certified to perform hair testing.

J. Review of Test Result by an authorized Medical Review Officer (MRO) – All hair sample drug test results shall be reviewed by an authorized MRO prior to the
transmission of the test results to the Commanding Officer, Bureau of Professional Standards and Development (BPSD)

1. The duties of the MRO with respect to positive test results are to review and interpret confirmed, positive test results obtained through the Department’s annual hair testing program. In carrying out this responsibility, the MRO shall examine alternative medical explanations for any positive test result. This action may include conducting a medical interview and review of the Officer’s medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested Officer when a positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results for hair samples that are not obtained or processed in accordance with the procedures set forth herein.

2. Prior to making a final decision to verify a positive test result for an Officer, the MRO shall give the Officer an opportunity to discuss the test
result with him. For example, there may be a legitimate positive test result for the use of legally prescribed or dispensed medication such as
codeine for coughs, narcotic analgesics for pain, tetrahydrocannobinol for cancer, cocaine as a vasoconstrictive anesthetic, etc. It is important to
note that it is highly unlikely that a medically acceptable explanation will be found for the presence of cocaine or marijuana.

3. The MRO shall contact the Officer directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. A staff person under the MRO’s supervision may make the initial contact, and a medically licensed or certified staff person may gather information from the employee. Except as provided in Paragraph J(5) of this Section, the MRO shall talk directly with the employee before verifying a test as positive.

4. If after making all reasonable efforts and documenting them, the MRO is unable to reach the Officer directly, the MRO shall contact BII who shall contact the Officer and direct him to contact the MRO as soon as possible. If it becomes necessary to reach the Officer through BII, the Bureau shall employ procedures that ensure, to the maximum extent practicable, that the requirement that the Officer contact with the MRO is held in confidence.

5. The MRO may verify a test result as positive without having communicated directly with the Officer in three circumstances.

a. If the Officer expressly declines the opportunity to discuss the test result, the test shall be reported as positive.

b. If BII has successfully made and documented a contact with the Officer and instructed the Officer to contact the MRO and more
than five calendar days have passed since the date the Officer was successfully contacted by BII and the Officer has not contacted
the MRO, the test shall be reported as positive.

c. If after making all reasonable efforts and documenting them, BII has not been able to contact the Officer and fourteen calendar days have passed since BII’s first documented attempt to contact the Officer, the test shall be reported as positive.

6. The MRO shall report to BII any samples that were not suitable for testing. When BII receives a test result that indicates the hair specimen was an inadequate specimen and/or was not testable for any other reason, BII shall contact the Officer and require him/her to provide another specimen for testing provided the collection occurs on or within thirty (30) calendar days of that Officer’s birthday.

7. The MRO shall report whether the verified test result is positive or negative to BII. If the MRO, in his/her sole medical opinion, concludes there is a legitimate medial explanation for the positive test result, the MRO shall report the test result as negative to BII.

8. BII shall notify each Officer who receives a positive test result and the provisions of Rule 111 shall apply.

K. Safety-Net Tests – If an Officer receives a positive, confirmed hair test result, the Officer may request a safety-net test. The safety-net test must be performed under the same or more stringent procedures as recommended by the manufacturer.

1. To request the safety-net test, the Officer must submit a written request to the Commanding Officer, BII within 72 hours of being notified by BII of the positive test result. BII shall notify Occupational Health that a safetynet test has been requested, and Occupational Health shall schedule the safety-net test forthwith. The Officer must pay for the costs of the safetynet test and the MRO review, payable by check made out to the City of
Boston at the time of the sample collection.

2. For Officers who have requested a safety-net test, the Department shall immediately place the Officer on administrative duty pending the outcome of the safety-net test. While on administrative duty the Officer shall not carry a firearm and shall not be eligible for overtime or details.

3. If the result of the safety-net test result is negative, the Officer shall be reimbursed for the costs of the safety-net test and the MRO review and shall be made whole, e.g., paid for any overtime or details he/she would have been eligible to perform pursuant to the current collective bargaining agreement. Likewise, said hours shall be recorded and posted pursuant to the current collective bargaining agreement. In addition, the
Officer’s IAD file shall be expunged of the prior positive test result that led to the safety-net test.

L. Access and Storing of Test Results – Any Officer who is the subject of a hair test conducted under this procedure shall, upon written request to the Commanding Officer, BII, have access to any and all record(s) relating to his/her hair test result that is/are in the possession of the Department. Such results and records are confidential medical information and shall not be disclosed without the Officer’s consent except to the extent necessary to effectuate the purposes of the Department’s Substance Abuse Policy. Positive hair test results shall be retained by the Department and processed in the same manner as any violations of Department Rules and Procedures.

M. Applicability of Rule 111 – The hair testing procedures are effective pursuant to the collective bargaining agreement. Nothing contained herein alters the current Substance Abuse Policy as it relates to other drug/alcohol testing, procedures, or requirements, e.g., switching, adulterating or refusing to be tested are prohibited by

Section IV of Rule 111.

Notes:

Amended by SO 07-016, issued April 2, 2007, update the organization names to reflect the new BPD organizational structures. Appendix C
(4-26).
Amended by Special Order 07-056, issued October 3, 2007, Sec. V Line F. “Entry and Apprehension Team” or “Entry Team” in Boston Police Rules and Procedures and Special Orders changed to “Boston Police SWAT Team”.
Amended by SO 08-034, issued 09/12/2008, All references to the “Ballistics” or “Ballistics Unit” shall be amended to Firearms Analysis Unit. All references to the “Ballistician” or the “Department Ballistician” shall be amended to the Firearms Examiner. Section V, paragraph F.

Rule 112 - Defining Departmental Written Directives

May 31, 1995

The purpose of this Rule is to standardize the usage and issuance of the various types of written orders, rules, memorandums and other official forms of written communication within the Department.

Sec. 1 General Considerations: Currently within the Boston Police Department there are a number of different types of documents that are used to apprise employees about topics such as new policies and procedures, new programs, law changes, job postings or training opportunities. In order to eliminate confusion over which document is the appropriate medium for a particular subject, the following documents shall only be used in accordance with their definitions, as defined below.

Sec. 2 Definitions: Rule and Procedure – a document that details duties, responsibilities, Department policies and procedures for an individual or a Unit that must be followed in all or in certain specified conditions. A Department Rule and Procedure does not have an expiration date and continues in full force and effect unless superseded or rescinded.
Special Order – A Special Order announces and puts into effect a new Department program or policy which changes previously existing duties and responsibilities or previously existing policies and procedures for an individual or a Unit. It may also announce the formation of new Offices, Units and Task Forces and detail their responsibilities. Special Orders continue in effect until such time as they are superseded or rescinded, but shall be reviewed by the Executive Committee on Rules and Procedures approximately one year from the date on which they became effective. At that time, the Executive Committee on Rules and Procedures shall determine whether a Special Order shall continue in effect or be incorporated into a Rule and Procedure.
Commissioner’s Memorandum – A Commissioner’s Memorandum shall be used to make announcements or to convey information about a specific event or activity. Examples of proper subjects of a Commissioner’s Memorandum are: employment or training opportunities; declaration of a special day, i.e., Blood Relief Day, Policeman’s Mass, et al; description of a City of Boston or private corporation’s new program. Since this is an informational document, it has no specific expiration date beyond those that might be mentioned within the document concerning an application deadline, etc..
Training Bulletin – Police officers are responsible for being aware of changes in the law as they occur. To assist officers in keeping abreast of such changes, the Boston Police Academy issues Training Bulletins that summarize the laws or explain currently acceptable and recommended police procedures. Although they are designed to be informational in nature, to the extent that such bulletins state that a particular procedure is either mandated by law or is the proper way an act should be performed, that bulletin constitutes official Department policy and shall be followed.

Prior to their issuance and distribution, Training Bulletins shall be referred to the Office of the Legal Advisor for review and approval as to law and then referred to the Rules and Procedures Review Committee. The Rules and Procedures Review Committee shall determine whether the proposed Training Bulletin is consistent with other Department policies and procedures and shall also make a determination as to whether the subject matter should be issued as a Special Order or Department Rule and Procedure instead of, or in addition to, a Training Bulletin.

Upon being approved, Training Bulletins shall be forwarded, with or without changes, to the Police Commissioner for his signature. Training Bulletins have no expiration date, but may be superseded or rescinded by newer bulletins or other Department written directives when laws and/or policies change. In addition, Training Bulletins shall be reviewed by the Executive Committee on Rules and Procedures approximately one year from the date on which they became effective. At that time, the Executive Committee on Rules and Procedures shall determine whether the Training Bulletin shall continue in effect or be incorporated into a Rule and Procedure.

Sec. 3 Rule and Special Order Submission and Approval Procedures: Except for emergencies or situations requiring immediate action, all proposals requiring a change or addition to the Rules and Procedures, or the issuance of a Special Order, shall be submitted to the Rules and Procedures Review Committee for their review and approval.

Upon being reviewed and approved, the proposal shall be forwarded, with or without changes, to the Executive Committee on Rules and Procedures for final review.

The Executive Committee on Rules and Procedures may decline any action on the proposal (i.e., disapprove it), forward the proposal to the Police Commissioner, with or without changes, or return it to the Rules and Procedures Review Committee for further consideration.

Sec. 4 Emergency Situations: Emergencies or special situations requiring immediate action may be brought to the attention of the Police Commissioner, utilizing the appropriate chain of command, without first being referred to the above committees.

Sec. 5 Police Commissioner’s Approval: Before any Department Rule and Procedure, Special Order, Commissioner’s Memorandum or Training Bulletin may be issued, it must be approved and signed by the Police Commissioner.

Rule 113 - Public Integrity Policy

May 31, 1995

Sec. 1 PURPOSE: The purpose of this policy is to set forth the standards of ethics which will guide both the Boston Police Department, as an organization, and its officers and employees in the conduct of their private and professional affairs.

Sec. 2 BACKGROUND: Policing in America today, especially in a major urban area, is a complex and, for many, a stressful occupation. Naturally, the police role has evolved greatly over the years. Officers now face enormous dangers to their physical and mental health. The increased level of violence and the increased level of sophistication of today’s criminal present unprecedented challenges for the criminal justice system, especially for those in law
enforcement. Additionally, the temptations that they face have created an added stress for the men and women who are on the front lines in the battle against crime and disorder. These temptations not only include possibilities of personal gain, monetary and otherwise, they also encompass over-zealousness in the investigation and prosecution of criminal suspects.
In order to maintain the highest standards of honesty and integrity–as a Department and as individuals–we need to attract and retain persons of outstanding character who are qualified and willing to meet the challenges of policing a diverse urban center such as Boston.
Additionally, we need to correct and retrain those who have acted in a manner inconsistent with the values of the Boston Police Department and punish and/or terminate those who are unable or unwilling to act in accordance with established standards of ethical behavior.
The necessity of such a course of action–and the need to establish and articulate a public integrity policy–is undeniable given the history of problems encountered in most American police departments, especially those in large urban areas. Boston certainly has not been immune to those problems. Corruption, brutality, falsifying evidence, and bias cannot be tolerated among individuals sworn to uphold the law. Nor can hypocrisy, unfairness, deceit and discrimination be tolerated in an organization dedicated to the highest ideals of justice and the rule of law.

The Boston Police Department, mindful of its crucial role in a democratic society, has embraced those principles and values that reflect its commitment to preserving life and property while respecting the rights and dignity of all those with whom it may become involved. Accordingly, we rededicate ourselves to those principles and values by formally adopting ethical standards that will enable us to uphold the public trust. Through the adoption of this policy statement, we reaffirm our responsibility to be accountable for our actions and the conduct of our employees.
By doing so, we hope to continue to merit the trust and support of the people that we have sworn to serve.

Sec. 3 POLICY: It is the policy of the Boston Police Department that every action of the Department as an organization, and those of the individuals who act on its behalf, will reflect the highest standards of honesty and integrity. In all of our dealings, whether with the public, other elements of the criminal justice system, or with each other, we will act in accordance with the ethical standards that are set forth below. Additionally, it is the responsibility of each and every member of the Boston Police Department to adhere to those standards and to take all necessary and prudent actions to expose those who knowingly violate the public trust. It is the responsibility of the Department to prevent, detect and correct instances of misconduct, administrative or criminal, within the organization.

Sec. 4 DEFINITIONS:
Integrity: Soundness of moral principles; the character of uncorrupted virtue; uprightness, honesty, self-control, courage, compassion.

Public Trust: Exercising public authority within the legal limits and according to the ends for which it was created, i.e., to serve the public interest.

Authority: The legally-granted right to issue commands or give directions to others.

Discretion: The authorized capacity to make judgments and choose from among a variety of actions, within the limits of law and Departmental policy, to resolve a problem.

Ethics: Standards or principles of conduct governing a profession; the rules of conduct or duty.

Corruption: Acts involving the misuse of authority by an employee in a manner designed to produce personal gain for himself, herself, or others.

Falsifying Evidence: Fabricating evidence that does not exist; destroying or distorting material evidence; knowingly failing to seek, discover or bring forth evidence that a reasonable person/officer would conclude might have an impact on the outcome of a matter before a court or tribunal of competent jurisdiction, and which prudence and justice dictates should be brought to the attention of a magistrate, officer of the court or hearing officer; or lying or deliberately misrepresenting the truth while under oath.

Bias: The use of authority, legal or otherwise, which results in the unequal application of the law toward some identifiable group or group member because of his/her affiliation with that group.

Employees: All sworn and civilian employees.
Supervisor: Supervisors, managers, directors and commanders.

Sec. 5 CANONS OF ETHICS: General Statement – In furtherance of this policy, the following Canons of Ethics are adopted. They are not meant to be exclusive, but are presented because history and sound judgment indicate that violations of these canons severely undermine the ability of the Department to gain the confidence of both its employees and the public, and also negatively affect its ability to fulfill its essential mission. They are not meant to replace or supersede existing laws, special orders, rules or regulations, but to supplement them; they also serve as a reminder of the public trust that has been conferred upon the Boston Police Department by the citizens of Boston, and the need for constant vigilance in support of that trust.

Canon One: The Boston Police Department and every employee acting under its authority shall uphold the Constitution of the United States, the Constitution of the Commonwealth of Massachusetts and all laws enacted or established pursuant to legally constituted authority.

Canon Two: As a law enforcement organization, the Boston Police Department and its agents shall treat all those with whom it comes into contact, or who may seek its assistance, or who may come under its care or custody, with the respect and dignity inherent in every person.

Canon Three: As an employer, the Boston Police Department shall treat its personnel with fairness, respect, and consideration in all aspects of the job including hiring, assignment, promotion, training, collective bargaining, discipline and, when necessary, termination. It shall establish and promulgate rules, procedures and orders in such a manner as to promote professionalism, merit, and equal opportunity for advancement as well as equal access to
resources. The Department shall value communication and solicit and respect the opinions of its employees on matters in which they have expertise, or which may affect their professional interests.

Canon Four: Police officers shall at all times be prepared for the proper discharge of their duties; knowledgeable in the law and legal procedures; competent in the use of authorized weapons and tactics; respectful of other elements in the criminal justice system; and possessing the necessary temperament and attitude to effect the cause of public safety and justice.

Canon Five: Employees shall be impartial in the use of their authority, providing fair access to their services and favoring no group or individual for any improper reason. They shall not allow their prejudices or biases to affect their official actions. They shall exercise their discretion so as to achieve the ends of justice and in a manner consistent with the rule of law and Departmental policy.

Canon Six: Employees shall avoid all conflicts of interests and appearances of impropriety. They shall never seek or accept gratuities when it can be construed to involve their official position within the department.

Canon Seven: Employees shall not engage in any corrupt or unlawful activity. They shall immediately report all corruption and illegal activity involving members of the Department that may come to their attention to the Anti-Corruption Division.

Canon Eight: Employees shall conduct their private affairs so as not to reflect unfavorably on the Boston Police Department; or in such a manner as to affect their ability to perform their duties honestly, effectively, fairly, and without impairment.

Canon Nine: Police officers shall use only that amount of force reasonably necessary to achieve their lawful purpose. Excessive or unauthorized force is never justified and every officer not only has an affirmative duty to intervene to prevent such violence, but also to report any such instances that may come to their attention.

Canon Ten: Police officers shall exhibit the utmost respect for the legal rights of all. They shall not falsify evidence nor deny to anyone the equal protection of the law. They shall attend to all proceedings where their presence is necessary to the administration of justice and shall conduct themselves professionally and respectfully before any court or tribunal. Police reports and records shall adequately reflect the truth as it is known to the officer at the time they are created.

Canon Eleven: While the responsibility to uncover and report knowledge of illegal and unethical conduct belongs to all employees, regardless of rank or assignment, members of the command staff and supervisors may be personally accountable for the actions of the personnel under their command if they knew or should have known that their actions were illegal or unethical.
This places upon them a specific duty to proactively prevent, detect, expose and punish improper conduct. Additionally, they shall conduct themselves in such a manner as to serve, by uncompromising adherence to these canons, as an example to those who serve under them.

Sec. 6 GENERAL RESPONSIBILITY: The Boston Police Department Rules and Procedures direct which unit or division shall have responsibility for certain areas of misconduct. Generally, the Anti-Corruption Division has responsibility for the investigation of ongoing criminal activity that involves abuse of position by an employee. Examples of that conduct are bribery, unlawful drug usage or distribution, extortion, conflict of interest, fraud and gaming.

The Internal Affairs Division is responsible for the administrative investigation of all police misconduct, including violations of the law. It is also responsible for monitoring complaint histories of all officers to identify and address those officers that may have developed a pattern of troublesome behavior, or who may be unfit or unsuitable for particular assignments. The Internal Affairs Division may also investigate licensed Special Police Officers who violate their license under Rule 400 or 400A.

Additionally, the Internal Affairs Division will ensure that the integrity and character of police applicants is considered when evaluating their fitness to become members of the Department.
Other agencies may have exclusive or concurrent jurisdiction for handling other types of misconduct, criminal or administrative, depending on the offense and the circumstances.
Current rules and directives should be consulted to determine the appropriate investigative entity or entities.

SPECIFIC RESPONSIBILITIES
Historically, investigations of police misconduct have been reactive in nature and initiated only when the wrongdoing has been alleged or exposed for some reason. However, the Public Integrity Policy of the Boston Police Department incorporates the concept of proactive prevention to ensure that integrity is maintained in the organization at all times. Accordingly, specific responsibility is assigned to certain units, and the commanders and supervisors of those
units. Additionally, those units or individuals will be held accountable for maintaining integrity in those areas of responsibility.

The following procedures and processes are instituted to assure that the goals of this policy are implemented by clearly defining areas of responsibilities.

1. The Anti-Corruption Division
Officers of the Anti-Corruption Division will be responsible for handling corruption prevention programs as well as proactive and reactive investigations. Specifically, they will:

A. Review monthly summations of citizen and internal complaints for indicators of misuse of authority by a Department employee or misuse of City of Boston employee status for personal gain.
B. Review the findings of Internal Affairs investigations for patterns of conduct which are indicative of corrupt police behavior.
C. As appropriate, cooperate in the investigation of any City of Boston employee with or by any other agency including state, local, or federal authorities, offices of the various district attorneys, the office of the U.S. Attorney or the office of the Attorney General of the Commonwealth.
The commanding officer of the Anti-Corruption Division shall be responsible for determining whether an investigation will be conducted solely by the Anti-Corruption Division or cooperatively with another unit, division, district, or area within the Department. In any event, the Anti-Corruption Division will maintain an oversight role in any criminal or corruption related investigation of any Department employee.
D. Review the results of department inspection and audit reports to specifically identify indicators of corruption.
E. Operate a reporting method for citizens and Department/City of Boston employees to report behavior indicative of corruption.
F. Immediately notify the Police Commissioner through the Chief, Bureau of Professional Standards and Development when a suspicion of significant corruption enters an investigation. Inform an employee’s commanding officer of such a suspicion as soon as possible when such notification would not negatively impact an on-going investigation and/or prosecution. Upon the arrest, indictment, or commencement of any other criminal proceeding the Anti-Corruption Division shall notify the following:

1. The Police Commissioner
2. Chief, Bureau of Internal Investigations
3. Employee’s Bureau Chief
4. Employee’s Commanding Officer

G. Coordinate, in cooperation with the Commander of the Training and Education Division, in the development and conducting of informational and educational sessions for members of the Department as may be deemed appropriate by the Chief, Bureau of Professional Standards and Developmentor the Police Commissioner.
H. Be notified and review its records before a personnel order is issued promoting, transferring, commending, or rating Department personnel. After such review, the AntiCorruption Division will notify the Chief, Bureau of Professional Standards and Development concerning the status of active investigations or complaints sustained.
I. Ensure that criminal or corruption related investigations of Department employees will be conducted in full conformance with the rules and procedures of the Boston Police Department, state and federal laws and court decisions, especially as they relate to employee’s rights and protections against self-incrimination. Investigations will be conducted without regard to influences, pressures, or mandates from those who would
improperly seek to affect the outcome of any investigation.
J. Have the option to coordinate any prosecution in a criminal court involving a Department employee with the appropriate district attorney’s office, the Office of the Attorney General of the Commonwealth, or the Office of the United States Attorney.
K. Maintain records, files, and other data as appropriate to the proper functioning of the Division. Such information shall be only accessible to officers of the Anti-Corruption Division, the Chief of the Bureau of Professional Standards and Development and the Police Commissioner. Anonymity and confidentiality, where appropriate, shall be respected and strictly adhered to.
The mission of the Anti-Corruption Division shall not be limited to investigations of allegations of corruption or criminality on the part of employees of the Boston Police Department, but may include investigations of any agency, department, division and its employees of the City of Boston as may be deemed appropriate by the Police Commissioner. Further, the Anti-Corruption Division shall be authorized to conduct any other investigation as may be directed by the Police Commissioner.

2. The Internal Affairs Division
The Internal Affairs Division shall be required to immediately notify the Anti-Corruption Division concerning any allegation of corruption or serious criminal activity reported to them or uncovered during the course of any internal affairs investigation.
On a monthly basis it shall submit a report to the Chief of the Bureau of Professional Standards and Development containing information that may assist in determining whether patterns of corruption may be developing. Specifically, the report shall contain the following information for the preceding month:

Names of Department employees complained against;
the nature of the complaint, and;
prior complaints (and dispositions) for each employee complained against.
This report will be forwarded to the Anti-Corruption Division for review and analysis for potential linkage to ongoing Anti-Corruption Division investigations.

3. Supervisors
Supervisors will be accountable for the foreseeable or preventable illegal conduct of those employees under their assigned area of supervision or command.
Supervisors are responsible for reporting any suspicious behavior which they knew or should have known was indicative of corruption. This behavior may include duty-related activities, personal or off-duty related activities, or personal patterns of conduct that may come to their attention through any means.
Commanders are responsible for monitoring the activities of their subordinate supervisors, especially in regard to the supervisor’s concern for accountability and integrity within his/her respective unit or area of supervision.

4. All Officers and Employees
The established and published values of the Boston Police Department are applicable to all Department employees. All Department employees are responsible for reporting other Department employees whose behavior is clearly illegal or who exhibit behavior that a reasonable and prudent employee would clearly judge to be indicative of illegal activity.
All Department employees are required to fully cooperate in any investigation being conducted by the Anti-Corruption Division without regard to the conventional requirements of the chain of command. Said cooperation shall include, but is not limited to, providing the Anti-Corruption Division with any oral or written reports required by investigators, taking into consideration any and all protections against self-incrimination; any and all records, documents, or any other items of evidentiary or investigative value known to the employee or requested by AntiCorruption Division investigators.

Sec. 7 RESPONSE AND REPORTING PROCEDURES: Whenever any Department employee receives a complaint, or is made aware of a complaint through any means–whether written, oral, identified complainant or anonymous; or whenever any Department employee is made aware of any criminal activities or allegations of corruption by any Department member(s) or other City of Boston employee(s); the employee shall adhere to the following procedures:

a. Notify a sworn member of the Anti-Corruption Division, within 24 hours of being made aware of the activity or allegation by calling the Anti-Corruption Division (617)343-4366.
If it is after normal business hours or sworn personnel are unavailable, then a message and return telephone number should be left and the call will be forwarded to an on-call investigator who will return the call forthwith.
b. Following oral notification, the employee shall submit within 24 hours a written report detailing his/her knowledge of the relevant activities or allegations directly to the Commander of the Anti-Corruption Division. Normal chain-of-command requirements and formal procedures pursuant to Rule 109 are specifically exempt from those situations covered by this rule.
c. Subsequent communications regarding such activities or allegations shall only be between the employee and the Anti-Corruption Division directly unless the Police Commissioner, the Chief of the Bureau of Professional Standards and Developmentor the Commander of the Anti-Corruption Division determines otherwise.
d. Refrain from discussing a matter referred to the Anti-Corruption Division with any other individual(s) without the consent and knowledge of the Police Commissioner, the Chief of the Bureau of Professional Standards and Developmentor the Commander of the Anti-Corruption Division.

The reporting requirements, as set forth in this section, shall not be construed as abrogating the responsibility of a sworn member of the Department from taking appropriate action as required by law or dictated by prudence and the exercise of sound judgment, when confronted with a situation involving criminal acts.

The criminal investigation of allegations of corruption and/or criminal behavior shall take precedence over any administrative disciplinary proceeding or investigation. However, such criminal investigation shall not preclude the Department from proceeding administratively against an employee provided that the administrative investigation or proceeding does not compromise a criminal investigation.

Sec. 8 Information regarding investigations of corruption or alleged criminal activity by members of the Department will be released to the public and media if deemed appropriate by the Police Commissioner or the Chief of the Bureau of Internal Investigations.

Sec. 9 Failure to follow the reporting requirements of this rule and any other applicable rules, or violation of any other section, may result in disciplinary action, up to and including termination.

Notes:

Amended by SO 07-016, issued April 2, 2007, update the organization names to reflect the new BPD organizational structures. Section 6 (1) (B,F,G,H,K) and (2), Section 7 (C,D), Section 8.

Rule 113A - Bias-Free Policing Policy

May 25, 2021

Rule 113A, Bias-Free Policing Policy is hereby issued superseding all previous rules, special orders, memos and directives on this subject.
This rule is effective immediately.
As part of the Boston Police Department's ongoing commitment to police reform Rule 113A Bias- Free Policing has been updated based on Massachusetts Police Reform Legislation and the recommendations of Mayor Walsh's Task Force on Police Reform. The Department also used the International Association of Chiefs of Police (IACP) model bias-free policing policy as a guide, adapting their format and language to fit the BPD. This policy has been reviewed by an internal BPD DEI committee as well as the Mayor's Office of Equity.

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

Gregory P. Long

Superintendent In Chief

Section 1. General Considerations
The Boston Police Department is committed to building and strengthening trust with all members of the community. Actual or perceived bias by police undermines this trust and damages relationships with the community – relationships that are at the heart of an effective community policing approach. Bias practices are unfair, ineffective, promote mistrust, and perpetuate negative and harmful stereotypes. The Department recognizes that bias can occur at both an individual and an institutional level. All members of the Boston Police Department (sworn and civilian) are committed to providing services and enforcing laws in a professional, nondiscriminatory, fair, and equitable manner. The Boston Police Department is committed to bias-free policing.

Section 2. Policy
All people having contact with Boston Police Department personnel shall be treated in a fair, impartial, bias-free, and objective manner, in accordance with law, and without consideration of specified characteristics as defined in this policy.

Section 3. Purpose
The purpose of this policy is to emphasize the Boston Police Department’s commitment to fair and bias-free treatment of all people and to clarify the circumstances in which Department personnel may consider specified characteristics when carrying out duties. Fair and bias-free policing enhances legitimate law enforcement efforts and promotes trust within the community.

Section 4. Definitions

Sec. 4.1 Bias-free Policing, as defined by MGL Chapter 6E Section 1:

“Bias-free policing”, policing decisions made by and conduct of law enforcement officers that shall not consider a person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level. This definition shall include policing decisions made by or conduct of law enforcement officers that: (1) are based on a law enforcement purpose or reason which is non-discriminatory, or which justifies different treatment; or (2) consider a person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level because such factors are an element of a crime.

Sec. 4.2 Biased Policing: Discrimination in the performance of law enforcement duties or delivery of police services, based on personal prejudices or partiality of department personnel toward classes of people based on specified characteristics.

Sec. 4.3 Police Services: Includes the full spectrum of police interactions with the community in the service of public safety. This includes law enforcement, community policing, community engagement, and partnerships with governmental and non-governmental organizations.

Sec. 4.4 Specified Characteristics: For the purposes of this policy, real or perceived personal characteristics, to include but not limited race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level. (Per MGL Chapter 6E Section 1 definition of bias-free policing listed above.)

Section 5. Fair and Impartial Treatment: Use of Personal Characteristics in Law Enforcement Activities

Per MGL Chapter 6E Section 1, bias-free policing includes “policing decisions made by or conduct of law enforcement officers that: (1) are based on a law enforcement purpose or reason which is non-discriminatory, or which justifies different treatment; or (2) consider a person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level because such factors are an element of a crime.” (See definition of bias-free policing in Section 4.)

Biased policing is prohibited both in enforcement of the law and the delivery of police services.
Department personnel shall take equivalent enforcement actions and provide bias-free services to all people in the same or similar circumstances. This does not mean that all people in the same or similar circumstances must be treated identically. Reasonable concessions and accommodations may be, and sometimes should be made, for example when dealing with people with disabilities, injury, or illness.
Department personnel may only consider specified characteristics when credible, timely intelligence relevant to the locality links a person or people with a specified characteristic(s) to a particular unlawful incident, or to particular unlawful incidents or criminal patterns.
Restrictions on the use of specified characteristics do not apply to law enforcement activities designed to strengthen the agency’s relationship with its diverse communities.

Section 6. Training
All sworn Department personnel will receive periodic in-service training and, where deemed necessary, remedial training on subjects related to fair and bias-free policing, to include legal aspects and the psychology of bias.

Section 7. Compliance: Supervision and Discipline
1. Where appropriate, Department personnel are encouraged to intervene at the time the biased policing incident occurs. Department personnel who witness or who are aware of instances of biased policing shall report the incident to their immediate supervisor.
2. Supervisors shall:

a. Ensure that all Department personnel in their command are familiar with the content of this policy and shall be alert and respond to indications that biased policing is occurring.
b. Respond to violations of this policy with training, counseling, discipline, or other remedial intervention as appropriate to the violation.
c. Ensure that those who report instances of biased policing are not subject to retaliation.

3. Information on biased-policing complaints and any additional relevant information shall be provided to the Police Commissioner in a manner most suitable for administrative review, problem assessment, and development of appropriate officer-level and/or agency-level corrective actions. At least annually, a summary of biased-policing complaints will be provided to the Police Commissioner.

Section 8. Transparency and Accountability
The Department is committed to an ongoing and open dialogue with community leaders to ensure that it is engaging in bias-free policing. The Department is committed to community policing in all of the City’s neighborhoods, proactively engaging with youth, families and community members to build lasting relationships, solve problems, and prevent crime.

The Department is committed to continuing analysis and public release of data related to documented police interactions with community members. The Boston Police Department Accountability and Transparency webpage on boston.gov with associated interactive data dashboards will be an important tool for review and analysis and provides transparency to the community.

Gregory P. Long
Superintendent In Chief

Rule 113B - Transgender Policy

Special Order # 13-025, Transgender Policy is hereby rescinded.

Rule 113B, Transgender Policy is hereby issued superseding all previous rules, special orders, memos and directives on this subject.

Spearheaded by the Boston Police Department’s liaison to the LGBTQ community, improvements to Boston Police Department policies related to transgender individuals have been made based on the National Center for Transgender Equity’s Analysis of the Boston Police Department Policy, as well as review and input by advocacy groups, activists, the City’s Equity and Inclusion Cabinet, and the City’s Liaison to the LGBTQ community.

Specific improvements address recommendations regarding:

Availability of Policy on Transgender Interactions
Non-Discrimination Based on Gender Identity
Non-Binary Recognition
Transportation
Placement in Temporary Lock Up
Access to Medical Care in Lock up
Removal of Appearance Related Items
Bathroom Use

Please note, Rule 102 The Conduct and General Rights and Responsibilities of Department Personnel is being amended in a separate special order to include “gender identity” in Section 9 Respectful Treatment. Rule 318 Prisoners is also being amended in a separate special order requiring officers to report mileage when transporting all prisoners, not just female prisoners as was the previous requirement.

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

April 12, 2021

Section 1. General Considerations
Consistent with Rule 113A Bias-Free Policing, the Boston Police Department is committed to providing services and enforcing laws in a professional, nondiscriminatory, fair, and equitable manner. The Boston Police Department proactively engages with vulnerable populations to provide access to services, supports and opportunities. The Boston Police Department’s Civil Rights Unit investigates all allegations of Civil Rights violations, and the Bureau of Professional Standards investigates all citizen complaints made against officers or civilian personnel.

The purpose of this Rule is to establish guidelines for the appropriate treatment of transgender individuals who come into contact with the Boston Police Department. The policy of the Boston Police Department is to treat all individuals with dignity, respect, and professionalism. Officers shall at all times abide by Boston Police Department Rule 102 Conduct, Rights and Responsibilities Section 9 (Respectful Treatment) when interacting with transgender individuals. As with all Boston Police Department rules, violation of Rule 113B Transgender Policy may be subject to discipline per Rule 109 Discipline Procedure. The following considerations are a codification of existing procedures and practices.

Section. 2 Definitions
Common Use Name – Non-birth name that a transgender individual uses in self-reference (this may or may not be in the individual’s legal name).

Gender Expression – Social characteristics and behaviors that are socially viewed as masculine, feminine, or androgynous. Gender expression is the external manifestation of one’s gender identity. This can include clothing, hair styles, names, pronouns, and other visual or social elements relative to masculinity, femininity, or androgyny.

Gender Identity refers to a person’s internal sense of and deeply held feeling about their own gender identity and its expression. It is viewed as a sincerely held aspect of one’s core beliefs about oneself. A person’s gender identity may or may not correspond to the person’s identified sex at birth and may change over one’s lifetime. The legal definition of gender identity does not require the individual to have had transitioning surgery or any other medical treatment and additionally that it is not asserted for any improper purpose. Gender Identity is distinguished from sexual orientation.

Non-Binary – Non-binary is a spectrum of gender identities that are not exclusively masculine or exclusively feminine – identities that are outside the gender binary.

Sex – An individual’s biological or anatomical assignment as male, female, or intersex.

Transgender Individual – A person whose gender identity differs from society’s expectation based on the sex they were assigned at birth.

Transgender Man – A person who transitions from female to male, meaning a person who was assigned female at birth, but identifies and lives as a man. A transgender man should be addressed using he/him or whatever pronouns they prefer. Some transgender individuals may use the pronouns “they/ them”.

Transgender Woman– A person who transitions from male to female, meaning a person who was assigned male at birth, but identifies and lives as a woman. A transgender woman should be addressed using she/her or whatever pronouns they prefer. Some transgender individuals may use the pronouns “they/ them”.

Section 3. Forms of Address
Officers shall address transgender individuals by the individual’s common use name. This is true even if the individual has not received legal recognition of the adopted name. In addressing or discussing a transgender person, officers will use pronouns appropriate for that person’s gender expression (she, her, hers, he, him, his). An officer should use “they/them” pronouns if a person articulates those are their pronouns or if an officer is unsure what pronoun to use. If officers are uncertain about which pronouns are appropriate, then officers will respectfully ask the individual.

Section 4. Restrooms
Transgender individuals are permitted to use the public restroom consistent with their identity in all Boston Police Department facilities.

Section 5. Calls for Service
Calls for service or complaints generated by transgender individuals shall be addressed and investigated in a manner that is consistent with all Department policies. No officer shall fail to respond to a call for service based on the gender identity or expression of the caller.

Section 6. Stop and Frisk
Officers shall continue to use standard practices and procedures when conducting “Field Stops” and “Frisks”, and shall abide by Rule 323 Field Interaction/Observation /Encounter Report (FIOE report). Additionally, a search or frisk shall not be performed for the sole purpose of determining an individual’s anatomical gender, and transgender individuals shall not be subject to more invasive search or frisk procedures than non-transgender individuals.

Section 7. Prisoners

Section 7.1. Transportation
Whenever possible, a transgender prisoner shall be transported alone. Officers shall ensure that additional units are called in order to assist with transporting transgender individuals.

Consistent with Rule 318 Prisoners, as with all prisoners, it shall be the responsibility of the operator of the police vehicle to notify the Operations Division Dispatcher via radio transmission of the point of departure, the exact time and the odometer reading. Upon their arrival at their destination they will again notify the Operations Division and again give the time, vehicle mileage and odometer reading.

Section 7.2. Booking
The Booking Officer will process transgender prisoners, including persons held in protective custody and juveniles held in custody, according to normal booking procedures as outlined in Rule 318. When booking a transgender prisoner, the Booking Officer will include the prisoner’s common use name (i.e. name that the individual uses in self-reference) in the booking, either as the primary name or as the “also known as” (a.k.a.) name. The transgender prisoner will be booked under the name appearing on the prisoner’s government-issued identification, as well as under an a.k.a. name where applicable.

If no identification is available, then the Booking Officer will use the common use name for booking purposes, either as the primary or the a.k.a. name. The prisoner’s birth name will be used only if it is the prisoner’s legal name or it is required by a legitimate law enforcement purpose, including but not limited to, a prior arrest record.

Section 7.3. Searches

All searches of the transgender prisoner’s person will be conducted by two officers of the gender requested by the transgender prisoner, whenever possible. If two officers of the preferred gender are not available, the search shall nonetheless be conducted by two available officers. If the prisoner does not specify a preference, then the search will be conducted by officers of the same gender as the transgender prisoner’s gender expression (e.g., a transgender male prisoner’s expressing no preference should be searched by a male officer). The prisoner will also be required to complete the “Statement of Search Preference Form” prior to any search (Form #0076-BFS-0413). Any prisoner who refuses to complete the “Statement of Search Preference Form” shall be searched by officers of the same gender as the transgender prisoner’s gender expression. Officers shall refer to Rule 318D Strip and Body Cavity Searches regarding proper search procedures.

Section 7.4. Conditions during Holding
Whenever possible, a transgender prisoner shall be held in a cell without other prisoners. The Booking Officer and Duty Supervisor shall make all efforts to ensure that the prisoner is held without other prisoners, including looking at availability in any and all other district stations.

Transgender prisoners should be placed in holding cells or holding areas consistent with their gender identity, to the extent possible.

Officers shall not remove appearance related items unless is it a safety issue.

Transgender prisoners requiring medical attention shall be handled as any other prisoner requiring medical attention in accordance with Rule 318. Transgender prisoners should have access to hormone medication if they have a prescription.

Gregory P. Long
Superintendent-in-Chief

Rule 114 - Harassment Policy

October 21, 2016

SEXUAL HARASSMENT, DISCRIMINATION, HARASSMENT, AND RETALIATION POLICY AND COMPLAINT PROCEDURE

PURPOSE: This Rule is issued to revise Rule 114 (revised January 26, 2007) and replace Special Order 95-06, Sexual Harassment Policy, and amendments to that policy cited in Special Orders 96-15, 96-59, and 96-60, as well as Commissioner’s Memorandum 95-126.

SEC. 1 OVERVIEW: The Boston Police Department (the Department) affirms its commitment to appropriate and respectful workplace conduct in conformance with the City of Boston (the City) policy. The Department prohibits offensive conduct, discrimination, harassment, and retaliation, illegal under state and/or federal law, or City Ordinance, based on race, color, gender, national origin/ethnicity, religion, sexual orientation, age, veteran status, parental status, disability, or gender identity and expression, toward employees, citizens and visitors.

SEC. 2 SCOPE: All employees are expected to conduct themselves in a professional manner with respect and concern for their fellow employees and members of the public.

All employees have the right to file a complaint. The alleged harasser may be the complainant’s supervisor, a supervisor in another work area, or someone of higher, lower or equal rank. The complainant could be anyone affected by the offensive conduct, even in instances where the behavior is not directed at that person.

This policy is not designed or intended to limit the authority of the Department to discipline or take remedial action for workplace conduct which the Department deems unacceptable, regardless of whether that conduct satisfies the definition of sexual or other forms of harassment, discrimination or retaliation proscribed by state and/or federal law. Discrimination, harassment and retaliation are unlawful and will not be tolerated.

SEC. 3 DEFINITIONS: Discrimination, harassment and retaliation, of a sexual or other nature, are contrary to City and Department policy and are also illegal. Such conduct is defined as follows:

A. Discrimination- Conduct that conditions a person’s hiring, compensation, terms and conditions of employment or access to services, provided by the Department, based on that person’s race, color, gender, national origin/ethnicity, religion, sexual orientation, age, veteran status, parental status, disability or gender identity and expression unless otherwise permitted or required by applicable law.

B. Harassment (Hostile Work Environment)- Harassment is a form of discrimination. Harassing conduct of any type (oral, written, graphic or physical) directed against a person because of his or her race, color, gender, national origin/ethnicity, religion, sexual orientation, age, veteran status, parental status, disability or gender identity and expression, and which unreasonably interferes with the person’s work or creates a work environment that a reasonable person would find hostile, offensive, humiliating or intimidating.

C. Retaliation- Retaliation is a form of discrimination whereby coercive, intimidating, threatening or interfering behavior or other negative employment actions are taken against an employee based on that employee:

1. Filing a charge or reporting a complaint of discrimination, harassment or retaliation;

2. Participating, cooperating or assisting in an investigation of discrimination, harassment or related retaliation complaint;

3. Opposing discriminatory, harassing or retaliatory practices; or

4. Associating with or supporting others who have engaged in protected activity.

Retaliation will be treated as a separate and additional severe offense.

D. Sexual Harassment: Quid Pro Quo-Quid Pro Quo or “this for that” is a form of sexual harassment where submission to or rejection of sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature is made, either explicitly or implicitly, a term or condition of employment or as a basis for employment decisions.

C. Sexual Harassment: Hostile Work Environment- Hostile work environment refers to sexual harassment and harassment based on gender or gender identity that occurs when such advances, requests or conduct is severe and pervasive and has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or offensive work environment.

SEC. 4 EXAMPLES OF UNLAWFUL CONDUCT/HARASSMENT: The following are some examples of conduct, which if unwelcome, and based on race, color, gender, national origin/ethnicity, religion, sexual orientation, age, veteran status, parental status, disability or gender identity and expression, may constitute harassment. This is not an exhaustive list.

A. Jokes that have a sexual, racial, ethnic, religious, disability, homophobic, age-ist connotation;

B. Belittling or mocking one’s culture or language;

C. Use of sexual, racial, or other epithets, slurs or derogatory comments;

D. Sexual advances – (verbal or physical) whether or not they involve physical touching;

E. Displaying sexually, racially or other suggestive, offensive or intimidating objects, pictures, cartoons, symbols;

F. Leering, whistling, brushing up against, sexual gestures, suggestive or insulting comments;

G. Inquiries into one’s sexual activities;

H. Written or oral reference to sexual conduct, or gossip regarding one’s sex life;

I. Commenting on an individual’s sexual activity, deficiencies or prowess;

J. Assault or coerced sexual acts;

K. Dissemination of sexually explicit voicemail, e-mail, graphics, downloaded materials, or web-sites;

L. Displaying materials, using language or physical conduct that shows hostility or aversion to a person’s race, color, national origin, religion, etc;

M. Denying employment opportunities because of such characteristics or association with someone of a particular race, gender, sexual orientation, national origin, religion, etc.

SEC. 5 EMPLOYEE COMPLAINT PROCEDURE: Any Department employee who believes that he/she has been subjected to harassment, retaliation and/or discrimination is strongly encouraged to initiate a complaint immediately. In order to provide for the complainant’s ease in filing a complaint, several procedural options are available. Complainants may notify any of the following individuals/agencies in person or by phone:

A. Any Superior Officer. The Superior Officer shall immediately make out a Special Administrative Report detailing the complainant’s allegations and submit it through the chain of command to the Bureau Chief. Upon notification, the District or Unit Commander shall immediately notify the Department’s Human Resources Division of the complaint.

B. Department’s Director or Deputy Director of Human Resources — 617-343-4677.

C. The City of Boston’s Director or Deputy Director of Human Resources — 617-635-3360.

D. Commander of the Internal Affairs Division, or, if unavailable, the on-call Internal Affairs investigator — 617-343-4320.

E. State or Federal agencies or courts empowered to enforce anti-harassment, anti-discrimination and anti-retaliation laws. See end of policy for contact information.

Upon receipt of a complaint to the Department’s Human Resources Division and/or Internal Affairs Division, the office receiving such complaint shall consult with the Director or Deputy Director of Human Resources, Chief of the Bureau of Professional Standards or Commander of the Internal Affairs Division, and the Legal Advisor or his/her designee. Based on a recommendation by all three offices, the complaint will proceed to one of the following options depending on the severity of the incident and whether all parties agree to mediate the matter:

A. Mediation facilitated by a trained harassment facilitator designated by the Director of Human Resources. The list of trained harassment facilitators will be maintained by the Human Resources Division.

B. Internal Affairs Division formal complaint process, as outlined in Rule 109 of the Department’s Rules and Procedures.

SEC. 6 EMPLOYEE RESPONSIBILITIES: All employees are responsible for promoting an environment free from harassment, discrimination and retaliation and to this end are encouraged to be considerate of what other employees consider offensive or inappropriate conversation or behavior in the workplace.

SEC. 7 SUPERVISOR RESPONSIBILITIES: When Supervisors are notified of, or become aware of a problem or compelling evidence of a problem related to inappropriate conduct, that Supervisor must promptly notify his/her respective District Commander or Deputy Superintendent under whose command they work, in accordance with Section 5 of this Rule. Supervisory personnel will be held responsible for the conduct of an employee, which is known or should have been known to create, or which could create, harassment against an employee or member of the public, unless immediate and appropriate corrective action has been taken. Supervisors must handle these matters with the utmost sensitivity and maintain confidentiality to the greatest extent practicable.

SEC. 8 CONFIDENTIALITY: The Department is sensitive to the feelings and well-being of all employees. Employees will be afforded confidentiality to every extent practicable.

SEC. 9 INVESTIGATION PROCEDURE: The Department takes allegations of harassment seriously and will respond promptly to such complaints. The complaint procedure is designed to facilitate a prompt internal review of the allegations and a fair and equitable resolution of the situation. It is also intended to stop future occurrences of the behavior. The investigation procedure generally involves the following fact gathering steps, regardless of the process chosen to address the complaint:

A. Listen to the complainant’s allegations.

B. Discuss the complained of actions with discretion, sensitivity, and due concern for the dignity of those people involved.

C. Inform the complainant that he/she may have a representative at the meeting to assist the complainant in his/her decision-making.

D. Inform the complainant of the Department’s harassment policy and complaint procedures and provide the complainant with a copy of the Department policy.

E. Inform the complainant that while every reasonable effort will be made to protect the confidentiality and privacy of the individuals involved, an investigation requires that the alleged harasser be informed of the specific allegations and witnesses be interviewed. All persons contacted or interviewed during the investigation will be requested not to discuss the subject matter of the investigation.

F. Conduct an investigation, including, but not limited to compiling written or oral statements from all involved in the situation, including witnesses; collecting personnel records that may establish facts (which may include pay records, job assignments, promotions, transfers, working hours, performance appraisals, etc.); and separately interviewing the person filing the complaint, witnesses, and the person alleged to have committed the harassment.

G. Inform the complainant that under the informal mediation process, the possible actions that could be taken or agreed to could consist of sensitivity training and / or discipline pursuant to Rule 109.

H. Notify the Commanders of the parties involved of the complaint process chosen so they may take immediate, remedial action concerning the allegations. District/Unit Commanders shall attempt to determine if there are any working conditions or practices that encouraged or permitted the alleged conduct to take place, and if so, eliminate them.

SEC. 10 INTERVENTION-RESOLUTION: If the complaint proceeds to the Internal Affairs Division, upon completion of the investigation a recommendation will be made that the complaint be found:

A. Sustained – The investigation disclosed sufficient evidence to support the allegations in the complaint.

B. Unfounded – The investigation revealed that the alleged conduct did not occur or did not constitute harassment.

C. Not Sustained – The investigation failed to prove or disprove the allegations.

The Department will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct, of the results of the investigation. Any Department employee, who is found after an investigation to have violated this policy, will be subject to disciplinary action up to and including termination.

SEC. 11 REMEDIES: Available remedies shall consist of:

A. Progressive disciplinary procedures, up to and including termination of employment, will be used against the harasser and/or appropriate supervisory personnel.

B. Employees who feel they have been discriminated against have 300 days from the date the alleged discrimination occurred to file a complaint with either or both of the following agencies:

i. Massachusetts Commission Against Discrimination (MCAD)

One Ashburton Place, Room 601

Boston, MA 02108

617-994-6000

ii. United States Equal Employment Opportunity Commission (EEOC)

JFK Federal Building

475 Government Center

Boston, MA 02203

617-565-3200

William B. Evans
Police Commissioner

Rule 200 - Critical Incident Management

August 16, 2002

This Rule is issued to establish the policy of the Boston Police Department for its response to and management of all Critical Incidents with special attention to the management of special circumstances. The purpose of the policy is to provide guidelines to the entire Department for the operation and management of Critical Incidents while maintaining compatibility with the Incident Command System (ICS) to efficiently manage resources and plan for the tactical resolution of an incident. In addition to having the flexibility to expand or contract as the needs of an incident require, ICS allows for the practical inclusion of outside agencies in the planning and operational process with clearly definable roles and common terminology assuring a properly coordinated effort.

Sec. 1.0 Incident Command System – An Overview
The Incident Command System (ICS) is a management system which has the flexibility and adaptability to be applied to a wide variety of incidents and events both small and large. The individual designated as the Incident Commander (IC) has responsibility for all ICS management functions. Those functions and their responsibilities are as follows:

1. Command – The IC is responsible for all incident or event activity. Although some functions may be left unfilled with those duties being wielded by the IC, there will always be an Incident Commander;
2. Operations – The Operations Section is responsible for directing the tactical actions to meet incident objectives;
3. Planning – The Planning Section is responsible for the collection, evaluation, and display of incident information, maintaining status of resources, and preparing the Incident Action Plan and incident-related documentation;
4. Logistics – The Logistics Section is responsible for providing adequate services and support to meet all incident or event needs; and
5. Finance/Administration – The Finance/Administration Section is responsible for keeping track of incident-related costs, personnel and equipment records and administering procurement contracts associated with the incident or event.
The Incident Commander can elect to perform all the above functions or each of these functional areas can be delegated and expanded as needed into additional organizational units with further delegation of authority.

Sec. 1.1 Management by Objectives:
With ICS, every incident, regardless of size or complexity, must include the following:

1. A solid understanding of Department policy and direction;
2. The establishment of incident objectives;
3. The selection of an appropriate strategy; and
4. The application of tactics appropriate to the strategy, assigning the right resources and monitoring of performance.

Sec. 1.2 Unity and Chain of Command:
In ICS, Unity of Command means that every individual has only one designated supervisor.
Chain of Command means that there is a line of authority within the ranks of the organization with lower levels subordinate to and connected to, higher levels.
In the vast majority of incidents, the command structure will consist only of:

1. Command; and
2. Single resource(s)

However, as incidents expand in size and complexity, the Chain of Command is expanded through an organizational structure which can consist of as many layers as needed, such as:

1. Command;
2. Sections;
3. Branches;
4. Divisions/Groups;
5. Units; and
6. Resources.

Sec. 1.3 Establishment and Transfer of Command:
Command at an incident is initially the responsibility of the highest ranking person on scene from the agency which has jurisdiction over the incident. Transfer of Command at an incident occurs for any of the following reasons:

1. A higher ranking or more qualified person assumes command;
2. The incident situation changes over time to where a jurisdictional or agency change in command either is legally required or it would make good management sense to make such a transfer; or
3. There is a normal turnover of personnel on long or extended incidents.

Sec. 1.4 Organizational Flexibility:
Flexibility is key to the proper functioning of ICS. At any given time, the structure and organization of an incident should reflect only what is required to meet planned tactical objectives with the size of the current organization and that of the next operational period being determined through the incident action planning process.
Depending on the complexity and scope of an incident, a number of organizational elements may be activated in the various sections without designating individual section chiefs. The IC may decide to perform all or some management functions, while appointing section chiefs to others. Although each activated element must have a person in charge of it, a single person may initially command more than one unit.
Elements which have been activated and which are clearly no longer needed are deactivated to decrease organizational size.

Sec. 1.5 Unified Command:
Unified Command is an ICS management process which allows all agencies who have jurisdictional or functional responsibility for the incident to jointly develop a common set of incident objectives and strategies. This is accomplished without losing or giving up agency authority, responsibility or accountability.

Allowing all agencies who have a legitimate responsibility at an incident to be part of the Incident Command function is an important part of ICS. Under a Unified Command the following always applies:

1. The incident will function under a single coordinated (jointly decided upon) Incident Action Plan;
2. One Operations Section Chief will have responsibility for implementing the Incident Action Plan; and
3. One Incident Command Post will be established.

Sec. 1.6 Span of Control:
Span of Control means the number of individuals that one supervisor can effectively manage.
Maintaining an effective Span of Control is particularly important on incidents where safety and accountability are a top priority.
In ICS, the Span of Control for any supervisor should fall within a range of three to seven with five being the optimum number. Any time a supervisor has fewer than three people reporting, or more than seven, some adjustment to the organization should be considered.

Sec 1.7 Common Terminology:
Because ICS may evolve into a Unified Command involving different agencies with various multi-agency terms, it is important to use common terminology to avoid confusion. In ICS, common terminology is applied to:

1. Organizational Elements – There is a consistent pattern for designating each level of the organization, e.g., sections, branches, etcetera.
2. Position Titles – Those charged with management or leadership responsibility in ICS are referred to by an ICS position title such as Officer, Chief, Director, Supervisor, etcetera.
This is done to provide a way to place the most qualified personnel in organizational positions on multi-agency incidents without confusion caused by various multi-agency rank designations. It also provides a standardized method for ordering personnel to fill positions.
3. Resources – Common designations are assigned to various kinds of resources. Resources may also be further classified by type and type classification, e.g., a vehicle used in fire suppression would be classified as an engine, but would also be classified by type, tank capacity, staffing level, etcetera.

Sec. 1.8 Personnel Accountability:
ICS ensures personnel accountability through the following:

1. Check-In – Requires all personnel to check-in upon arrival at an incident;
2. Unity of Command – Ensures everyone has only one supervisor;
3. Resource Status Unit – Maintains the status of all assigned resources;
4. Division/Group Assignment Lists – Identifies resources with active assignments in the Operations Section; and
5. Unit Logs – includes a record of personnel assigned and of major events occurring in all ICS organizational elements.

Sec. 1.9 Integrated Communications:
The ability to effectively communicate within ICS is absolutely critical. There are at least three ways to view the communications issues that must be solved:

1. The “hardware” systems that transfer information;
2. The planning that must occur for the use of all available communications frequencies and resources; and
3. The actual procedures and processes for transferring information.

Effective communication during every Critical Incident requires a Communications Plan.
Depending on the complexity of the incident and the number of agencies involved, the communications plan can be simple or complex and involve several different communication networks. These may include:

1. Command Net – Established to link supervisory personnel from Incident Commander down to and including Division and Group supervisors;
2. Tactical Nets – Established in various ways, e.g., by agency, department, geographical area or function. Tactical nets may be established for each branch or for Divisions and groups, depending upon hardware and frequency availability and specific incident needs;
3. Support Nets – Established on larger incidents to handle logistics traffic and resource status changes;
4. Ground-to-Air – Established to coordinate ground-to-air traffic; and
5. Air-to-Air – Assigned for coordination between aircraft assigned to an incident.
An awareness of available communications systems and frequencies, combined with an understanding of incident requirements, will enable the Communications Unit Leader to develop an effective Communications Plan for each operational period.
To ensure that all personnel understand clearly the information that is being transmitted, especially in a multi-agency incident management system, all transmissions will be in clear text without the use of radio codes (or miscels).

Sec. 1.10 Resources Management:
Resources assigned to an incident are categorized in one of the following ways:

1. Single Resources – Single Resources include both personnel and their assigned equipment.
2. Task Forces – Task Forces refer to any combination of single resources within span of control guidelines. They are assembled for a particular tactical need, with common communications and a leader. Task Forces can be pre-determined or assembled at an incident from available single resources.
3. Strike Teams – Strike Teams are combinations of a designated number of the same kind and type of resources with common communications and a leader. The number of resources to be used in the team will be based on what is needed to perform the function. Span of control guidelines should apply. Strike Teams can be pre-determined or assembled at an incident from available single resources.

Advantages of the use of both Task Forces and Strike Teams are:

1. Maximization of the effective use of resources;
2. Reduction in the span of control; and
3. Reduction in communications traffic.
Tactical Resources assigned to an incident will always be in one of three status conditions:

1. Assigned – Resources are performing an active assignment;
2. Available – Resources are ready for deployment, but not assigned; or
3. Out of Service – Resources are not available.

Sec. 1.11 Incident Action Plan:
Every incident must have an Incident Action Plan, oral or written, which shall provide all incident supervisory personnel with appropriate direction for future actions.
Written plans should be used when it is essential that all levels of a growing organization have a clear understanding of the tactical actions associated with the next operational period. It is important to use written action plans whenever:

1. Two or more jurisdictions are involved;
2. The incident will overlap major changes in personnel changes or go into a new operational period;
3. There is a partial or full activation of the ICS organization.
For smaller incidents, an ICS Incident Briefing Form may be used to record initial actions and list assigned and available resources. A more formal written Incident Action Plan, based on an ICS format, is necessary as incidents grow in size and/or complexity.

Sec. 2.0 ICS Position Responsibilities
The ICS organization develops around five major functions that are required on any incident whether it is large or small. For some incidents, and in some applications, only a few of the organization’s functional elements may be required. However, if there is a need to expand the organization, additional positions exist within the ICS framework to meet virtually any need.
ICS establishes lines of supervisory authority and formal reporting relationships. There is complete unity of command as each position and person within the system has a designated supervisor. Direction and supervision follows established organizational lines at all times.

The following are the major responsibilities and duties of all ICS positions. Individual agencies may have additional responsibilities and more detailed lists of duties.

Sec. 2.1 Incident Commander (IC) and ICS Command Staff:
The Incident Commander and the ICS Command Staff consist of the following:

1. Incident Commander
2. Information Officer
3. Liaison Officer
4. Agency Representatives
5. Safety Officer

Sec 2.11 Responsibilities of the Incident Commander

1. Assess the situation and/or obtain a briefing from the prior IC;
2. Determine incident objectives and strategy;
3. Establish the immediate priorities;
4. Establish an Incident Command Post;
5. Establish an appropriate organization;
6. Ensure planning meetings are scheduled as required;
7. Approve and authorize the implementation of an Incident Action Plan;
8. Ensure that adequate safety measures are in place;
9. Coordinate activity for all Command and General Staff;
10. Coordinate with key people and officials;
11. Approve requests for additional resources or for the release of resources;
12. Keep agency administrator informed of incident status;
13. Approve the use of trainees, volunteers and auxiliary personnel;
14. Authorize release of information to the news media; and
15. Order the demobilization of the incident when appropriate.

Sec. 2.12 Responsibilities of Incident Command Staff

1. Information Officer
The Information Officer is responsible for developing and releasing information about the incident to the news media, to incident personnel and to other appropriate agencies and organizations.

Only one Information Officer will be assigned for each incident, including incidents operating under a Unified Command and multi-jurisdiction incidents. As necessary, the Information officer may have assistants, who may or may not represent assisting agencies or jurisdictions.

The following are the major responsibilities of the Information Officer which would generally apply on any incident:

1. Determine from the IC if there are any limits on information release;
2. Develop material for use in media briefings;
3. Obtain the approval of the IC on all media releases;
4. Inform the media and conduct media briefings;
5. Arrange for tours and other interviews or briefings that may be required;
6. Obtain media information that may be useful to incident planning;
7. Maintain current information summaries and/or displays on the incident and provide information on status of incident to assigned personnel; and
8. Maintain Unit Log.

2. Liaison Officer
Incidents that are multi-jurisdictional, or have several agencies involved, may require the establishment of the Liaison Officer position on the Command Staff. The Liaison Officer is the contact for the personnel assigned to the incident by assisting or cooperating agencies. These are personnel other than those on direct tactical assignments or those involved in a Unified Command.

Liaison Officer major responsibilities and duties are:

1. Be a contact point for Agency Representatives;
2. Maintain a list of assisting and cooperating agencies and Agency Representatives;
3. Assist in establishing and coordinating interagency contacts;
4. Keep agencies supporting the incident aware of incident status;
5. Monitor incident operations to identify current or potential inter-organizational problems;
6. Participate in planning meetings, providing current resource status, including limitations and capability of assisting agency resources; and
7. Maintain a Unit Log.

3. Agency Representatives
In many multi-jurisdictional incidents, an agency or jurisdiction will send a representative to assist in coordination efforts. Known in ICS as an Agency Representative, this person is an individual assigned to an incident from an assisting or cooperating agency who has been delegated authority to make decisions on matters affecting that agency’s participation at the incident. Agency Representatives report to the Liaison Officer, or in the absence of the Liaison Officer, to the Incident Commander.

Responsibilities of an Agency Representative are:

1. Ensure that all agency resources are properly checked-in at the incident;
2. Obtain briefing from the Liaison Officer or the IC;
3. Inform assisting or cooperating agency personnel on the incident that they are appointed as the Agency Representative for that agency;
4. Attend briefings and planning meetings as required;
5. Provide input on the use of agency resources unless resource technical specialists are assigned from the agency;
6. Cooperate fully with the Incident Commander and the General Staff on agency involvement at the incident;
7. Ensure the well-being of agency personnel assigned to the incident;
8. Advise the Liaison Officer of any special agency needs or requirements;
9. Report to home agency dispatch or headquarters on a pre-arranged schedule;
10. Ensure that all agency personnel and equipment are properly accounted for and released prior to departure;
11. Ensure that all required agency forms, reports and documents are complete prior to departure; and
12. Have a debriefing session with the Liaison Officer or Incident Commander prior to departure.

4. Safety Officer
The Safety Officer’s function is to develop and recommend measures for assuring personnel safety and to assess and/or anticipate hazardous and unsafe situations.
Only one Safety Officer will be assigned for each incident. The Safety Officer may have assistants who may or may not represent assisting agencies or jurisdictions. Safety Assistants may have specific responsibilities such as hazardous materials, air operations, etcetera.

Responsibilities of the Safety Officer are:

1. Participate in planning meetings;
2. Identify hazardous situations associated with the incident;
3. Review the Incident Action Plan for safety implications;
4. Exercise emergency authority to stop and prevent unsafe acts;
5. Investigate accidents that have occurred within the incident area;
6. Assign assistants as needed;
7. Review and approve the medical plan; and
8. Maintain a Unit Log.

Sec. 2.2 ICS General Staff Positions:
The General Staff consists of the following positions:

1. Operations Section Chief
2. Planning Section Chief
3. Logistics Section Chief
4. Finance Administration Section Chief

Sec. 2.21 Operations Section
The Operations Section is responsible for the direction and coordination of all incident tactical operations. The is done under the direction of the Operations Section Chief. The Operations Section may consist of Single Resources or be further subdivided into Branches, Division/Groups and Task Force/Strike Teams, as the needs of the incident require.

Tasks and responsibilities within the Operations Section may be divided along functional lines, geographic areas or a combination of both.

1. Responsibilities of the Operations Section Chief are:

1. Manage tactical operations;

1. Interact with next lower level of Section (Branch, Division/Group) to develop the operations portion of the Incident Action Plan; and
2. Request resources needed to implement the Operation’s tactics as a part of the Incident Action Plan development.

2. Assist in development of the operations portion of the Incident Action Plan;

3. Supervise the execution of the Incident Action Plan for Operations;

1. Maintain close contact with subordinate positions; and
2. Ensure safe tactical operations.

4. Request additional resources to support tactical operations;

5. Approve release of resources from assigned status (may not release from the incident);

6. Make or approve expedient changes to the Incident Action Plan during the Operational Period as necessary;

7. Maintain close communication with the Incident Commander; and

8. Maintain a Unit Log.

2. Responsibilities of Branch Director (Branches may be functional or geographic)

1. Obtain briefing from the Operations Section Chief;
2. Supervise Branch operations;
3. Develop alternatives for Branch control operations;
4. Interact with the Operations Section Chief and other Branch Directors to develop tactics to implement incident strategies;
5. Be prepared to attend incident planning meetings at the request of the Operations Chief;
6. Review Division/Group assignments within the Branch and report status to the Operations Section Chief;
7. Monitor and inspect progress and make changes as necessary;
8. Resolve logistics problems reported by subordinates; and
9. Maintain a Unit Log.

3. Responsibilities of Division/Group Supervisor

1. Obtain briefing from the Operations Section Chief or appropriate Operations Branch Director;
2. Review assignments with subordinates;
3. Inform Resource Unit (if established) of status changes of resources assigned to the Division/Group;
4. Coordinate activities with adjacent Divisions/Groups;
5. Monitor and inspect progress and make changes as necessary;
6. Keep supervisor informed of situation and resources status;
7. Resolve tactical assignment and logistics problems within the Division/Group;
8. Keep supervisor informed of hazardous situations and significant events;
9. Ensure that assigned personnel and equipment get to and from their assignments in a timely and orderly manner; and
10. Maintain a Unit Log.

4. Responsibilities of Task Force/Strike Team Leader

1. Obtain briefing from supervisor (Division/Group Supervisor, Operations Section Chief or Incident Commander – depending upon how the incident is organized);
2. Review assignment with subordinates and assign tasks;
3. Travel to and from active assignment area with assigned resources;
4. Monitor and inspect progress and make changes as necessary;
5. Coordinate activities with any adjacent Task Force/Strike Team, single resources
or functional group working in the same location;
6. Keep supervisor advised of situation and resource status;
7. Retain control of assigned resources while in available or out-of-service status;
and
8. Maintain a Unit Log.

5. Responsibilities of person in charge of a Single Resource

The person in charge of a single tactical resource will carry the unit designation of the resource.

1. Obtain briefing from the Division/Group Supervisor or Task Force/Strike Team Leader;
2. Review assignments;
3. Obtain necessary equipment/supplies;
4. Review weather/environmental conditions for assignment area;
5. Brief subordinates on safety measures;
6. Monitor work progress;
7. Ensure adequate communications with supervisor and subordinates;
8. Keep supervisor informed of progress and any changes;
9. Inform supervisor of problems with assigned resources;
10. Brief relief personnel and advise them of any change in conditions;
11. Return equipment and supplies to appropriate unit; and
12. Complete and turn in all time and use records on personnel and equipment.

6. Responsibilities of a Staging Area Manager
Whenever an incident is not large enough for a Logistics Section to be activated, the Staging Area Manager reports to the Operations Section Chief (or to the Incident Commander if the Operations Section Chief position has not been filled).

1. Establish layout of the Staging Area(s);
2. Post areas for identification and traffic control;
3. Provide check-in for incoming resources;
4. Determine required resource reserve levels from the Operations section Chief or Incident Commander;
5. Advise the Operations Section Chief or Incident Commander when reserve levels reach minimums;
6. Maintain and provide status to Resource Unit of all resources in Staging Area(s);
7. Respond to Operations Section Chief or Incident Commander requests for resources;
8. Request logistical support for personnel and/or equipment as needed;
9. Maintain Staging Area in an orderly condition;
10. Demobilize or move Staging Area(s) as required; and
11. Maintain a Unit Log.

Sec. 2.22 Planning Section
The Planning Section collects, evaluates, processes and disseminates information for use at the incident. When activated, the Planning Section is managed by the Planning Section Chief who is a member of the General Staff.
The four units within the Planning Section that can be activated as necessary are:

1. Resources Unit
2. Situation Unit
3. Documentation Unit
4. Demobilization Unit

1. Responsibilities of Planning Section Chief

1. Collect and process situation information about the incident;
2. Supervise preparation of the Incident Action Plan;
3. Provide input to the Incident Commander and Operations Section Chief in preparing the Incident Action Plan;
4. Reassign out-of-service personnel already on-site to ICS organizational positions as appropriate;
5. Establish information requirements and reporting schedules for Planning Section units (e.g., Resources, Situation Units);
6. Determine need for any specialized resources in support of the incident;
7. If requested, assemble and disassemble strike teams and task forces not assigned to operations;
8. Establish special information collection activities as necessary, e.g., weather, environmental, toxic, et cetera;
9. Assemble information on alternative strategies;
10. Provide periodic predictions on incident potential;
11. Report any significant changes in incident status;
12. Compile and display incident status information;
13. Oversee preparation of Incident demobilization plan;
14. Incorporate the incident traffic plan (from Ground Support) and other supporting plans into the Incident Action Plan; and

15. Maintain a Unit Log.

2. Unit Leaders – Common Responsibilities
In ICS, a number of Unit Leader responsibilities are common to all units in all parts of the organization. Instead of repeating them within the responsibilities of each Unit Leader, the Common responsibilities of all Unit Leaders listed below are:

1. Obtain briefing from Section Chief;
2. Participate in incident planning meetings, as required;
3. Determine current status of unit activities;
4. Confirm dispatch and estimated time of arrival of staff and supplies;
5. Assign specific duties to staff; supervise staff;
6. Develop and implement accountability, safety and security measures for personnel and resources;
7. Supervise demobilization of unit, including storage of supplies;
8. Provide Supply Unit Leader with a list of supplies to be replenished; and
9. Maintain unit records, including a Unit Log.

3. Responsibilities of Resources Unit
In addition to the common Unit responsibilities listed above, this Unit is responsible for maintaining the status of all assigned resources (primary and support) at an incident by:

1. Overseeing the check-in of all resources;
2. Maintaining a status-keeping system indicating current location and status of all resources; and
3. Maintenance of a master list of all resources, e.g., key supervisory personnel, primary and support resources, et cetera.
4. Responsibilities of Situation Unit In addition to the common Unit responsibilities listed above, this Unit is responsible for the collection, processing and organizing of all incident information. The Situation Unit may prepare future projections of incident growth, maps and intelligence information.

1. Beginning collection and analysis of incident data as soon as possible;
2. Collecting, processing and organizing all incident information;
3. Preparing, posting or disseminating resource and situation status information as required, including special requests;
4. Preparing future projections of incident growth, maps and intelligence information;
5. Preparing predictions, periodically or as requested;
6. Preparing the incident status summary; and
7. Providing photographic services and maps, as required.
8. Responsibilities of Documentation Unit

In addition to the common Unit responsibilities listed above, this Unit is responsible for:

1. Sets up work area and begin organization of incident files.
2. Establish and provide duplication services.
3. File all official forms and reports.
4. Review records for accuracy and completeness and inform appropriate units of errors or omissions.
5. Provide incident documentation as required.
6. Store files for post-incident use.
7. Maintain accurate, up-to-date incident files, which shall be stored for legal, analytical, and historical purposes.
6. Demobilization Unit
On large incidents, demobilization can be quite complex, requiring a separate planning activity. Note that not all agencies require specific demobilization instructions.

In addition to the common responsibilities listed above, this Unit is responsible for:

1. Review incident resource records to determine the likely size and extent of demobilization effort.
2. Develop the Incident Demobilization Plan.
3. Add additional personnel, workspace and supplies as needed.
4. Coordinate demobilization with Agency Representatives.
5. Monitor ongoing Operations Section resource needs.
6. Identify surplus resources and probable release time.
7. Develop incident checkout functions for all units.
8. Evaluate logistics and transportation capabilities to support demobilization.
9. Establish communication with off-incident facilities.
10. Develop an incident demobilization plan detailing specific responsibilities and release priorities and procedures.
11. Prepare appropriate directions (e.g., maps, instructions, etc.) for inclusion in the Demobilization Plan.
12. Distribute Demobilization Plan (on and off site).
13. Ensure that all Sections/Units understand their specific demobilization responsibilities.
14. Supervise execution of the Incident Demobilization Plan.
15. Brief Planning Section Chief on the Demobilization Plan.

7. Technical Specialists
Certain incidents or events may require the use of Technical Specialists who have specialized knowledge and expertise. Technical Specialists may function within the Planning Section, or be assigned wherever their services are required. In the Planning Section, Technical Specialists may report to either the Planning Section Chief or the Designated Unit Leader.

Sec. 2.23 Logistics Section
With the exception of aviation support, all incident support needs are provided by the Logistics Section. The Logistics Section is managed by the Logistics Section Chief, who may assign a Deputy Section Chief. A Deputy Section Chief is most often assigned when all designated units (listed below) within the Logistics Unit are activated.
Units which may be established within the Logistics Section are:

1. Supply Unit
2. Facilities Unit
3. Ground Support Unit
4. Communication Technology Unit
5. Provisions Unit
6. Medical Unit

1. Responsibilities of Logistics Section Chief
The Logistics Section Chief will determine the need to activate or deactivate a unit. If a unit is not activated, responsibility for that unit’s duties will remain with the Logistics Section Chief. The Logistics Section Chief’s duties and responsibilities include:

1. Manage all incident logistics;
2. Provide logistical input to the Incident Commander in preparing the Incident Action Plan;
3. Brief Branch Directors and Unit Leaders as needed;
4. Identify anticipated and known incident service and support requirements;
5. Request additional resources as needed;
6. Review and provide input to the Communications Plan, Medical Plan, and Traffic Plan;
7. Supervise requests for additional resources; and
8. Oversee demobilization of Logistics Unit.

2. Responsibilities of Supply Unit
The Supply Unit’s duties and responsibilities include:

1. Provide input to Logistics Section planning activity;
2. Provide supplies to Planning, Logistics, and Finance/Administration Sections;
3. Determine the type and amount of supplies en route;
4. Order, receive, distribute, and store supplies and equipment;
5. Respond to requests for personnel, equipment, and supplies;
6. Maintain an inventory of supplies and equipment;
7. Service reusable equipment, as needed; and
8. Ordering all off-site incident resources, including tactical and support resources, personnel and all expendable and non-equipment support supplies.

3. Responsibilities of Facilities Unit

The Facility Unit’s duties and responsibilities include:

1. Set up, maintenance and demobilization of all incident support facilities except Staging Areas;
2. Participate in Logistics Section/Support Branch planning activities;
3. Determine requirements for each incident facility;
4. Prepare layouts of facilities and inform appropriate unit leaders;
5. Activate incident facilities;
6. Obtain and supervise personnel to operate facilities, including Base, Camp and Security Managers;
7. Provide security services;
8. Provide facility maintenance services, e.g., sanitation, lighting, etc.; and
9. Demobilize base, camp facilities.

The following Managers report directly to the Facilities Unit Leader:

1. Security Manager
2. Base Manager
3. Camp Manager
1. Security Manager

The Security Manager’s duties and responsibilities include:

1. Establish contacts with local law enforcement agencies as required;
2. Contact the Resource Use Specialist (if assigned) or Agency Representatives to discuss any special custodial requirements
which may effect operations;
3. Request necessary personnel to accomplish work assignments;
4. Ensure that support personnel are qualified to manage security problems;
5. Develop a security plan for incident facilities;
6. Adjust the security plan for personnel and equipment changes and release.
7. Coordinate security activities with appropriate incident personnel;
8. Keep the peace, prevent assaults, and settle disputes through coordination with Agency Representatives;
9. Prevent theft of all property;
10. Investigate and document all complaints and suspicious occurrences;
11. Demobilize in accordance with the Incident Demobilization Plan;
and
12. Provide safeguards necessary for protection of personnel and property from loss or damage.

2. Base Manager
The Base Manager’s duties and responsibilities include:

1. Determine requirements for establishing an Incident Base;
2. Understand and comply with establishing restrictions;
3. Determine personnel support requirements;
4. Ensure that appropriate sanitation, security and facility management services are in place at the Base;
5. Obtain necessary equipment and supplies;
6. Ensure that all facilities and equipment necessary for base support operations are set up and functioning;
7. Make sleeping area assignments;
8. Ensure strict compliance with applicable safety regulations;
9. Ensure that all facility maintenance services are provided;
10. Ensure that adequate security and access control measures are being applied; and

11. Demobilize Base when directed.

3. Camp Manager
On large incidents, one or more camps may be established. Camps may be in place several days or they may be moved to various locations.

The Camp Manager’s duties and responsibilities include:

1. Determine or establish number of personnel assigned to camp;
2. Determine any special requirements or restrictions on facilities or operations.
3. Obtain necessary equipment and supplies;
4. Ensure that all sanitation, shower, and sleeping facilities are set up and properly functioning;
5. Make sleeping arrangements and assignments;
6. Provide direct supervision for all facility maintenance and security services;
7. Ensure strict compliance with safety regulations;
8. Ensure that all camp-to-base communications are centrally coordinated;
9. Ensure that all camp-to-base transportation scheduling is centrally coordinated;
10. Provide overall coordination of camp activities to ensure that all assigned units operate effectively and cooperatively in meeting incident objectives; and
11. Demobilize the camp in accordance with the Incident Action Plan.

4. Ground Support Unit
The Ground Support Unit’s duties and responsibilities include:

1. Participate in Support Branch/Logistics Section planning activities;
2. Provide support services (fueling, maintenance, and repair) for all mobile equipment and vehicles, with the exception of aviation resources;
3. Order maintenance and repair supplies (e.g., fuel, and spare parts);
4. Provide support for out-of-service equipment;
5. Develop the Incident Traffic Plan;
6. Maintain an inventory of support and transportation vehicles;
7. Record time use for all incident-assigned ground equipment (including contract equipment);
8. Update the Resources Unit with the status (location and capability) of transportation vehicles;
9. Provide ground transportation of personnel, supplies and equipment; and
10. Maintain incident roadways as necessary.

1. Equipment Manager
The Equipment Manager reports to the Ground Support Unit Leader and is responsible for the following:

1. Service, repair, and fuel for all equipment;
2. Transportation and support vehicle services; and
3. Maintenance of equipment use and service records.
5. Communication Technology Unit

The Communication Technology Unit’s duties and responsibilities include:

10. Advise on communications capabilities/limitations.
11. Prepare and implement the Incident Radio Communications Plan (ICS Form 205)
12. Establish and supervise the Technology, Incident Communications Center and Message Center.
13. Establish telephone, computer links, and public address systems.
14. Establish communications equipment distribution and maintenance locations.
15. Install and test all communications equipment.
16. Oversee distribution, maintenance and recovery of communications equipment, e.g., portable radios and FAX machines.
17. Develop and activate an equipment accountability system.
18. Provide technical advice on:

1. Adequacy of communications systems
2. Geographical limitations
3. Equipment capabilities

4. Amount and types of equipment available

10. Develop plans for the use of incident communications equipment and facilities.
6. Provisions Unit
The Provisions Unit’s duties and responsibilities include:

9. Determine food and water requirements;
10. Determine method of feeding to best fit each facility or situation;
11. Obtain necessary equipment and supplies and establish cooking facilities;
12. Ensure that well-balanced menus are provided;
13. Order sufficient food and potable water from the Supply Unit;
14. Maintain an inventory of food and water;
15. Maintain food service areas, ensuring that all appropriate health and safety measures are being followed;
16. Supervise caterers, cooks, and other Provisions Unit personnel as appropriate;
and
17. Provide food for the entire incident, including all remote locations (e.g., Camps, Staging Areas), and for personnel unable to leave tactical field assignments.

7. Medical Unit
The Medical Unit’s responsibilities and duties include:

0. Develop an Incident Medical Plan (to be included in the Incident Action Plan).
1. Determine level of emergency medical activities prior to activation of Medical Unit.
2. Provide medical aid.
3. Acquire and manage medical support personnel.
4. Prepare the Medical Emergency Plan (ICS Form 206).
5. Develop procedures for managing major medical emergencies.
6. Respond to requests for:

1. Medical Aid
2. Medical Transportation
3. Medical Supplies

7. Assist the Finance/Administration Section with processing paper work related to injuries or deaths of incident personnel.

Note that the provision of medical assistance to the public or victims of the emergency is an operational function, and would be done by the Operations Section and not by Logistics Section Medical Unit.

Sec. 2.24 Finance/Administration Section
The Finance/Administration Section is responsible for managing all financial aspects of an incident. Not all incidents will require a Finance/Administration Section. Only when the involved agencies have a specific need for Finance/Administration services will the Section be activated.
There are four units, which may be established within the Finance/Administration Section.

1. Time Unit
2. Procurement Unit
3. Compensation/Claims Unit
4. Cost Unit

1. Responsibilities of Finance/Administration Section Chief The Finance/Administration Section Chief’s duties and responsibilities include:

1. Manage all financial aspects of an incident.
2. Provide financial and cost analysis information as requested.
3. Gather pertinent information from briefings with responsible agencies.
4. Develop an operating plan for the Finance/Administration Section.
5. Fill supply and support needs.
6. Determine need to set up and operate an incident commissary.
7. Meet with Assisting and Cooperating Agency Representatives as needed.
8. Maintain daily contact with agency(s) administrative headquarters on Finance/Administration matters.
9. Ensure that all personnel time records are accurately completed and transmitted to home agencies according to policy.
10. Provide financial input to demobilization planning.
11. Ensure that all obligation documents initiated at the incident are properly prepared and completed.
12. Brief agency administrative personnel on all incident-related financial issues needing attention or follow-up.

2. Time Unit The Time Unit’s duties and responsibilities include:

1. Determine incident requirements for time recording function.
2. Contact appropriate agency personnel/representatives.
3. Ensure that daily personnel time recording documents are prepared and in compliance with agency(s) policy.
4. Maintain separate logs for overtime hours.
5. Establish and manage commissary operation on larger or long-term incidents.
6. Submit cost estimate data forms to Cost Unit as required.
7. Maintain record security.
8. Ensure that all records are current and complete prior to demobilization.
9. Release time reports from assisting agency personnel to the respective Agency Representatives prior to demobilization.
10. Collect and process time records for each operational period.

Two positions may report to the Time Unit Leader:

1. Personnel Time Recorder – Oversees the recording of time for all personnel assigned to an incident. Also records all personnel-related items, e.g., transfers, promotion, etc.
2. Commissary Manager – Establishes, maintains, and demobilizes commissary. Also responsible for commissary security.
3. Procurement Unit
All financial matters pertaining to vendor contracts, leases, and fiscal agreements are managed by the Procurement Unit. This Unit works closely with local fiscal authorities to ensure efficiency.

The Procurement Unit’s duties and responsibilities include:

1. Review incident needs and any special procedures with Unit Leaders.
2. Coordinate with local jurisdiction on plans and supply sources.
3. Obtain Incident Procurement Plan.
4. Prepare and authorize contracts and land-use agreements.
5. Draft memoranda of understanding.
6. Establish contracts and agreements with supply vendors.
7. Provide for coordination between the Ordering Manager, agency dispatch, and all other procurement organizations supporting the incident.
8. Ensure that a system is in place, which meets agency property management requirements. Ensure proper accounting for all new property.
9. Interpret contracts and agreements, and resolve disputes.
10. Coordinate with Compensation/Claims Unit for processing claims.
11. Coordinate use of imprest funds (funds loaned or advanced for the operation of the incident) as required .
12. Complete final processing of contracts and send documents for payment.
13. Coordinate cost data in contracts with Cost Unit Leader.
14. Maintain equipment time records.
15. Manage all equipment rental agreements.
16. Process all rental and supply fiscal document billing invoices.

Equipment Time Recorder – Oversees the recording of time for all equipment assigned to an incident. Also posts all charges or credits for fuel, parts, service, etc., used by equipment.

4. Compensation/Claims Unit
In the ICS, Compensation-for-Injury and Claims are contained within one Unit. Separate personnel may perform each function, however, given their differing activities. These functions are becoming increasingly important on many kinds of incidents.
Compensation-for-Injury oversees the completion of all forms required by workers’ compensation and local agencies. A file on injuries and illnesses associated with the incident will be maintained, and all witness statements will be obtained in writing. Close coordination with the Medical Unit is essential.

The Compensation/Claims Unit’s duties and responsibilities include:

1. Establish contact with incident Safety Officer and Liaison Officer (or Agency Representative if no Liaison Officer is assigned).
2. Determine the need for Compensation-for-Injury and Claims Specialist and order personnel as needed.
3. Establish a Compensation-for-Injury work area within or as close as possible to the Medical Unit.
4. Review Incident Medical Plan.
5. Review procedures for handling claims with Procurement Unit.
6. Periodically review logs and forms produced by Compensation/Claims Specialists to ensure compliance with agency requirements and policies.
7. Ensure that all Compensation-for-Injury and Claims logs and forms are complete and routed to the appropriate agency for post-incident processing prior to demobilization.
8. Investigate all claims involving property associated with or involved in the incident.

Two specialists report to the Compensation/Claims Unit Leader:

1. Compensation-for-Injury Specialist – Administers financial matters arising from serious injuries and deaths on an incident. Work is done in close cooperation with the Medical Unit.
2. Claims Specialist – Manages all claims-related activities (other than injury) for an incident.

5. Cost Unit

The Cost Unit’s duties and responsibilities include:
1. Coordinate with agency headquarters on cost reporting procedures.
2. Collect and record all cost data.
3. Develop incident cost summaries.
4. Prepare resources-use cost estimates for the Planning Section.
5. Make cost-saving recommendations to the Finance/Administration Section Chief.
6. Provide all incident cost analysis.
7. Ensure the proper identification of all equipment and personnel requiring payment.
8. Records all cost data, analyzes and prepares estimates of incident costs, and maintains accurate records of incident costs.

Sec. 3.0 Mission Statement
The primary mission of the Department in any Critical Incident situation is the protection and preservation of life. Tactical operations that are conducted in these instances shall be managed by the Operations Chief who shall be guided by the premise that preservation of life extends to all persons, and includes sworn personnel, suspects, perpetrators, hostages and uninvolved bystanders. The Department recognizes that Critical Incidents may also create multijurisdictional or multi-functional responsibilities and, should the situation require, it is fully prepared to establish a Unified Command to ensure the efficient use of resources and expertise to bring about a successful resolution of the incident or the efficient transfer of command should jurisdictional or functional needs change.
The Department recognizes that in such situations personnel are subjected to extraordinary demands and stresses and shall provide, under the direction of the Stress Support Unit, evaluation, education and stress mediation through a Critical Incident Debriefing process.

Sec. 4.0 Critical Incident Definitions

Sec. 4.1 Barricaded Suspect: Any person who has the demonstrated capability and/or the stated intention to cause death or great bodily harm to himself and/or another person and has achieved tactical superiority by the use of physical obstruction including but not limited to buildings, open fields, vehicles or any other natural or man-made barrier.

Sec. 4.2 Critical Incident: Any man-made or natural disaster, major violent incident, or incident involving an act of violence or potential act of violence in which public safety personnel and/or civilians are subject to extreme danger.

Sec. 4.3 Code 99: The Department’s code which identifies a situation as being a Special Threat Situation and sets the appropriate notification/response system in action.

Sec. 4.4 Code 100: The Department’s code which identifies a situation as being a Crowd Control Problem and sets the appropriate notification/response system in action.

Sec. 4.5 Code 101: The Department’s code which identifies a situation as one involving Fire, Explosion or Structural Collapse incidents and sets the appropriate notification/response system in action.

Sec. 4.6 Code 102: The Department’s code which identifies a situation as being one involving a Mass Casualty incident and sets the appropriate notification/response system in action.

Sec. 4.7 Code 103: The Department’s code which identifies a situation as being a Natural Disaster (e.g. hurricane, major storm, etc.) incident and sets the appropriate notification/response system in action.

Sec. 4.8 Code 104: The Department’s code which identifies a situation as being one involving Hazardous Materials (HazMat) or Weapons of Mass Destruction (WMD) incidents and sets the appropriate notification/response system in action.

Sec. 4.9 Code 105: The Department’s code which identifies a situation as being one involving Active Shooter Rapid Deployment Protocol incidents and sets the appropriate notification/response system in action.

Sec 4.9.1, Code 106 (Patrol Rifle): The Department’s code which identifies a situation in which all available on-duty Patrol Rifle Officers are requested to respond to a designated location for reassignment.

Sec. 4.10 Critical Incident Negotiation Team: A group of sworn officers who have been specially trained in negotiation techniques.

Sec. 4.11 Critical Incident Negotiation Team Coordinator: A Superior Officer who is an active member of the Critical Incident Negotiation Team, as well as being responsible for their selection, training, operational use and administrative affairs.
Sec. 4.12 Crowd Control Problem: Any situation involving a large crowd of people where the use of planned tactics is necessary to maintain public safety.

Sec. 4.13 Entry and Apprehension Team: Officers, under the direction of a supervisor, specifically trained and equipped in containment, assault and firearm tactics, for the purpose of apprehending persons who are probably armed and/or barricaded and/or the rescue of hostages or victims.

Sec. 4.14 Firearms Control: Absolute adherence to the principle that there shall be no discharge of firearms unless authorized by the Incident Commander, except in self defense or the preservation of life.

Sec. 4.15 Hostage Situation: Any incident where a suspect(s) is holding a hostage(s) and where the suspect(s) threatens the life of, or great bodily injury to, the hostage(s), with the unlawful intent of evading arrest, escaping, obtaining the release of persons in custody, obtaining money and/or property or attaining any other objective.

Sec. 4.16 Incident Base: Location at the incident where the primary logistics functions are coordinated and administered. The Incident Command Post may be collocated with the Base.

Sec. 4.17 Incident Commander (IC): The Incident Commander (IC) shall be the person with responsibility for the overall management of the incident. Except in multi-jurisdictional or multi-functional Unified Commands, the command function is the responsibility of a single person, who remains in command until formally relieved, or until transfer of command is accomplished. The IC shall be the highest ranking officer present, subject to the provisions of Rule 101, concerning Command and Control. Whenever a District Commander is relieved of the position of Incident Commander by a person of higher rank, the District Commander shall then be the Deputy Incident Commander.

Sec. 4.18 Incident Command Post (ICP): The location at which the primary command functions are executed. The ICP may be collocated with the Incident Base.

Sec. 4.19 Incident Command System (ICS): A system of incident management with the flexibility to expand and contract to meet the needs of any situation. It is a nationally recognized system that was originally mandated for use in Hazardous Materials Incidents. ICS is a model for all multi-jurisdictional events and provides for the proper application of five major management activities – Command, Operations, Planning, Logistics and Finance. It also provides a workable framework for Mobilizations and De-Mobilizations, and in cases of multi-jurisdictional or multi- functional responsibilities, allows for the formation of a Unified Command.

Sec. 4.20 Information Officer: A sworn officer from the Office of Media Relations shall be designated by the IC as the Information Officer, who shall ensure the security of the Press Area and coordinate with the Incident Commander as to what information can be released without jeopardizing the safety of the hostages, the police or the tactical plan.

Sec. 4.21 Liaison Officer: A Superior Officer so designated by the IC who shall act as the command officer of the command post. The Liaison Officer shall serve as the link to outside resources and agencies and coordinate the arrival and placement of resources, both personnel and material with the Staging Area Manager.

Sec. 4.22 Operations Chief (OC): The person in charge of the Operations Section who is responsible for the management of all tactical operations at the incident. Unless otherwise designated by the IC, the Operations Chief shall be the highest ranking officer present from the Special Operations Division.

Sec. 4.23 Operations Section: The Section responsible for all tactical operations at the incident. The Section includes any Branches, Divisions and/or Groups, Task Forces, Strike Teams, Single Resources and Staging Areas necessary to support tactical operations.

Sec. 4.24 Perimeter:
Sec. 4.24.1 Inner Perimeter: Area of containment closest to the situation.
Sec. 4.24.2 Outer Perimeter: Area of containment located immediately outside of the inner perimeter.
Sec. 4.24.3 Traffic Perimeter: Area of containment farthest from the situation, that prevents unauthorized persons from interfering with the situation.
Sec. 4.25 Recording Officer: Until otherwise designated by the IC, the Recording Officer shall be an officer assigned to the original response unit. The Recording Officer shall keep an incident log of all the pertinent facts and details surrounding the incident in chronological order.

Sec. 4.26 Sniper: Any person who causes, attempts to cause or threatens to cause death or bodily injury to other persons by discharging or threatening to discharge a firearm or other lethal weapon from an initially concealed position.

Sec. 4.27 Special Threat Situation: Any situation involving a barricaded suspect, a hostage situation, a threatened suicide or the execution of a search/arrest warrant.

Sec. 4.28 Staging Area: Location(s) at an incident which provide for efficient resource management by providing a specific location(s) beyond the outer perimeter for responding personnel, equipment and units to be placed while awaiting an operational assignment. Unless the Logistics Section has been activated, Staging Areas are managed by the Operations Section under the direction of a Staging Area Manager.

Sec. 4.29 Staging Area Manager: Unless the Logistics Section has been activated, the Staging Area Manager reports to the Operations Section Chief and is the person responsible for checking-in and managing the resources being held in reserve at the Staging Area while they are awaiting an operational assignment. The Staging Area Manager shall be responsible for ensuring that an accurate record is kept of all responding units and/or personnel and that a report of such is provided to the Recording Officer at the conclusion of the incident.

Sec. 4.30 Terrorism: The calculated use of violence or threats of violence by a person(s) or a group(s) to instill fear for the purpose of coercing or intimidating governments or society in the pursuit of goals that are generally political, religious or ideological.

Sec. 4.31 Unified Command: A unified team effort which allows all agencies with responsibility for an incident, either geographical or functional, to manage the incident by establishing a common set of incident objectives and strategies. This is accomplished without losing or abdicating agency authority, responsibility or accountability.

Sec. 5.0 Critical Incident Types
Response procedures using the Incident Command System shall be utilized for all Critical Incidents, including, but not limited to:

1. Special Threat Situations – Code 99 (see Addendum A);

1. Barricaded suspect;
2. Hostage situation;
3. Threatened Suicide; and
4. Execution of Search/Arrest Warrants;
2. Crowd Control Incidents – Code 100 (see Addendum B);
3. Fire, Explosion and Structural Collapse Incidents – Code 101 (see Addendum C);
4. Mass Casualty Incidents – Code 102 (see Addendum D);
5. Natural Disasters, e.g., blizzard, hurricane, major snow or ice storm, etc. – Code 103 (see Addendum E);
6. Hazardous Materials (HazMat) and Weapons of Mass Destruction (WMD) Incidents – Code 104 (see Addendum F);
7. Active Shooter Rapid Deployment Protocol Incidents – Code 105 (see Addendum G).

Sec. 6.0 Duties and Responsibilities of Responding Officers
The following duties and responsibilities apply in all situations in which the Boston Police Department is the agency with primary responsibility for resolving a particular type of critical incident. The duties and responsibilities of Boston Police Officers at critical incidents that are the primary responsibility of other agencies (EMS, Fire, etc.) shall be to provide support to those agencies by performing duties such as, directing traffic, controlling access (perimeter control) and conducting evacuations and warnings.

Sec. 6.1 First Responding Officers:
The first officer(s) to arrive at the scene, regardless of rank, shall assume the duties of Incident Commander (IC) until relieved and shall:

1. Determine the type of Critical Incident;
2. Identify and locate any injured persons, rendering first aid as necessary, and evacuate both the injured and any bystanders, if it is safe to do so;
3. Notify the dispatcher and relay the following information:

1. Appropriate Critical Incident code;
2. Exact location of the incident;
3. Location to which responding units should be sent; and
4. Areas or streets that may be unsafe for units to enter;
4. Request a Patrol Supervisor;
5. Detain witnesses to establish the following:
1. Crime(s) committed, if any;
2. Number of suspect(s) and weapon(s), if any;
3. Number and location of hostage(s), if any; and
4. Identity of all parties involved;
6. Maintain radio communication with the Dispatch Center keeping the dispatcher informed of progress of the situation; and
7. Keep the radio channel as clear as possible by maintaining appropriate radio discipline.
The response unit originally assigned to the call by the dispatcher is responsible for completing the incident report. Unless otherwise designated by the IC, this unit will be assigned as the Recording Officer for the incident and shall maintain an incident log of all the pertinent facts and details surrounding the incident in chronological order.

Sec. 6.2 Patrol Supervisor:
The Patrol Supervisor assigned by the dispatcher shall:

1. If the Patrol Supervisor is the highest ranking officer present, subject to the provisions of Rule 101, concerning Command and Control, announce arrival and assumption of command to all officers on-scene by radio and assume the duties of Incident Commander (IC);
2. Ensure that the Recording Officer maintains an incident log of all responding units, assignments, events, radio traffic and any other pertinent facts and details surrounding the incident in chronological order;
3. Debrief the first responding officer(s);
4. Evaluate the situation, verify the type of Critical Incident and notify Operations to make the appropriate notifications;
5. In coordination with the dispatcher, shift to an alternate communications channel or request a clear channel. Ensure that all officers on scene and in the Staging Area(s) make the shift to the appropriate radio channel;
6. Establish an inner perimeter. (The inner perimeter is to be staffed only by authorized uniformed personnel, excepting Negotiators. Where necessary, personnel shall be deployed or re-deployed based on the degree of danger to officers, bystanders and hostages.);
7. Establish an outer and traffic perimeter and deploy perimeter control personnel. Allow only authorized persons inside the outer perimeter;
8. Ensure injured and bystanders are evacuated, if safe to do so;
9. Establish a forward command post (FCP) and request the mobile command post (MCP) respond to a designated Staging Area;
10. Establish a Staging Area beyond the outer perimeter and ensure that all responding units report to that location. Assign an officer to act as the Staging Area Manager at the Staging Area;
11. Assign personnel to obtain required police information and continue communications, if established;
12. Request additional resources, as necessary; and
13. Ensure containment and isolation of crime scene and perimeter areas.

Sec. 6.3 District Commander:
The District Commander shall:

1. Announce arrival and assumption of command to all officers on-scene by radio; evaluate the situation and debrief the Patrol Supervisor;
2. Assume command as the IC unless relieved;
3. Maintain control of the inner perimeter; and
4. Ensure establishment of an Incident Command Post and press assembly area and assignment of a sworn officer as the Information Officer. When available, the person designated as the Information Officer shall be relieved by the Director of the Office of Media Relations, who shall then be designated as the Information Officer.

Sec. 6.4 Incident Commander:
The IC shall have absolute command and control over the Critical Incident. The IC has full responsibility and authority over all personnel, equipment and their utilization for the duration of the incident. Additionally, the IC shall:

1. Announce arrival and assumption of command to all officers on scene by radio.
2. Ensure establishment of Command Post and its communications links and assign an officer as Liaison Officer.
3. Maintain liaison with concerned agencies and other affected jurisdictions and establish a Unified Command system if necessary;
4. Debrief the previous Incident Commander involved in the incident to obtain a clear understanding of the situation and evaluate the resources on scene.
5. Appoint and/or designate individuals to fill ICS Command Staff positions as deemed necessary;
6. Call on any other Department or outside resources needed to support and/or resolve the situation.
7. Ensure that only uniformed officers, with the exception of Hostage Negotiators, are at or within the inner perimeter.
8. Obtain maps of the area and a floor plan of the location.
9. In the absence of a Planning Section having been designated, assign officers, preferably Detectives, to obtain background information and gather intelligence.
10. Ensure the availability of persons with necessary technical skills or persons with pertinent knowledge regarding the incident.
11. Ensure contact with Stress Support Unit personnel and assignment of trained peer counselors for the Critical Incident Stress debriefing process, if deemed necessary;
12. After the incident has been resolved, conduct a Technical Debriefing; and
13. In conjunction with a Formal Debriefing, prepare the After Action Report for the Chief, Bureau of Field Services. The Formal Debriefing and After Action Report shall critique the entire operation, including the management of the incident and the units, personnel and equipment involved.

Sec. 6.5 Dispatcher – Communications Division:
Upon being notified that a Critical Incident actually exists, the dispatcher shall immediately direct a Patrol Supervisor to respond, if one is not already on the scene.

Additionally, the dispatcher shall:

1. Advise the Operations Duty Supervisor of the situation;
2. Assign a separate radio frequency or clear the channel of the incident and advise all units to maintain radio discipline;
3. Dispatch sufficient units to contain and isolate the area as directed by the IC. Units so deployed will be sent to the Staging Area to check in with the Staging Area Manager and stand by for assignment(s);
4. Determine and advise responding units of streets that may be unsafe to enter;
5. Notify the responding Patrol Supervisor of actions taken and request that the Patrol Supervisor notify Operations of the status of existing conditions and requests for specific needs;
6. Dispatch ambulance and fire apparatus to the Staging Area; and
7. Advise all units not assigned to the incident to remain out of the area.

Sec. 6.6 Duty Supervisor: Communications Division
The Duty Supervisor, Communications Division when notified by a dispatcher that a Critical Incident could exist shall:

1. Notify through the most efficient means available, the Commissioner’s Office, the Office of the Superintendent-in-Chief, the Chief, Bureau of Field Services, Commander, Special Operations Division, the District Commander and, if applicable, the Area Deputy Superintendent, the on-call Deputy Superintendent and, if applicable, the Night Superintendent.
2. Designate a Communications Division Clerk(s) to begin a log of all radio and telephone communications requests and notifications made relative to the incident.
3. Notify the Telecommunications Management Unit for the Mobile Command Post, and Lighting Unit to respond, as directed by the IC.
4. Establish and maintain telephone contact with the Mobile Command Post as soon as it is on scene.
5. Ensure that all actions required of the Dispatcher have been performed and that appropriate radio discipline is being maintained.
6. Monitor the incident and ensure that all officers involved are advised of changes in command and other important information.
7. Request assistance of support agencies, e.g., Public Utilities, as necessary when requested by IC.
8. Notify the Stress Support Unit’s on-call officer that a Critical Incident is in progress and direct them to respond to the Staging Area.

Sec. 7.0 Support Personnel and Services

Sec. 7.1 Radio Shop/Signal Services: Upon being notified of a Critical Incident, the Radio Shop shall deploy to the scene with the Mobile Command Post, fully equipped for response for Critical Incidents.

Sec. 7.2 Liaison Officer: A Superior Officer shall be designated the Liaison Officer by the IC. The Liaison Officer shall act as the command officer of the command post and shall also be the link to outside resources and agencies and coordinate the arrival and placement of resources, both personnel and material with the Staging Area Manager.

Sec. 7.3 Information Officer: A sworn officer from the Office of Media Relations shall be designated by the IC as the Information Officer. The Information Officer shall ensure the security of the Press Area and coordinate with the Incident Commander as to what information can be released without jeopardizing the safety of the hostages, the police or the tactical plan.

Sec. 7.4 Logistics Section Chief: In the event of a prolonged operation the Incident Commander shall designate a person to assume the responsibilities of Logistics Section Chief, who shall be responsible for the following, when so ordered by the IC:

1. Establish central transportation and supply post at or near the Staging Area;
2. Maintain and issue supplies required for operation;
3. Arrange for feeding and bedding of officers if necessary;
4. Maintain complete record of supplies and equipment issued;
5. Account for expenditures, lost or damaged property and contractual agreements; and
6. Inspection and maintenance of equipment and rehabilitation of personnel.

Sec. 8.0 Post Incident Procedures

Sec. 8.1 Technical Debriefings: Upon termination of a Critical Incident the IC shall conduct a Technical Debriefing of all personnel involved in the incident and ensure Stress Support Unit personnel make arrangements for Critical Incident Stress Debriefings.
Conducted by the Incident Commander with all personnel directly involved, including Communications Division personnel, the purpose of the Technical Debriefing is to critique the Department’s response, both in terms of personnel and resources, while events are fresh in the minds of the participants, for the purpose of learning, evaluating and making recommendations, as well as to aid in preparation of the After Action Report.

Sec. 8.2 Critical Incident Stress Debriefings: Upon termination of a Critical Incident, if deemed necessary by the Director, Stress Support Unit, or designee, incident debriefings of personnel intensely involved in and/or affected by the incident, for the purpose of post-incident stress evaluation, education and mediation shall be conducted. These debriefings will be conducted by members of the Boston Police Critical Incident Support Team (BPCIST).
The Boston Police Critical Incident Support Team (BPCIST) Coordinator and/or other team members will be dispatched to the appropriate location to conduct a post-incident defusing for the officers involved in a Critical Incident. The on-scene BPCIST members will further assess the situation to determine the need for a formal debriefing and communicate their findings to the BPCIST Coordinator who shall further advise the Director, Stress Support Unit.
Upon being advised by the BPCIST Coordinator, a formal debriefing may or may not be required at the discretion of the Director, BPD Stress Support Unit or their designee.
Whenever a formal Critical Incident Stress Debriefing is deemed necessary, attendance by all officers directly involved shall be mandatory. It is the responsibility of the BPCIST Coordinator, or their designee from the Team, to notify the District or Unit Commander of the time and place the formal CISD will be held. District or Unit Commanders shall ensure that the officers involved in the incident attend.

Sec. 8.3 After Action Report/Formal Debriefing
The Incident Commander shall submit to the Chief, Bureau of Field Services, in addition to any other reports required, an After Action Report which shall include an analysis of the personnel, equipment, operation and management of the incident, as well as any recommendations for improvement.
Upon submission of all reports, the Chief, Bureau of Field Services shall hold a Formal Debriefing with the IC, Commander of the Special Operations Division, all involved Unit Commanders and any others he so designates, for the purpose of learning, evaluating and making recommendations.

Addendum A – Code 99
Special Threat Situations
1. Barricaded Subjects/Hostage Situations/Threatened Suicides
General Considerations
Special Threat Situations are among the most delicate and sensitive encounters the Department is called upon to handle. Lives are at stake and the actions of the Department will determine the outcome. The success of any Special Threat Situation plan hinges on unity of command, teamwork, communication, coordination of personnel and tactical decision making.
The procedures described herein are designed to address those actual situations which have reached such a serious magnitude that a major Department response is necessary. It does not address those incidents which can and/or must be resolved immediately.
The very nature of barricaded suspect or hostage situations indicates that this is an extremely sensitive area. The following guidelines are intentionally broad in scope, because no two situations are exactly alike. Whether it be the number of hostages and/or suspects, the mental condition of the suspect(s), the geographical location, or any other variable, each situation must be evaluated and acted upon in its own set of circumstances.

Sec. 1 Negotiation/Use of Force Policy
Once it has been determined that a Special Threat Situation exists, the Communications Division shall be notified that a Code 99 situation exists. It is the policy of this Department that except for situations where exigent circumstances require an immediate forceful response, non-force alternatives will be utilized before resorting to forceful measures. The goal to be pursued in responding to these situations is the successful termination of the operation without injury and/or loss of live. Additionally, it is the policy of this Department that the Boston Police SWAT Tean shall be utilized in all Special Threat Situations and that the Critical Incident Negotiation Team shall be utilized in all Special Threat Situations involving Barricaded Subjects, Hostages and/or threatened suicides.

Sec. 2 Goal of Negotiations
In these situations the primary goal of the Department is to save and preserve the lives of police officer(s), the hostage(s), citizen(s), and hostage taker(s), barricaded suspect(s) and/or threatened suicides.

In order to achieve this goal the Department will pursue the following objective:

1. Establish and maintain complete organizational control on scene.
2. Obtain tactical advantage over the suspect(s).
3. Negotiate safe release of the hostage(s) and apprehension of the suspect(s).
4. Explore every source of intelligence information.

Sec. 3 Purpose of Negotiations
The primary purpose of negotiation is to slow down the initiative of the suspect(s) and create an atmosphere of trust. Most suspects are in a state of conflict and anxiety: and are emotionally unstable, hypersensitive to their environment, and unable to cope or focus their thoughts. The first objective of the negotiator is to reduce the suspects anxiety and return the suspect(s) to a decision-making state. Communication and stalling for time are the primary tactics used. Time allows the police to prepare alternatives, plan for different eventualities and provides an opportunity for the suspect(s) to make a mistake. Practically all demands are negotiable, except, demands for weapons and explosive materials, or the exchange of hostages.

Sec. 4 Stockholm Syndrome:
During any hostage situation, negotiators and other police personnel should be aware of the Stockholm Syndrome. It consists of one or more of the following behaviors:

1. The hostages begin to have positive feelings toward their captors;
2. The hostages begin to have negative feelings toward the authorities; or
3. The hostage takers begin to develop positive feelings towards their hostages.
Being aware of this syndrome is essential when considering the validity of information from hostages or attempting a rescue assault.

Sec. 5 Use of Outside or Third Party Interveners
Third party Interveners, i.e. family, friends, clergy, psychiatrists, etc.: use of such parties must be carefully considered and shall not be allowed unless:

1. The Critical Incident Negotiation Team Coordinator or his designee has interviewed and approved the person, and
2. The IC has approved his/her utilization upon the recommendation of the Critical Incident Negotiation Team Coordinator.
Past experience has demonstrated that family members in particular can cause negative responses and aggravate the situation.

Therefore, before allowing their use as third party Interveners, the Critical Incident Negotiation Team Coordinator will:
1. Determine their identity, background and character.
2. Determine the constructive potential and likely impact of the intervener(s) on the suspect.
3. Establish clear guidelines for intervener’s participation.
4. Brief the intervener(s) and agree on what position they will establish with the suspect(s).

Sec. 6 Containment and Fire Control
That stabilization of life-threatening situations through containment and fire control creates a tactical environment in which negotiation and problem solving can provide the basis for resolving the incident.
The primary concern of all personnel is the protection of life, whether it be of police officers, hostage(s), suspect(s), or innocent person(s). Therefore, after the initial confrontation is over and the situation is contained, only the Officer-In-Charge can authorize the discharge of weapons. No officer shall discharge a firearm without authorization of the Officer-In-Charge except in an emergency, self-defense or preservation of life.

Sec. 7 First Responding Officers:
The first responding officer and/or supervisor must recognize and carefully assess the seriousness and potential threat inherent in a potential barricaded suspect or hostage incident.

The first officer(s) to arrive at the scene, usually patrol officers, shall:

1. Respond utilizing controlled – silent response;
2. Determine that a Special Threat Situation exists by determining;

1. Whether or not a suspect has seized hostages;
2. If a suspect has contained himself by gaining physical control of the crime scene;
and
3. If this is a threatened suicide requiring the intervention of a trained negotiation team and/or entry and apprehension team.

3. Not return fire or assault the suspect. Officers shall exercise restraint in using firearms.
Return fire must be based on the immediate threat to life or great bodily injury by a suspect, the hostage/bystanders must be clear of the line of fire and the armed suspect must be clearly visible and identifiable.
4. Contain the suspect by establishing an inner perimeter and begin isolating the area;
5. Notify the dispatcher and relay the following information;

1. A Code 99 situation exists;
2. Exact location of the incident;
3. Number and location of hostages;
4. Number and description of suspects and weapons;
5. Possible avenues of escape;
6. Location to which responding units should be sent;
7. Areas or streets that may be unsafe for units to enter.

6. Request the Patrol Supervisor;
7. Evacuate injured and bystanders;
8. Detain witnesses;
9. Develop Required Police Information (RPI) including;

1. Crime committed;
2. Number of suspects and weapons;
3. Number and location of hostages;
4. Injuries;
5. Identity of all parties involved.

10. Attempt to establish communication with the suspect, but make no attempt to negotiate with the suspect;
11. Avoid accepting deadlines;
12. Make no threats; and
13. Maintain radio communication with the Dispatch Center keeping the dispatcher informed of progress of the situation.

Unless otherwise assigned by the IC, the unit originally assigned to the call by the dispatcher is responsible for completing the incident report, taking charge of prisoners and filing complaints when necessary.

If the originally-assigned unit is re-assigned by the IC or is unable to remain at the scene, the Patrol Supervisor or the IC shall assign a unit to replace the originally assigned unit.
The replacement unit shall be responsible for completing the incident report, taking charge of any prisoners and filing complaints when necessary.

Sec. 8 Patrol Supervisors:
In addition to the general responsibilities of responding Patrol Supervisors, the Patrol Supervisor assigned by the dispatcher shall:

1. Assume the duties of the IC and announce arrival and assumption of command to all officers on scene by radio;
2. Assign an officer to maintain a log of all responding units, assignments, events and radio traffic;
3. Evaluate the situation and debrief the first responding officers;
4. In conjunction with the dispatcher, sift to an alternate communications channel or request a clear channel. Ensure that all officers on scene are informed and make the shift.
5. Establish an inner perimeter staffed by uniformed personnel only, excepting Hostage Negotiators, until such duties can be assumed by the Boston Police SWAT Team. Deploy
and/or re-deploy personnel based on the degree of danger to officers, bystanders and hostages;
6. Ensure the injured and bystanders are evacuated;
7. Establish an outer and traffic perimeter and deploy perimeter control personnel;
8. Establish a forward command post (FCP) and request the mobile command post (MCP);
9. Establish a staging area beyond the outer perimeter and ensure that all responding personnel and units report to that location for check in. Assign an officer to act as the staging area manager;
10. Assign personnel to develop required police information (RPI), to gather intelligence and to continue communications, if established;
11. If not established yet, establish communication with the suspect, but make no attempt to negotiate;
12. Request that the Boston Police SWAT Team and the Critical Incident Negotiation Team respond;
13. Request that an ambulance and fire apparatus respond to the staging area; and
14. Ensure continued containment and isolation of the area.

Sec. 9 District Commanders:
In addition to the general responsibilities of responding District Commanders, the District Commander shall:

1. Assume the duties of the IC and announce arrival and assumption of command to all officers on scene by radio;
2. Evaluate the situation and debrief the previous IC (Patrol Supervisor);
3. Maintain control of inner perimeter until such duties are turned over to the Boston Police SWAT Team;
4. Ensure the establishment of a command post and press assembly area;
5. Assign an officer to be the Liaison Officer to maintain communication with concerned agencies and other affected jurisdictions;
6. Request additional resources and units, as necessary;
7. Ensure that personnel have been assigned to develop required police information (RPI), to gather intelligence and to continue communications, if established;
8. Ensure that an inner perimeter has been established that is staffed by uniformed personnel only, excepting Hostage Negotiators, until responsibility for such duties is taken over by the Boston Police SWAT Team and such other uniformed personnel as may be necessary. Deploy and/or re-deploy personnel based on the degree of danger to officers, bystanders and hostages;
9. Obtain maps of the area and floor plan of the location;
10. Ensure that the Boston Police Critical Incident Support Team has been notified; and
11. At the conclusion of the situation, prepare and submit the After Action Report.

Sec. 10 Dispatch Center Dispatcher:
Upon being notified that a Special Threat Situation (Code 99) exists, the dispatcher shall immediately direct a Patrol Supervisor to respond, unless one is already on scene. Additionally, the dispatcher shall:

1. Advise the Dispatch Center Duty Supervisor of the situation;
2. Assign a separate radio frequency or clear the channel for the incident;
3. Dispatch sufficient units to contain and isolate the area. Units so deployed will be sent to the staging area unless directed to specific points by the IC;
4. Advise responding units of streets that may be unsafe to enter or use;
5. Notify the responding Patrol Supervisor of actions taken and request that the PS notify Operations of the status of existing conditions and any requests for specific needs;
6. Dispatch ambulance and fire apparatus to the staging area; and
7. Advise all units not assigned to the incident to remain out of the area.

Sec. 11 Dispatch Center Duty Supervisor:
When notified by a dispatcher that a Special Threat Situation exists, the Dispatch Center Duty Supervisor shall:

1. Notify the Commissioner’s Office, the Bureau of Field Services, The Bureau of Special Operations, the on-call Deputy Superintendent, the Area and/or District Commander and the Commander of Mobile Operations.
2. Designate a Communications Division Clerk to begin a log of all radio communication requests and notifications made relative to the incident;
3. Notify the Critical Incident Negotiation Team Coordinator and the on-call Critical Incident Negotiation Team;
4. Notify the Commander, Boston Police SWAT Team;
5. Notify the Radio Shop and have the Mobile Command Post and the Lighting Unit respond;
6. Establish and maintain land line contact with the Mobile Command Post as soon as possible;
7. Ensure that all actions required of the dispatcher have been performed;
8. Monitor the progress of the incident and ensure that all officers involved are advised of changes in command and other important information;
9. When requested by the IC, request necessary assistance from other agencies;
10. Notify the Boston Police Critical Incident Support Team that a critical incident is in progress and provide them with the land line number of the Mobile Command Post.

Sec. 12 Critical Incident Negotiation Team Coordinator

1. Administrative Responsibilities:

1. Selection of the Critical Incident Negotiation Team Members.
2. Planning and scheduling of training programs for newly selected and experienced negotiators.
3. Maintenance of an on-call system and Team Roster which will be provided to the Commander, Communications Division. The Commander, Communications Division is responsible for posting the list in the Dispatch Center Duty Supervisor notification log.
4. Evaluation of Critical Incident Negotiation Teams and members. Periodic review of needs and goals in order to maintain proficiency.
5. Design and development of innovative techniques and equipment for Critical Incident Negotiation Team members.

2. Operational Responsibilities:

1. Function under the command and control of the Incident Commander, unless an Operations Section Chief has been designated.
2. Assume responsibility for all Critical Incident Negotiation Team operations.
3. Use the on-call system and Team Roster to request specific negotiators to respond to the scene.
4. Determine the number of negotiators needed at the scene to efficiently and effectively maintain Critical Incident Negotiation Team (unit) operations.
5. Assign each negotiator at the scene.
6. Act as staff advisor to the IC regarding the status of negotiations, the capabilities and resources of the Critical Incident Negotiation Team and alternative tactics.
7. Evaluate ongoing negotiations and recommend the implementation of various strategies to negotiators.
8. Coordinate Critical Incident Negotiation Team operations with the Entry and Apprehension Team Commander.
9. Evaluate suspects and the suspect’s potential for destructive behavior.
10. Secure and determine which persons other than negotiators may speak with the suspect.

Sec. 13 Critical Incident Negotiation Team
The Critical Incident Negotiation Team will deploy to the scene upon notification. At the scene, they will be under the command and control of the Critical Incident Negotiation Team Coordinator. Team members will assist the primary negotiator or act as the primary negotiator when so directed. Their duties shall include:

1. Contact the suspect.
2. Keep the suspect in a problem-solving status.
3. Develop alternative tactics and/or options for the peaceful resolution of the suspect(s).
4. Develop intelligence information as to the identity, cause and demands of the suspect(s).
5. Interview all witnesses, police and civilian, who may have relevant information.
6. Assist the Boston Police SWAT Team Commander.
7. Advise and update Critical Incident Negotiation Team Coordinator as to situation status, direction and tactics utilized.

Sec. 14 Boston Police SWAT Team:
Responsibilities of the Entry and Apprehension Team are:

1. Respond with adequate personnel when notified by the Communications Division;
2. Be under the command of and act as staff advisor to the IC as to the capabilities and resources of his unit;
3. Supervise and direct all personnel manning the inner perimeter;
4. Limit access to inner perimeter and strictly enforce the policy that only authorized uniformed personnel, except Negotiators, shall be at or forward of the inner perimeter;
5. Have Boston Police SWAT Team personnel in position to ensure the safety of Negotiators and hostages;
6. Ensure the presence of specialized equipment and personnel with the necessary technical skills for the proper use of such equipment are brought to the scene. Deploy special equipment and munitions within established guidelines;
7. Ensure the evacuation of civilians and unauthorized police personnel;
8. Obtain and/or provide maps, floor plans, etc., of locations where hostages are held;
9. Provide scouting reports of location(s) where hostages are held;
10. Deploy sniper/observer teams to cover and observe locations where hostages are held;
11. Ensure the suspect(s) and suspect’s location are under constant surveillance;
12. In conjunction with the IC, develop plans that allow decisive action to be taken, if and when conditions provide a tactical advantage;
13. Designate personnel from the Boston Police SWAT Team to take the suspect(s) into custody in the event of a peaceful or negotiated surrender;
14. Designate personnel from the Boston Police SWAT Team to make a forced entry if one is required;
15. Designate personnel from the Boston Police SWAT Team to follow the hostage movement vehicle if one is negotiated and contain the perimeter at the new location;
16. Initiate tactical and operational plans upon being so directed by the IC or a designated Operations Section Chief.

Sec. 15 Mobility/Relocation
The movement of a hostage location is an extremely hazardous operation requiring precision, coordination and control. Therefore, due to the inherent dangers involved in a change of location, the relocation of the hostage-takers and hostages(s) should be executed only when all other alternatives have failed and the relocation will:

1. Improve the safety of the hostage(s);
2. Result in the reduction of the number of hostages held.
The movement of the hostage-taker(s) and hostage(s) should include electronic surveillance, vehicle surveillance of front, rear and parallel streets and air cover. The movement shall be controlled. All major roadways, parallel streets and intersecting streets shall be closed to allow the unobstructed passage of the convoy. If possible, the relocation site should be selected in advance and secured by Boston Police SWAT Team personnel.

Sec. 15.1 Change in Jurisdictional Responsibility
If the relocation movement involves intra-state, interstate or international boundaries, the state Police, FBI, FAA and IC of the new jurisdiction shall be notified and included in the planning at the earliest possible moment.

In Special Threat Situations where the hostage/victim is a foreign official or an official guest of the United States, or which involves a federal crime, such as bank robbery, jurisdiction is shared concurrently by the FBI and Boston Police Department. If control of the situation was initiated by the Boston Police Department, primary jurisdiction shall be retained by the Boston Police Department until or unless the FBI clearly states that they are assuming command of the situation. In such instances, the FBI is then responsible for bringing the situation to a successful conclusion.

If the Special Agent-in-Charge of the FBI Boston Office, or his designee, states that jurisdiction of the situation will remain concurrent, decisions will be made jointly between the Boston Police Department IC and the senior FBI Special Agent on scene by establishing an ICS Unified Command.

Sec. 15.2 Post-relocation Consolidation and Negotiation
Unless exigent circumstances develop which require an immediate forceful response, upon establishment of the suspect(s) and the hostage(s) at a new location, the IC shall re-evaluate the situation and attempt to re-establish negotiations.

Sec. 16 Post-Incident Procedures
Post-Incident procedures (after-action reports, debriefings, etal) will be conducted in accordance with standard critical incident post-incident procedures.

Addendum B – Code 100
Crowd Control Situation

Introduction:
In the United States of America, as in the City of Boston, all people have a First Amendment right of free speech and assembly guaranteed by both the federal and state constitutions. The Boston Police Department not only recognizes the right of free speech, but also will actively protect people in the exercise of this right. It is the policy of the Boston Police Department that during marches, demonstrations, protests or rallies, whether they are planned or unplanned and/or possess parade permits or lack such permits, to preserve the peace while protecting the rights of all those assembled and protecting the property of all.
Along with guaranteeing the right to exercise certain freedoms or liberties, the Constitution places duties and obligations on both demonstrators and non-demonstrators – including members of law enforcement. Those who exercise their right to march, demonstrate, protest, rally or exercise any other First Amendment activity are obligated to respect and not abuse the civil and property rights of others. Likewise, police officers are obligated not to let their own personal, political or religious views affect their actions, regardless of the race, gender, sexual orientation, physical disabilities, appearance or affiliation of anyone exercising their lawful First Amendment rights.

Whenever it becomes necessary to control the actions of a crowd that has become an “unlawful assembly,” the Department shall do so with optimal efficiency, minimal impact upon the community and using only such force as is reasonable and necessary.
In crowd control situations where the demonstrators are engaged in unlawful conduct, the Department shall make reasonable efforts to employ “non-arrest” methods of crowd management as the primary means of restoring order. Such methods can be, but are not limited to, establishing contact with the crowd and obtaining voluntary compliance with police directives to minimize enforcement actions. Should such methods prove unsuccessful, arrests shall be made for violations of the law in order to restore and maintain order, protect life and property and protect vital facilities and infrastructures.

General Considerations:
Incident Command at the scene of a crowd control problem within the City shall reside with the Boston Police Department. In addition to the general responsibilities described previously, the duties of officers at a crowd control situation are to perform the following tasks within the limits of their training and personal protective equipment. A crowd is quick to sense fear, indecision, poor organization and training on the part of police officers and will take instantaneous advantage of it. The responsibilities placed on officers are important if they are to maintain the public tranquility and well being.

In managing a crowd control situation or civil disturbance, the policy of this Department is to use the least stringent phase of force necessary to accomplish the objective in the safest possible manner for all involved. The application of force is determined by the escalating levels or potential escalating levels of force faced by the officers in a crowd control situation or civil disturbance. Any and all use of force by the Boston Police Department and those law enforcement agencies called upon to assist the Boston Police Department shall be determined by the authorized Command and Control structure put in place for a particular crowd control or civil disturbance event – planned or unplanned.

As outlined above, it may not be feasible to apply each phase of the Use of Force Continuum in the order written. Circumstances may require that one or several of the phases be discarded depending upon the level of opposition encountered. The situation, use of force or violence used by the crowd, amount of damage being done to property that the Incident Commander or Tactical Commander encounters will dictate the phase and use of force by the police.
No two crowd control situations or civil disturbances are the same. This can be due to some of the following: type of event, location, weather, size of the crowd, make up of the crowd, mood of the crowd, time of day or night and any incidents that may have led up to the event or situation. The Incident Commander or Tactical Commander must consider the number of officers present to police the event and the type of equipment available to them at the time.
The Incident Commander or Tactical Commander must also consider the amount of time it will take for the equipment or additional officers to arrive to deal with the crowd control problem at hand.

The appropriate level of force will be determined and authorized only by the Incident Commander and/or the on-scene Tactical Commander.

Sec. 1 Types of Crowd Control Situations:
A. Organized Marches & Demonstrations (orderly crowd) – defined as a march or demonstration that takes place where the participants do no damage to property or injure any persons and do not materially interfere with the civil or property rights of others. In some cases, the participants will work with the police to move the march or demonstration along to its completion. Such marches or demonstrations may be planned or unplanned and could have a parade permit or lack a parade permit.
As long as the situation does not escalate, the responsibility of the police is limited to monitoring crowd activities. The police presence could be in platoon formation or in individual officers strategically placed in and around the area, including motorcycle escorts.
Normal patrol and use of force policies and responsibilities would apply.

B. Peaceful Civil Disobedience – defined as a march or demonstration that takes place where some or all of the participants engage in some form of civil disobedience. This type of situation could manifest itself as a peaceful building takeover, a “sit-down” that blocks the entrance to a building or roadway or marching against the traffic on public streets.
Demonstrators will sometimes ask to be arrested and/or will try to get arrested, and will assist and/or cooperate in the arrest process. Events such as these will usually not result in property damage and will involve only a limited infringement of the civil and property rights of others.
The initial response of the police at the scene of an unlawful, but non-violent march or demonstration will be to monitor the crowd’s activities and to provide a uniformed police presence while evaluating the situation. The Incident Commander or Tactical Commander on scene will determine whether or not to deploy crowd control tactics and formations and/or the use of force to make mass arrests based on the fluid scenario and the degree of disruption.

C. Non-Peaceful Civil Disobedience – defined as a march or demonstration, whether they possess a parade permit or lack such a permit, that could be static or moving where the participants engage in unlawful behavior that causes damage to property and/or injury to themselves or others. This type of march or demonstration significantly infringes on the civil or property rights of others and/or causes major disruption to the city’s infrastructure, parks, roadways, traffic or commerce.

The presence of police officers at the scene of a civil disturbance or crowd control situation will not necessarily prevent an unruly crowd from committing acts of violence or destruction of property. During non-peaceful acts of civil disobedience, violent marches, violent rallies or violent demonstrations, the Incident Commander will monitor the crowd’s behavior and direct law enforcement personnel to engage persons involved in any violent and/or criminal activities as appropriate. The Incident Commander or the Tactical Commander on scene will decide to what degree the Use of Force Continuum for Crowd Control Situations or Civil Disturbances outlined below shall be utilized, up to and including the employment of mass arrests to restore order.

Sec. 2 Use of Force Continuum for Crowd Control Situations and Civil Disturbances
The five phases of force described below do not alter or change the Use of Force policies of the Boston Police Department as described in BPD Rules 303, 303A and 304 and, to the extent possible, any and all law enforcement agencies working with the Department. These five phases of control are meant to give officers guidelines as to what weapons systems or tools are appropriate for particular situations and when to apply them.

Listed below in Section 8, (F), are the four levels of Department response to crowd control situations or civil disturbances and who should respond. Note that Level III (and higher) authorizes the Public Order Platoons, made up of members of the Special Operations Division the Youth Violence Strike Force and Drug Control Unit. Each to be equipped with less lethal weapons systems and chemical munitions and equipment and to utilize them as deemed necessary to neutralize the situation.

A. Constructive Force – mere uniformed police presence. This presence may be in the form of individual officers assigned to posts or officers assigned to crowd control formations. Officers may be in soft uniforms (standard police uniforms) or outfitted in authorized crowd control equipment.
Generally, there is no physical contact between police and demonstrators at this level of force.

B. Physical Force – in accordance with the provisions of BPD Rule 304, this is reasonable force, which is defined as the least amount of force that will permit officers to subdue or arrest a subject while still maintaining a high level of safety for themselves and the public. Such force may involve hands-on touching, but does not include the use or deployment of tools or weapons systems. The decision to use physical force may include the deployment of officers in squads or platoons whether they are on foot, motorcycles, bicycles, or in cruisers.
Such deployment may involve the use of approved crowd control formations such as skirmish lines, wedge formations, crossbow formations and arrest teams (with or without protective shields) that are capable of dispersing a crowd or making arrests.

C. Mechanical Force – Force within this area is broken down into two stages of tools and/or weapons systems:

1. Stage I – In accordance with Rule 304 §5, the Department currently authorizes several baton-type or impact implements for use as non-lethal weapons against assailants, i.e.,24” police baton, 36” riot batons, et cetera. Additionally, within this level Department issued incapacitating spray (OC spray), as well as the Jay-Corpepper ball system and/or smoke canisters may be utilized.
2. Stage II – Includes the use of Less-lethal projectiles, i.e., FN 303 projectile system, sting balls, 12 Gauge CTS Super Sock BeanBag Munitions, 37mm or 40mm launched munitions, noise flash diversionary devices and smoke canisters. Less-lethal munitions consist of projectiles launched or otherwise deployed for the purpose of overcoming resistance, preventing escape, effecting an arrest or reducing serious injury. Less-lethal munitions are meant to significantly reduce the likelihood of causing serious injury or death and are divided into three (3) broad categories:

a. Target Specific – Involves a situation where there is an identified individual target who is involved in unlawful or criminal activities. In tactical situations, any and all of the above weapons may be used by the Boston Police SWAT Team. Likewise, any and all of the above weapons systems may be authorized for use in a crowd control situation or civil disturbance. However, only officers who have been trained and certified in their use may use the above weapons.

b. Group Specific – Involves a situation where there is no identified individual target or where group behavior must be modified. In such situations, Department authorized less-lethal weapon systems would be utilized against a crowd in order to move them from an area, to prevent injury to civilians and/or officers or to prevent damage or destruction of property. As noted above, only officers who have been trained and certified in their use may use the above weapons.

c. Tactical Discharge – Involves a pre-planned operation. Most such situations will involve the Entry and Apprehension Team in situations such as warrant service against a high risk offender, neutralization of a barricaded subject, a high risk take-down arrest (either static or mobile), disarming an emotionally disturbed person that is doing or threatening harm to themselves or others, et cetera. In such situations, Department authorized less-lethal weapon systems would be utilized under the direction and supervision of the on scene Tactical Commander, but only by officers who have been trained and certified in their use.

D. Chemical Force – Tools or weapons systems that disperse chemical irritants or incapacitating spray. Such force includes, but is not limited to, the use of OC spray, handheld MK-9 or MK-46 canisters, OC sting ball munitions, Jac-Cor OC and FN 303 OC projectile systems, 12ga. launched munitions, 37mm and 40mm launched chemical munitions and hand-held and launchable CS agents.

E. Deadly Force – Deadly force may only be used in accordance with the provisions of BPD Rule 303. There is no exception to the Department’s use of force policy regarding the use of deadly force during crowd control situations and/or civil disturbances. Such situations do not alter the Department’s use of force policy regarding the use of deadly force.
It is the responsibility of the Incident Commander or, when designated, the Operations Section Chief (on scene Tactical Commander) to evaluate the crowd control situation or civil disturbance to determine the level of force to be utilized and to authorize its use.

Sec. 3 Definitions

A. Containment – to confine unlawful disorder to the smallest possible area.

B. Isolation – to prevent growth of the unlawful disorder and to deny access to others who, for their own safety, are not involved.

C. Dispersal – to disperse the crowd and to take appropriate action against law violators

Sec. 4 Tactical Objectives

A. Control the crowd, march or moving protest with safety and with minimal injury, taking into consideration the sworn officers, the protesters and the uninvolved bystanders.

B. Establish order and traffic control points as directed by the Incident Commander.

C. Respect the rights of all citizens to peacefully protest and/or march.

Sec. 5 Duties of First Responding Officer
In addition to any general responsibilities described previously, first responding officers shall:

A. Evaluate the situation and notify the Communications Division of the existence of a Code 100 event including its type, nature and/or cause. Possible types are not limited to:

1. Peaceful stationary protest;
2. Moving protest or march on city streets, parks or private property;
3. Building take-over or blocking of entrances or exits;
4. Sit-down protest in the city streets or on private property;
5. Demonstration at a government facility or transportation facility; and
6. Crowd control problem at a fire, structural collapse, HazMat incident, concert or sporting event;

B. Estimate the size of the crowd and their intentions, if known, and notify the Communications Division;

C. Request a Patrol Supervisor respond to the scene;

D. Assume the role of Incident Commander until relieved, including the following duties:

1. Identify a staging area for responding units;
2. Notify the Communications Division as to the best route for additional responding units;
3. Notify the Communications Division of the locations of streets that will need to be blocked, diverted or closed;
4. Request the Communications Division contact other agencies if impacted, e.g., MBTA Police, State Police, Federal Agencies and MBTA bus routes, if affected;
5. Begin an incident log; and
6. Prepare to brief the Patrol Supervisor.

Sec. 6 Duties of Communications Division

A. Notify the Patrol Supervisor responsible for that Sector;
B. Make all requested notifications and pages to Command Staff, the District Commander and any impacted outside Agencies; and
C. Prepare to open a clear channel for communications and assign a dispatcher for the incident, if requested.

Sec. 7 Duties of Patrol Supervisor
In addition to any general responsibilities described previously, upon arrival the Patrol Supervisor shall:

A. Announce arrival and assumption of the duties of the Incident Commander by radio;
B. Get a briefing from the first responding officer and re-evaluate the crowd control situation;
C. Re-evaluate the staging area and notify the Communications Division if the staging area will remain the same or be re-located due to the changing situation;
D. Assign someone to the staging area to act as the staging area manager;
E. Re-evaluate the size and/or number of people in the crowd and update the Communications Division;
F. Ensure that an incident log is being maintained, either by the first responding officer or another designee;
G. Assign or re-assign responding units and brief them as to their duties;
H. Attempt to make contact with the protest organizers and find out their intentions, their route of march and/or the length of their protest;
I. Attempt to determine if the event has been issued a permit by the City or another organization;
J. Meet with other agency representatives if on the scene (MBTA Police, State Police, Campus Police, Boston Transportation Department, et cetera);
K. Request that Mobile Operations respond, if deemed necessary;
L. Evaluate the need for further resources from the Bureau of Special Operations;
M. Request the activation of the Emergency Deployment Team (EDT), if deemed necessary;
N. Upon their arrival at the staging area, ensure that the EDT is properly equipped and are organized into equal squads under the command of a supervisor;
O. Evaluate the need to have prisoner transport wagons respond to the staging area; and
P. Prepare to brief the District Commander or other higher ranking officer who responds and assumes command.

Sec. 6 Duties of District Commander and/or Incident Commander
In addition to any other duties described previously, the District Commander or other higher ranking officer on scene shall:

A. Announce their arrival and assumption of the duties of the Incident Commander by radio;
B. Receive a briefing from the previous Incident Commander;
C. Re-evaluate the staging area and notify the Communications Division if the staging area will remain the same or be re-located due to the changing situation;
D. Ensure that a staging area manager has been designated;
E. Ensure that an incident log is being maintained either by the first responding officer or another designee;
F. Identify the appropriate level of Department response needed, such as:

1. Level I – The first level of deployment in accordance with the District Commander’s plans is made up of district personnel. This deployment is in anticipation of a small to medium-sized group with little or no violence or disruption to the event. Level I response will be under the direct command of the District Commander;

2. Level II – The second level of deployment will be to utilize the Department’s Emergency Deployment Team (EDT). The escalation to Level II will depend on the escalation of size of the crowd, their behavior and the violence and disruption being caused. The decision to escalate to Level II will be made by the District Commander, or in the case of an emergency prior to the arrival of the District Commander, the Incident Commander. If the EDT is to be used, the Incident Commander will ensure that they are properly equipped and are organized into equal squads under the command of a supervisor.

3. Level III – the third level of deployment will consist of the activation of the Public Order Platoons (POP). The POP’s will be made up of personnel from the Special Operations Division and the Youth Violence Strike Force and Drug Control Unit. The POP’s will be deployed in cases of extreme violence and disruption or when the potential exists for such a situation to develop. The POP’s will be equipped with “less lethal” weapons, chemical munitions and any other equipment deemed necessary to neutralize the situation. The decision to escalate to Level III will be made by the Incident Commander.

4. Level IV – The fourth level of deployment will consist of full deployment of Department resources, as well as other agencies, i.e., mutual aid. The escalation to Level IV should be considered prior to full scale rioting and in cases where the loss of control of the situation is imminent. The decision to escalate to Level IV will be the responsibility of the Incident Commander after consultation with the Emergency Operation Center (EOC).

G. Make such assignments as necessary under the Incident Command System to ensure the safe and timely resolution of the incident;
H. Be aware of the limits of the training and personal protective equipment possessed by the responding officers;
I. Give timely updates on conditions to the Communications Division for dissemination to the Emergency Operations Center and the Command Staff;
J. Evaluate the need for prisoner transport wagons to respond to the staging area and/or request additional prisoner transport wagons;
K. Request a representative from the Office of Media Relations respond to the scene to act as the Information Officer;
L. Request units from Boston Emergency Medical Service respond to the staging area;
M. Request Special Operations K-9 and/or Mounted units respond to the staging area in anticipation of performing security and crowd control duties, if deemed necessary;
N. Request the Video Unit respond to the staging area;
O. If not already on scene, request the Intelligence Unit respond to the staging area; and
P. If the situation has been upgraded to a Level II, Level III or Level IV response, designate an Operations Section Chief to be in charge of the tactical response.

Addendum C – Code 101
Fire and Structural Collapse
Incidents

1. Fires
2. Structural Collapse

I. FIRES
Incident Command at the scene of a working fire within the City resides with the Boston Fire Department. The general duties of police officers at Fire incidents is to perform the following tasks within the limits of their training and personal protective equipment:

Provide personnel to secure the area and the Incident Command Post during an incident; Establish access control and traffic control points as directed by the Incident Commander; and Evacuate or notify affected populations and assist in making other warnings as directed by the Incident Commander.

Sec. 1 Duties of First Responding Officer
In addition to the general duties of first responding officers described previously, officers shall:

1. Notify the Communications Division of the conditions found on scene and confirm the existence of a Code 101 event, including;

1. The type of fire and its extent;
2. The intensity of the smoke;
3. Wind direction and approximate speed; and
4. Whether or not there are victims inside the fire zone;
2. Determine a safe route of entry (uphill, upwind) for other responders and advise if personal protective equipment is needed for a safe response;
3. Begin an Incident Log;
4. Unless the Fire Department is already on scene, assume Incident Command and prepare to secure the area immediately adjacent to the fire;
5. Maintain radio communications with the Communications Division and keep them advised as to the progress of the situation;
6. Detain any witnesses to establish if a crime has been committed and identify any suspects and/or weapons utilized; and
7. Prepare to brief the Patrol Supervisor and/or responding Fire Department personnel.

Sec. 2 Communications Division

1. Notify the Boston Fire Department;
2. Notify Emergency Medical Services;
3. Notify the Patrol Supervisor responsible for that Sector;
4. Dispatch sufficient units to control and isolate access to the scene; and
5. Make such other notifications as may be required.

Sec. 3 Duties of Patrol Supervisor
In addition to the general responsibilities described previously, responding Patrol Supervisors shall:

1. In the absence of Fire Department personnel, announce their arrival and their assumption of the duties of the Incident Commander by radio;
2. If Fire Department personnel are on scene, establish liaison with their Incident Commander and render any assistance required within the limits of training and personal protective equipment;
3. Ensure that the first responding officer or another designee is maintaining an Incident Log;
4. Identify a staging area for responding law enforcement assets and designate a staging area manager;
5. Secure the perimeter and the Incident Command Post;
6. Establish access control and traffic control points as directed by the Incident Commander (Ranking on-scene Fire Department Officer);
7. Begin planning evacuation routes for implementation (only upon receipt of a lawful order to do so); and
8. Prepare to brief the District Commander.

Sec. 4 District Commander
In addition to the general responsibilities described previously, District Commanders shall:

1. Announce their arrival and their assumption of command of all law enforcement assets on-scene by radio;
2. Respond to the Incident Command Post and receive a briefing from the Patrol Supervisor;
3. Designate a Superior Officer to work with the Fire Department Operations Chief;
4. Make such assignments as necessary under the Incident Command System to ensure the safe and timely resolution of the incident;
5. Be prepared to render any assistance required within the limits of the training and personal protective equipment possessed by responding officers; and
6. Give timely updates on conditions to the Communications Division for dissemination to the Command Staff.

II. STRUCTURAL COLLAPSE
Incident Command at the scene of a Structural Collapse within the City resides with the Boston Fire Department. The duties of Police at Structural Collapse incidents is to perform the following tasks within the limits of their Training and Personal Protective Equipment:

1. Provide personnel to secure the area and the Incident Command Post during an incident;
2. Establish access control and traffic control points as directed by the Incident Commander; and

3. Evacuate or notify affected populations and assist in making other warnings as directed by the Incident Commander.

Sec. 1 First Responding Officer
In addition to the general duties of first responding officers described previously, officers shall:

1. Notify the Communications Division of the conditions found on scene and confirm the existence of a Code 101 event, including;
1. The type of structure and extent of collapse;
2. The presence of any significant hazard; and
3. Whether or not there are victims inside the structure;
2. Determine a safe route of entry for other responders and advise of areas or streets that are deemed unsafe for units to enter or use;
3. Begin an Incident Log;
4. Unless the Fire Department is already on scene, assume Incident Command and prepare to secure the area immediately adjacent to the structure;
5. Maintain radio communications with the Communications Division and keep them informed as to the progression of the incident;
6. Render first aid to injured persons if able to do so; and
7. Prepare to brief the Patrol Supervisor and/or responding Fire Department and Emergency Medical Service personnel.

Sec. 2 Communications Division

1. Notify the Boston Fire Department;
2. Notify the Emergency Medical Service;
3. Notify the Patrol Supervisor responsible for that Sector; and
4. Dispatch sufficient units to isolate and control access to the scene and make such other notifications as may be required.

Sec. 3 Duties of Patrol Supervisor
In addition to the general responsibilities described previously, responding Patrol Supervisors shall:

Sec. 4 District Commander
In addition to the general responsibilities described previously, District Commanders shall:

1. Announce their arrival and their assumption of command of all law enforcement assets on-scene by radio;
2. Respond to the Incident Command Post and receive a briefing from the Patrol Supervisor;
3. Designate a Superior Officer to work with the Fire Department Operations Chief and Emergency Medical Services;
4. Make such assignments as necessary under the Incident Command System to ensure the safe and timely resolution of the incident;
5. Be prepared to render any assistance required within the limits of the training and personal protective equipment possessed by responding officers; and
6. Give timely updates on conditions to the Communications Division for dissemination to the Command Staff.

Addendum D – Code 102
Mass Casualty Incident
General Considerations
Incident Command at the scene of a Mass Casualty Incident within the City resides with the Boston Fire Department. The duties of Police at Mass Casualty incidents is to perform the following tasks within the limits of their training and personal protective equipment:

1. Provide personnel to secure the area and the Incident Command Post during an incident;
2. Establish access control and traffic control points as directed by the Incident Commander; and
3. Assist in making warnings and notifications as directed by the Incident Commander.

Sec. 1 First Responding Officer
In addition to the general duties of first responding officers described previously, officers shall:

1. Notify the Communications Division of the conditions found on scene and confirm the existence of a Code 102 event, including;
1. The type of incident and approximate number of casualties;
2. The presence of any significant hazard;
3. The presence of an obvious vapor plume; and
4. Whether or not there are victims and an estimate of their number;
2. Determine a safe route of entry for other responders and advise if personal protective equipment is needed for a safe response;
3. Begin an Incident Log;
4. Unless the Fire Department is already on scene, assume Incident Command and prepare to secure the immediate area; and
5. Prepare to brief the Patrol Supervisor and/or responding Fire Department and Emergency Medical Service personnel.

Sec. 2 Communications Division

1. Notify the Boston Fire Department;
2. Notify the Emergency Medical Service;
3. Notify the Patrol Supervisor responsible for that Sector; and
4. Make such other notifications as may be required.

Sec. 3 Duties of Patrol Supervisor
In addition to the general responsibilities described previously, responding Patrol Supervisors shall:

1. In the absence of Fire Department personnel, announce their arrival and their assumption of the duties of the Incident Commander by radio;
2. If Fire Department personnel are on scene, establish liaison with their Incident Commander and render any assistance required within the limits of training and personal protective equipment;
3. Have the ranking officer of the Hazardous Materials Unit respond and be guided by the advice of the Hazardous Materials Officer as to personnel safety considerations and methods of deployment of Law Enforcement Assets;
4. Ensure that the first responding officer or another designee is maintaining an Incident Log;
5. Identify a staging area for responding law enforcement assets and designate a staging area manager;
6. Secure the perimeter and the Incident Command Post;
7. Establish access control and traffic control points as directed by the Incident Commander (Ranking on-scene Fire Department Officer);
8. Begin planning evacuation routes for implementation (only upon receipt of a lawful order to do so); and
9. Prepare to brief the District Commander.

Sec. 4 District Commander
In addition to the general responsibilities described previously, District Commanders shall:

1. Announce their arrival and their assumption of command of all law enforcement assets on-scene;
2. Respond to the Incident Command Post and receive a briefing from the Patrol Supervisor;
3. Designate a Superior Officer to work with the Fire Department Operations Chief;
4. Designate a Superior Officer to work with the Emergency Medical Service Operations Chief;
5. Make such assignments as necessary under the Incident Command System to ensure the safe and timely resolution of the incident;
6. Be prepared to render any assistance required within the limits of the training and personal protective equipment possessed by responding officers; and
7. Give timely updates on conditions to the Communications Division for dissemination to the Command Staff.

Addendum E – Code 103
Natural Disasters
(e.g., hurricane, major storm, etc.)
General Considerations
Incident Command at the scene of a Natural Disaster Incident (e.g., hurricane, major storm, etc.) within the City resides with the Boston Emergency Management Agency (BEMA) who will activate the Boston Emergency Operations Center (EOC) whenever necessary.
With the possible exception of tornadoes or earthquakes, a Code 103 – Natural Disaster event usually has sufficient lead time for adequate preparation. The Department would maintain liaison with the agency having primary jurisdiction of the event and provide such law enforcement resources as are requested.
Generally, the duties of the Police Department at natural disaster incidents is to perform the following tasks within the limits of their training and personal protective equipment:

1. Maintenance of law and order;
2. Coordination of all law enforcement activities in Boston;
3. Providing crowd control and traffic control;
4. Providing access control to restricted areas;
5. Protecting key facilities;
6. Warning support (loudspeakers, radios, etc.)
7. Maintaining liaison and coordination with other law enforcement agencies;
8. Providing damage assessment support;
9. Evacuating, relocating and housing of prisoners;
10. Supporting aerial search and rescue operations;
11. Supporting medical rescue operations;
12. Providing policy, coordination and operations group staff support; support to the EOC for 24-hour operation during an emergency; and
13. Providing security for reception centers, lodging and feeding facilities and emergency shelters.

The Police Commissioner, Superintendent-in-Chief or their designee shall establish liaison with the EOC and provide such support and resources as are required.

Addendum F – Code 104
Hazardous Materials (HazMat) and Weapons of Mass Destruction (WMD) Incidents

1. Hazardous Materials (HazMat)
2. Weapons of Mass Destruction (WMD)

I. HAZARDOUS MATERIALS
General Considerations
Incident Command at the scene of a Hazardous Materials (HazMat) incident within the City resides with the Boston Fire Department. The duties of Police at HazMat incidents is to perform the following tasks within the limits of their Training and Personal Protective Equipment

1. Provide personnel to secure the area and the Incident Command Post during an incident;
2. Establish access control and traffic control points as directed by the Incident Commander; and
3. Evacuate or notify affected populations and assist in making other warnings as directed by the Incident Commander.

Sec. 1 First Responding Officer
In addition to the general duties of first responding officers described previously, officers shall:

1. Notify the Communications Division of the conditions found on scene and confirm the existence of a Code 104 event, including;

1. The type of materials involved, if possible, and whatever indications of a release are visible from a safe distance;
2. Wind direction and approximate speed;
3. The presence of an obvious vapor plume; and
4. Whether or not there are victims;

2. Determine a safe route of entry for other responders and advise if personal protective equipment is needed for a safe response;
3. Begin an Incident Log;
4. Unless the Fire Department is already on scene, assume Incident Command and prepare to secure the immediate and downwind hazard areas;
5. Maintain radio communications with the Communications Division and keep them informed of the progression of the situation;
6. Render first aid to any victims if it can be done without becoming contaminated; and
7. Prepare to brief the Patrol Supervisor and/or responding Fire Department and Emergency Medical Service personnel.

Sec. 2 Communications Division

1. Notify the Boston Fire Department;
2. Notify the Boston Police Hazardous Materials Unit;
3. Notify the Emergency Medical Service;
4. Notify the Patrol Supervisor responsible for that Sector;
5. Dispatch sufficient units to control and isolate access to the scene; and
6. Make such other notifications as may be required.

Sec. 3 Duties of Patrol Supervisor
In addition to the general responsibilities described previously, responding Patrol Supervisors shall:

1. In the absence of Fire Department personnel, announce their arrival and their assumption of the duties of the Incident Commander by radio;
2. If Fire Department personnel are on scene, establish liaison with their Incident Commander and render any assistance required within the limits of training and personal protective equipment;
3. Have the ranking officer of the Hazardous Materials Unit respond and be guided by the advice of the Hazardous Materials Officer as to personnel safety considerations and methods of deployment of Law Enforcement Assets;
4. Ensure that the first responding officer or another designee is maintaining an Incident Log;
5. Identify a staging area for responding law enforcement assets and designate a staging area manager;
6. Secure the perimeter and the Incident Command Post;
7. Establish access control and traffic control points as directed by the Incident Commander (Ranking on-scene Fire Department Officer);
8. Begin planning evacuation routes for implementation (only upon receipt of a lawful order to do so); and
9. Prepare to brief the District Commander.

Sec. 4 District Commander
In addition to the general responsibilities described previously, District Commanders shall:

1. Announce their arrival and their assumption of command of all law enforcement assets on-scene by radio;
2. Respond to the Incident Command Post and receive a briefing from the Patrol Supervisor;
3. Be guided by the recommendations made by the Hazardous Materials Officer;
4. Designate a Superior Officer to work with the Fire Department Operations Chief;
5. Make such assignments as necessary under the Incident Command System to ensure the safe and timely resolution of the incident;
6. Be prepared to render any assistance required within the limits of the training and personal protective equipment possessed by responding officers; and
7. Give timely updates on conditions to the Communications Division for dissemination to the Command Staff.

Sec. 5 Hazardous Materials Unit

1. An officer from the Hazardous Materials (HazMat) Unit shall respond to the scene of all HazMat incidents and report to the highest ranking Department officer on scene.
2. The HazMat officer shall confer with Fire Department personnel, make his own assessment as to the safety of law enforcement responders and make recommendations for the safe staging and assignment of these assets to the Ranking Boston Police officer on scene.
3. The HazMat officer shall be responsible for making continuous site assessments and conducting timely briefings of the Ranking Officer on-scene, as well as the Duty Supervisor of the Communications Division.
4. If an unsafe condition exists which unduly threatens the lives and safety of law enforcement assets, the HazMat officer shall bring it to the attention of the Ranking Officer on-scene, who shall be guided by his recommendations to re-deploy or suspend operations.
5. HazMat officers shall act according to the limits of their training and personal protective equipment.

II. WEAPONS OF MASS DESTRUCTION (WMD)
General Considerations
Weapons of Mass Destruction (WMD) events would likely be terrorist events that usually target locations of special significance at times when a large poplulation would be present in order to obtain the greatest amount of casualties. Using Chemical, Biological or Radiological agents, WMD events may seriously affect both the short term and long term health, infrastructure and economic welfare of the City.

The primary jurisdiction and lead-investigating agency will be the FBI, whose field office will set up a Joint Operations Center (JOC). BEMA will set up their EOC in order to support the JOC. The duties of the Boston Police are to perform the following tasks within the limits of their training and personal protective equipment:

1. Provide Security personnel to limit access to the “exclusion zone” and incident command post during the incident;
2. Establish access control and traffic control points as directed by the Incident Commander (IC);
3. Evacuate or notify affected populations to shelter in place, and assist in making other warnings as directed by the IC;
4. Assist the FBI with intelligence gathering and crime scene services;
5. Provide EOD services in search of secondary devices; and
6. Provide tactical response team services.

Sec. 1 First Responding Officer
In addition to the general responsibilities described previously, first responding officers shall:

1. Notify the Operations of conditions found including and confirm the existence of a Code 104 event, including:

1. Identifying the type of materials involved if possible and whatever indications of a release are visible from a safe distance;
2. Determining wind direction and approximate speed;
3. The presence of an obvious vapor plume;
4. Signs and symptoms of any victims;
2. Identify safe routes of entry (Uphill, Upwind) for other responders and advise the Communications Division of areas and streets that are unsafe for units to enter;
3. Advise if Personal Protective Equipment is needed for a safe response;
4. Begin incident log;
5. Unless the Fire Department is already on scene, assume Incident Command and prepare to secure the immediate and downwind hazard area;
6. Request and prepare to brief the Patrol Supervisor and responding Fire Department personnel;
7. Maintain radio communications with operations informing of progression of situation;
8. Assist with victims if it can be done without becoming contaminated; and
9. If it can be done without becoming contaminated, detain witnesses so as to establish if a crime was committed, the number and description of any suspects, and a description of any dissemination devices used.

Sec. 2 Communications Division

1. Notify Boston Fire Department;
2. Notify Boston Emergency Medical Services;
3. Notify the Boston Police Hazardous Materials Unit;
4. Notify the Patrol Supervisor responsible for that Sector;
5. Dispatch sufficient units to isolate and control access to the scene; and
6. Secure a clear channel for incident operations.

Sec. 3 Patrol Supervisor

1. Unless Fire Department personnel are already on scene, announce arrival and assumption of Incident Command by radio;
2. If Fire Department Personnel are on scene, establish liaison with the Incident Commander and render any assistance required within the limits of training and personal protective equipment;
3. Have the ranking officer of the Hazardous Materials Unit respond to his location and be guided by the advice of the Hazardous Materials Officer as to personnel safety considerations and methods of deployment of Law Enforcement Assets; 4. Assign an officer to maintain an incident log if the First Responding Officer is to be assigned other duties;
5. Identify the most appropriate pre-designated Staging Area for responding Law Enforcement Assets and assign a Staging Area Manager;
6. Secure the “Hot Zone” and Incident Command Post;
7. Establish Access Control and Traffic Control Points as directed by the Incident Commander (Ranking on-scene Fire Department Officer if JOC not in place);
8. Begin planning evacuation routes and be ready for implementation upon receiving a lawful order to do so; and
9. Request and prepare to brief the District Commander.

Sec. 4 District Commander

1. Announce arrival and assumption of command of all Law Enforcement Assets on-scene by radio;
2. Respond to Incident Command Post, receive a briefing from the Patrol Supervisor;
3. Be guided by recommendations made by the Hazardous Materials Officer;
4. Identify and appoint a Superior Officer to work with the ICS Operations Section Chief;
5. Make such assignments as are necessary under the Incident Command System to ensure the safe and timely disposition of the incident;
6. Be prepared to render any assistance required within the limits of the training and personal protective equipment possessed by responding officers; and
7. Give timely updates on conditions to the Communications Division for dissemination to the Command Staff.

Sec. 5 Hazardous Materials Unit

Addendum G – Code 105
Active Shooter Incident Rapid
Deployment Protocol

Sec. 1 Purpose: The primary mission in an active shooter incident is to save as many lives as possible. The only way to accomplish this is to locate the threat and neutralize it as quickly as possible.

Sec. 2 General Considerations: Active shooter incidents present complex problems for the Boston Police Department as well as for law enforcement in general. Active shooter cases may involve a suspect or suspects with multiple weapons, high caliber weapons and, in some cases, automatic weapons. Active shooter scenarios can happen at any time and at any place. The common factor in all the cases is that there is “ongoing shots fired” and the suspect(s) is actively engaged in creating death or great bodily injury. Immediate Action Rapid Deployment tactics are not a substitute for conventional response tactics to a barricaded gunman.

Sec. 3 Definitions:
A. Active Shooter – Suspect(s) activity is immediately causing death and serious bodily injury.
The activity is not contained and there is immediate risk of death or serious injury to potential victims.

B. Rapid Deployment Protocol – The swift and immediate deployment of law enforcement resources to on-going, life-threatening situations where delayed deployment could otherwise result in death or great bodily injury to innocent persons.

Sec. 4 Duties of the First Responding Officer:

A. Assess the situation.
B. Until relieved by a supervisor, assume the duties of the Incident Commander (IC) and establish an Incident Command.
C. Request appropriate resources:

1. Supervisor
2. Additional Patrol Units
3. Boston Police SWAT Team
4. Hostage Negotiation Team
5. Emergency Medical Services
6. Bomb Squad
7. Fire Department
8. Outside agency support if needed

D. Determine if Rapid Deployment Protocol (Move to Contact) action is necessary.
E. Broadcast Situation to Responding Units:

1. Location of incident and address with cross street, if possible.
2. Type of location involved, School, Business Private Home Playground etc.
3. Safest approach for responding units.
4. Location & number of suspect(s) (if known).
5. Type(s) of weapon(s) involved (if known).

F. Establish a Command Post location.
G. Designate a staging area for responding units.
H. Designate the members of the Contact and/or Rescue Team(s) ensuring that each team consists of a minimum of four (4) officers.

Sec. 5 Contact Team:
A. Contact Teams consist of a minimum of four (4) Officers:

1. Team Leader:

a. Formulates & implements a plan.
b. Makes deployment decisions and delegates team member responsibilities.

2. Assistant Team Leader:

a. Communicates with responding units.
b. Acts as additional Contact or Rescue Officer.

3. Point Officer:
Provides cover for area of responsibility and engages suspect(s), if necessary.

4. Rear Guard Officer:
Provides cover for area of responsibility and engages suspect(s), if necessary.

B. The Contact Team(s) shall:

1. Move to make contact with the threat and neutralize it.
2. Limit suspect(s) movement by containment.
3. Prevent escape.
4. Continue to move past any victims.
5. Communicate progress (location and situation).
6. Provide preliminary assessment:

a. Victim(s) – location & medical needs (prioritize if possible –dead vs. living and condition).
b. Explosive(s) – type(s) and location, if known.
c. Suspect(s) – description and location, if known.
d. Weapon(s) – type(s) and number, if known.

Sec. 6 Rescue Team:

A. Only the Incident Commander may determine when and/or whether to deploy a Rescue Team(s). The first responding officer shall wait for a supervisor to assume command and make this decision.

B. When deployed, a Rescue Team shall consist of a minimum of four (4) officers:

1. Team Leader:

a. Formulates & implements a plan.
b. Makes deployment decisions and delegates team member responsibilities.

2. Assistant Team Leader:

a. Communicates with responding units.
b. Acts as additional Contact or Rescue Officer.

3. Point Officer:

Provides cover for area of responsibility and engages suspect(s), if necessary.

4. Rear Guard Officer:

Provides cover for area of responsibility and engages suspect(s), if necessary.

C. The Rescue Team shall:

1. Rescue and recover the victim(s).
2. Extract victim(s) to a designated safe area.
3. Notify Command Post of the number of victims, the types of injuries, if any, and the seriousness of injuries, if any.
4. Report suspect(s)location to Contact Teams.
5. Emphasize custody and control of victims or potential victims.
6. Initiate identification and accountability of victims.
7. Coordinate all actions with Contact Team Leader and the Command Post.

D. When multiple victims are present the Rescue Team shall request that the IC expand the Rescue Team size or number of teams operating in the building.

Sec. 7 Tactical Considerations:
A. Contact/Rescue Team Concerns:

1. Element of surprise
2. Maintaining offensive initiative
3. Security
4. Flexibility of planning/thought
5. Maneuverability
6. Economy of force
7. Deployment of multiple teams:

a. Crossfire/Backdrop.
b. Target identification.
c. Maintenance of radio communication.
d. Movement in unfamiliar surroundings.
e. Task saturation.
f. Lack of direct supervisory control.

B. Approach of Contact/Rescue Teams – Use cover and concealment
whenever you can:

1. Cover – vehicles/other solid objects, etc.
2. Concealment – lighting, fog, smoke, etc.

C. Approach Considerations:

1. Number of suspect(s).
2. Last known location of suspect(s).
3. Type of suspect(s) weapons.
4. Size & layout of structure.
5. Windows & glass doors – approach from the “Cold” angle or side if possible.
6. Floor plans of building.
7. Try to locate the property manager or custodian to obtain plans or information about the building.

D. Entry Considerations:

1. Confusion – victims hiding and frightened and not responding to law enforcement officer directions.

2. Remember that in the Boston School system they are taught to use the B.R.A.C.E. system. The acronym stands for:

B – Barricade
R – Report
A – Assess
C – Control & Communicate

E – Evacuation
Refer to Boston Public School Safety Contingency Plans for further information about the actions of school administrators and students.

3. Transmit entry point to dispatcher and supervisor if on scene.
4. Update dispatcher and supervisor of location regularly
5. Transmit location of injured victims by using Room numbers or other landmarks within building.
6. Base further movement on the location & direction of other contact Teams if being used.
7. Divide location by levels, wings, floor or groups of smaller buildings.
8. Contact/Rescue Teams shall use the 360-degree coverage formation when moving. The strength of this formation is the firepower moving toward the threat.

Sec. 8 Boston Police SWAT Team:

A. Boston Police SWAT Team personnel are generally better equipped and trained to resolve a crisis scenario. However, continued assistance by the first responding officers is critical. As soon as is practical after Entry and Apprehension Team personnel arrive on scene, the IC shall ensure that first responding officers:

1. Coordinate and relinquish contact responsibility from the first Contact Teams to Entry and Apprehension Team personnel.
2. Assist with containment responsibilities, if necessary and if it can be done in a safe manner.
3. Assist with Rescue Teams, if necessary.
4. Act as a “pathfinder” for the Entry Team:

a. Direct to last known location of suspect(s).
b. Report location of explosive, if known.
c. Report location of victims if known.
d. Provide any pertinent information such as suspect(s) description, weaponry etc.
e. If relieved, safely leave the building and report to the Incident Commander at the Command Post for debriefing.

B. Inner perimeter and Outer perimeter shall be maintained in the manner prescribed in Rule 200, Critical Incident Management.

ADDENDUM H

EMERGENCY DEPLOYMENT TEAM
Purpose:
To ensure a uniform response to Emergency Deployment Team call-outs for critical incidents within the City of Boston.
General Considerations:

The Emergency Deployment Team (EDT) is used to assemble a large group of police officers when an immediate response is required. The EDT may be used for, but not limited to, demonstrations, missing children, major fires or explosions, terrorist assaults, security for large crime scenes, etc.. Since the call-out of the EDT usually occurs during times of critical incidents, a swift but safe response is imperative. While an immediate response is expected, officers are reminded that regardless of the emergency, they must adhere to M.G.L. c. 89 § 7B (Operation of Emergency Vehicles).

EDT call-outs will be governed by Rule 200 – Critical Incident Management by using the Incident Command System (ICS).

Section 1
The Duty Supervisor of each shift will, before roll call, choose three officers from that District to be part of the EDT. One Patrol Supervisor from each Area will also be selected for the EDT.
District Commanders in each Area will design a schedule so that one supervisor from that Area is assigned to the EDT each tour. The Supervisor and Police Officers assigned to the EDT will be so noted on that shift’s batting order. Batting orders will be faxed to the Dispatch Center immediately after roll call. The Dispatch Center Duty Supervisor will review the batting orders from each District to make sure each District and Area has fulfilled its requirements as it relates to the EDT. Dispatchers shall contact each EDT officer assigned to their channel to confirm their EDT status for that shift.

Section 2
During times when the District Commander or the Night Commander is not available and the Incident Commander has requested an EDT call-out, the Dispatch Center Duty Supervisor shall determine if an officer above the rank of sergeant is needed as the platoon commander. If so warranted, the Dispatch Center Duty Supervisor shall ensure the dispatch of a lieutenant from a district other than the district of incident occurrence. The responding lieutenant shall arrive and assume control as the EDT platoon commander. Normally, a lieutenant would not be needed when the EDTs are activated for traffic control or lost children incidents. However, a lieutenant shall be required to respond to all call-outs for critical incidents and actual or anticipated large crowd disturbances.

Section 3
An Incident Commander is authorized to request an EDT call-out. The Incident Commander should do so by notifying the Dispatcher to activate the EDT. The Incident Commander requesting the EDT should immediately choose a safe staging area and identify safe routes for officer response. The staging area should be outside the inner perimeter and particular attention should be paid to wind direction and topography, when relevant to the situation.

Section 4
Officers and Supervisors responding to a call-out for an EDT shall respond to the staging area with their Emergency Deployment Team equipment. Whenever a Police Officer assigned to the EDT is unable to immediately respond to an EDT call-out, the officer will immediately notify the Dispatcher. The Dispatcher will immediately notify the Dispatch Center Duty Supervisor, who will assign another unit to respond. For this reason, ALL District Patrol Supervisors and response units assigned to motor vehicles will carry their Emergency Deployment Team equipment in their assigned police vehicle. All other sworn personnel shall have this equipment available to them in the District.

Section 5
Emergency Deployment Team Equipment shall consist of: a ballistic vest, gas mask, 36″ baton, riot helmet with face shield, protective work gloves, dust mask, nitrile gloves, gear bag and any other equipment issued or authorized by the Police Commissioner.
Emergency Deployment Team Equipment shall be inspected every Sunday by the District Duty Supervisor at each roll call. This inspection shall be recorded in the administrative detail book.

Addendum I
CORPORATE EMERGENCY ACCESS SYSTEM (CEAS)

Sec. 1 Purpose: CEAS is designed to reduce the potential impact of economic injury to a municipality following a serious or catastrophic event by providing quick access to affected work-sites by critical organization employees after an area has been designated as safe. Rapid facilitation of business recovery activities in an impacted area will allow organizations to assess damage, maintain core IT systems, meet regulatory obligations, and secure or remove critical records and data. Department personnel will assist the Mayor’s Office of Emergency Preparedness (MOEP) to ensure that the objectives of this program are met.

Sec. 2 Process: Department personnel shall use the following guidelines for determining authorized access to restricted areas during a critical incident.

A. Access is accomplished by providing a credential, recognized by law enforcement, to essential employees and critical service providers selected by the employer. (Please see attached example)
B. Credentials are issued pre-event to participating individuals in order to streamline access, eliminate confusion, and give authorities increased control after a disaster event.
C. Credentials only become valid when public safety officials activate the program, usually following an incident or where control of a specific area is required.
D. Law enforcement officials control access into restricted areas once immediate safety concerns have been mitigated, and may expand or restrict access at anytime.
E. There are five levels of access within the system that can be activated at the discretion of officials and are associated with CEAS:

a. Level X – Prohibited Access.
b. Level D – Direct Involvement only– Cardholders directly involved in mitigating the emergency.
c. Level C – Critical Industries Only Access – Critical industries identified by MOHS for priority access based on National Infrastructure Protection Center (NICP) guidelines as well as unique local needs. Cardholders represent the industries deemed “critical” to the economic welfare of the city.
d. Level B – All Industries for basic functions. Cardholders represent employees of all other participating businesses.
e. Level A – All permitted with possible vehicular limitations. There are no cards issued with Level A access. Level A is a condition that may be initiated in the event vehicular restrictions must be enacted. Only CEAS cardholders will be able to drive motor vehicles into the City during a Level A activation.

F. Utility workers and health care professionals with proper employee identification are treated as “emergency responders” and do not require a CEAS credential.
G. Working press will have press credentials, giving them access to designated areas. The media industry is considered a “Critical Industry,” (Level C).

Sec. 3 Program Administration:

A. Businesses may apply for credentials based on the number of employees at each of their worksites.
B. Credentials are issued using a photo ID. (Please see attached example)
C. The system is self-governed by its participants, who are responsible for identifying their own essential employees, managing turnover, and any title and responsibility changes.
D. All administrative aspects of the program are handled by the Business Network of Emergency Resources (BNet), a NYS not-for-profit corporation:
Business Network of Emergency Resources, Inc.

President: Dr. Robert H. Leviton
11 Hanover Square
New York, NY 10005
Phone: 888-353-BNET
Email: support@bnetinc.org
http://www.CEAS.com
Corporate Emergency Access System (CEAS)

Card Composition

Rear of Card

Note:

–Sec. 4.0 Critical Incident Definitions
–Addendum G – Code 105, Active Shooter (Active Assailant) Incident Rapid Deployment Protocol

Date: 10/12/18

Rule 200, Critical Incident, is hereby amended in Section 4.0 Critical Incident Definitions and Addendum G, – Code 105, Active Shooter (Active Assailant) Incident Rapid Deployment Protocol, attached.

Amended by SO 07-018, issued April 5, 2007, adding Addendum I.
Amended by SO 07-038, issued June 29, 2007, addendum G (edit to Section 7,
subsection D #8).
Amended by SO 07-056, issued October 3, 2007, “Entry and Apprehension Team” or
“Entry Team” in Boston Police Rules and Procedures and Special Orders changed to
“Boston Police SWAT Team” in the following sections:

Sec. 4.13
Addendum “A” Code 99
Sec. 1
Sec. 8 – line 5 & 12
Sec. 9 – line 3 & 8
Sec. 11– line 4
Sec. 13– line 6
Sec. 14– Title / line 5, 13, 14 &15
Sec. 15 – Mobility/relocation

Addendum “B” Crowd Control
Sec. 2 C- line 2 sub-paragraph “a”.
Addendum “G” Code 105 Active Shooter
Sec. 4 – line C Sub-line 3
Sec. 8 – Title / Line “A” sub-line 4

Rule 201 - Boston Police Department Homeland Security Advisory System

June 7, 2006

PURPOSE: The Boston Police Department takes an All Hazards approach to critical incidents and significant events involving public safety. This All Hazards approach provides general guidelines for deploying resources, implementing security measures and establishing appropriate enforcement postures during critical incidents or major events.

GENERAL CONSIDERATIONS: This advisory system is phased in Threat Conditions of increasing operational readiness and security. Threat Conditions may be initiated for terrorist threats and/or attacks, violent protests, riots, natural disasters, major accidents and other emergencies requiring a heightened department-wide state of readiness.

The Police Commissioner, or designee, is responsible for determining when a Threat Condition should be changed. Once the determination has been made to change a specific Threat Condition, the Dispatch Center Duty Supervisor will initiate implementation and make the initial notifications. When an incident results in a Threat Condition being changed, the Boston Regional Intelligence Center (BRIC) Supervisor shall ensure that a 1.1 incident report is
completed.

All personnel are responsible for the successful implementation of a Threat Condition. Ongoing training should be conducted at all levels to ensure that personnel remain aware of their responsibilities within each Threat Condition.

Sec. 1 DEFINITIONS: For the purpose of this rule, the following words or phrases are defined.
12 on/12 off schedule – A work schedule for personnel are as follows: 7:30AM to 7:30PM or 7:30PM to 7:30AM. Sworn officers and essential civilian personnel will be notified which shifts they are assigned each time the schedule is revised. The schedule will be revised January 1 and July 1 of each year and whenever there is a major transfer of personnel in the department.
All Hazards Approach – A strategic and tactical approach in preparing, responding, and mitigating all hazards (mechanical, man-made, and natural) that the Department may be required to address.

Non public-safety activities/training – Any activity that is not directly related to 911-response or the pending threat in general. This would include training days, events such CSO youth activities, etc.

Emergency Deployment Team (“EDT”) – A group of officers called out in an emergency and governed by Rule 200 Addendum H.

Emergency Deployment Team Equipment – Per Rule 200 Addendum H, Emergency Deployment Team Equipment shall consist of: a ballistic vest, gas mask, 36″ baton, riot helmet with face shield, protective work gloves, dust mask, nitrile gloves, gear bag and any other equipment issued or authorized by the Police Commissioner. This shall also include any other personal protective equipment that is issued by the department after required training.

Rule 201 – Boston Police Department
Homeland Security Advisory System

Critical Incident Exodus Plan – A plan to facilitate movement of commuter and resident traffic quickly in the event of an emergency.

Neighborhood Evacuations – The evacuation of citizens from a section of the city.

Police Facility Evacuations – The evacuation of a specific Boston Police Building.

Dispatch Center – In the National Incident Management System (NIMS) and the Incident Command System (ICS), the term Operations has a specific definition that is not compatible with the BPD definition of the Operations Division. Because much of our All Hazards Approach Model is based on NIMS/ICS we must change the name of our Operations Division to Dispatch Center for the purpose of Rule 200 and 201.

Threat Conditions Guide

Threat Condition	Protocols Activated
LOW	This condition is declared when there is a low risk of disaster or terrorist attack. Personnel shall implement the following general measures:
GREEN	Refine and exercise as appropriate, preplanned protective measures; Ensure personnel receive proper training on the Boston Police Homeland Security Advisory System and specific preplanned department protective measures; Institute a process to assure that all police facilities are regularly assessed for vulnerability to terrorist attacks, and all reasonable measures are taken to mitigate these vulnerabilities; All non-uniformed personnel to wear I.D. cards while in police facilities.

GUARDED This condition is declared when there is a general risk of disaster or terrorist attack. Personnel shall implement the following general measures:

BLUE

IN ADDITION TO ABOVE MEASURES

Ensure building integrity and security;
Escort all visitors in police facilities;
Verify and inspect all inbound deliveries and services;
Interoperability system tested;
Units exercise heightened caution when responding to related calls for service;
Monitor potential target areas;
Note and report suspicious circumstances, packages and activity.

ELEVATED This condition is declared when there is a significant risk of disaster or terrorist attack. Personnel shall implement the following general measures:

YELLOW

IN ADDITION TO ABOVE MEASURES

Review/update physical security measures and postings;
Identify all vehicles within operational and support areas;
Conduct inspections for suspicious items, persons and vehicles;
Delivery and service persons will be checked for authenticity;
Review neighborhood evacuation plans and the Critical Incident Exodus Plan.

HIGH This condition is declared when there is a high risk of disaster or terrorist attack. Personnel shall implement the following general measures:

ORANGE

IN ADDITION TO ABOVE MEASURES

Coordinate security efforts with Federal, State, and local law enforcement;
Take additional precautions at public events and possibly recommend alternative venues or even cancellations;
Prepare to execute contingency procedures, such as moving to an alternative site or redeployment of the workforce;
Implement as needed, physical security measures and postings;
Terminate all non-essential contract work and deliveries;
Conduct detailed searches of all operational areas and vehicles;
Limit or restrict parking around sensitive areas and buildings.

SEVERE This condition is declared when there is a severe risk of disaster or terrorist attack. Personnel should consider the following general measures:

RED

IN ADDITION TO ABOVE MEASURES

Access in police facilities is limited to authorized personnel. Verify identities and need for access;
Restrict/Deny parking in controlled areas;
Erect barriers and obstacles to control traffic around police facilities;
Increase and redirect personnel to address critical emergency needs;
Prepare to execute neighborhood evacuation plans and the Critical Incident Exodus Plan;
Mobilize and preposition specially trained teams

LOW GREEN This condition is declared when there is a general risk of disaster of terrorist attack.

Tasks	Operational Instructions	Responsible Party
Activation Protocol	Police Commissioner or designee will notify Dispatch Center D.S. for broadcast via a combination of technologies (i.e., MDT, pagers, land line, etc.) to all Districts and response units.	PC or designee
Notifications	The Dispatch Center Duty Supervisor follows pre-established procedure to initiate the required notifications.	Dispatch Center D.S.
Personnel Callback	Ensure callback lists are current.	District/Unit Commanders
Work Shifts/ Resources activated	Regular Shifts maintained.	District/Unit Commanders
Special Equipment Advisement	All 9-1-1 response units to have Emergency Deployment Team (EDT) Equipment in vehicle (per Rule 200 Addendum H).	District/Unit Supervisors
Intelligence	General Awareness of local conditions and the larger threat environment.	BRIC
Dispatch	Calls dispatched as normal.	Dispatch Center
BFS/Patrol Enforcement Posture	Normal; monitor high profile/potential target areas.	BFS/Patrol Force
BFS Districts	Units to exercise heightened caution when responding to related calls for service. Observe & report suspicious activity.	BFS/Districts
Special Operations	Normal.	Commander, SOD
EDT	Emergency Deployment Teams designated and notified for each shift and verified with Dispatch Center D.S.	District Supervisors
Detectives/Plain Clothes Officers	Normal; Uniforms readily accessible to officers..	PC or Designee
Station/Unit Security	Note and report suspicious circumstances, packages and activity. Ensure building integrity and security is maintained. Review facility evacuation plans.	HQ Security, District/Unit Commanders
Access Security	I.D. check enforced at all Stations and identified sites.	HQ Security, District/Unit Commanders
Vehicle Security	Normal.	All Personnel
Neighborhood Evacuation/ Critical Incident Exodus Plans	Familiarization by responsible personnel.	Dispatch Center and District Duty Supervisors
Planning	Review and exercise all operational plans.	BFS/Districts
Media/Press Release	Not required at this time.	PC or designee

GUARDED BLUE This condition is declared when there is a general risk of disaster of terrorist attack.

Tasks	Operational Instructions	Responsible Party
Activation Protocol	Police Commissioner or designee will notify the Dispatch Center D.S. for broadcast via a combination of technologies (i.e., MDT, pagers, land line, etc.) to all Districts and response units.	PC or designee
Notifications	The Dispatch Center Duty Supervisor follows pre-established procedure to initiate the required notifications.	Dispatch Center D.S.
Personnel Callback	Ensure callback lists are current.	District/Unit Commanders
Work Shifts/Resources activated	Regular Shifts maintained.	District/Unit Commanders
Special Equipment Advisement	All 9-1-1 response units to have Emergency Deployment Team (EDT) Equipment in vehicle (per Rule 200 Addendum H).	District/Unit Supervisors
Intelligence	Close monitoring of potential threats. Review of local vulnerabilities.	BRIC
Dispatch	Calls dispatched as normal, Interoperability equipment tested.	Dispatch Center
BFS/Patrol Enforcement Posture	Normal; monitor high profile/potential target areas.	BFS/Patrol Force
BFS Districts	Units to exercise heightened caution when responding to related calls for service. Observe & report suspicious activity.	BFS/Districts
Special Operations	Normal.	Commander, SOD
EDT	Emergency Deployment Teams designated and notified for each shift and verified with Dispatch Center D.S.	District Duty Supervisors
Detectives/Plain Clothes Officers	Normal; Uniforms readily accessible to officers.	PC or designee
Station/Unit Security	Note and report suspicious circumstances, packages and activity. Ensure building integrity and security is maintained. Review and exercise facility evacuation plans.	HQ Security, District/Unit Commanders
Access Security	I.D. check enforced at all Stations and identified sites. All Visitors escorted in police facilities.	HQ Security, District/Unit Commanders
Vehicle Security	Normal.	All Personnel
Neighborhood Evacuation/ Critical Incident Exodus Plans	Familiarization by responsible personnel.	Dispatch Center and District Duty Supervisors
Planning	Review and exercise all operational plans.	BFS/Districts
Media/Press Release	Not required at this time.	PC or designee

ELEVATED YELLOW This condition is declared when there is a significant risk of disaster or terrorist attack.

Tasks	Operational Instructions	Responsible Party
Activation Protocol	Police Commissioner or designee will notify the Dispatch Center D.S. for broadcast via a combination of technologies (i.e., MDT, pagers, land line, etc.) to all Districts and response units.	PC or designee
Notifications	The Dispatch Center Duty Supervisor follows pre-established procedure to initiate the required notifications.	Dispatch Center D.S.
Personnel Callback	Test of callback procedure initiated with specified personnel.	Dispatch Center D.S. & District/Unit Commanders
Work Shifts/Resources activated	Regular Shifts maintained.	PC or designee
Special Equipment Advisement	All 9-1-1 response units to have Emergency Deployment Team (EDT) Equipment in vehicle (per Rule 200 Addendum H).	District/Unit Supervisors
Intelligence	Identify threats and produce updated assessments of specific local vulnerabilities.	BRIC
Dispatch	Calls dispatched as normal. Interoperability channel activated and tested.	Dispatch Center
BFS/Patrol Enforcement Posture	Increased awareness of high profile/potential targets areas.	Supervisors
BFS/District	Units to exercise heightened caution when responding to related calls for service. Observe & report suspicious activity.	BFS/Districts
Special Operations	Normal.	Commander, SOD
EDT	Emergency Deployment Teams designated and notified for each shift and verified with Dispatch Center D.S.	District Duty Supervisors
Detectives, Plain Clothes Officers	Normal. Uniform accessible for immediate deployment.	PC or designee
Station/Unit Security	Note and report suspicious circumstances, packages and activity. Ensure building integrity and security is maintained. Review facility evacuation plans.	HQ Security, District/ Unit Commanders
Access Security	Limit public access to designated sites. Verify and inspect all inbound deliveries and services. All non-uniformed personnel to wear I.D. cards while in police facilities.	HQ Security, District/ Unit Commanders
Vehicle Security	Identify all vehicles within operational and support areas. All vehicles will be visually inspected and a key log maintained.	HQ Security, District/ Unit Commanders
Neighborhood Evacuation/ Critical Incident Exodus Plans	Reviewed by all personnel.	Dispatch Center and District Duty Supervisors
Planning	Review appropriate plans with supervisors and personnel.	BFS/Districts
Media/Press Release	Not required at this time.	PC or designee

HIGH ORANGE This condition is declared when there is a high risk of disaster or terrorist attack.

Tasks	Operational Instructions	Responsible Party
Activation Protocol	Police Commissioner or designee will notify the Dispatch Center D.S. for broadcast via a combination of technologies (i.e., MDT, pagers, land line, etc.) to all Districts and response units.	PC or designee
Notifications	The Dispatch Center Duty Supervisor follows pre-established procedure to initiate the required notifications.	Dispatch Center D.S.
Personnel Callback	Initiate callback of personnel as needed.	PC or Designee
Work Shifts/Resources activated	Review 12 on/12 off shift deployment plan and remind personnel of assignments; Unified Command Center may be activated; Mobile Command Post may be activated; Barrier Truck readied for deployment; Liaison Officers designated to prepare for Mutual Aid requests and coordination.	PC or designee
Special Equipment Advisement	Supervisors ensure that all personnel have Emergency Deployment Team (EDT) Equipment in vehicle. (Per Rule 200 Addendum H).	District/Unit Supervisors
Intelligence	Closely monitor the potential for attack. Produce daily assessments regarding local vulnerabilities. Intelligence Center activated with UASI and MSPFusion Center notification. Duty watch post established on a 24 hour basis.	BRIC
Dispatch	911 calls dispatched as normal unless otherwise specified by PC or designee. All threat related calls reported to the BRIC. Interoperability channel monitored.	Dispatch Center
BFS/Patrol Enforcement Posture	No non-public safety activities/training initiated except those cleared through PC or designee.	District/Unit Commanders
BFS Districts	Districts will monitor high profile/potential target areas. Discretion will be used for the initiation of all non-threat related incidents. All patrol functions will be coordinated through the Dispatch Center or when activated, the Unified Command Center.	BFS/Districts
Special Operations	Threat specific staffing increases will occur as needed among the Special Operations Division Units. Public Order Platoon’s rosters will be collected; staging areas and transportation will be prearranged in anticipation of the immediate deployment of POP’s.	Commander, SOD
EDT	Emergency Deployment Teams designated and notified for each shift and verified with Dispatch Center D.S.	District/Unit Commanders
Detectives, Plain Clothes Officers	Unless specifically identified by the P.C. or designee: Detectives will be in uniform; Anti Crime Units will be in uniform; DCU and YVSF in Battle Dress Uniform (BDUs).	PC or designee
Station/Unit Security	Implement as needed, physical security measures and postings. Review facility evacuation plans. All personnel to wear ID cards.	HQ Security, District/ Unit Commanders
Access Security	Terminate all non-essential contract work and deliveries unless specifically identified by the P.C. or designee. Escort all non-police personnel after first obtaining clearance.	HQ Security, District/ Unit Commanders
Vehicle Security	Limit or restrict parking around sensitive areas and buildings.	HQ Security, District/ Unit Commanders
Neighborhood Evacuation/ Critical Incident Exodus Plans	Reviewed by all personnel.	Dispatch Center and District Duty Supervisors
Planning	Develop and distribute Incident Action Plans for each shift.	BFS
Media/Press Release	Press release issued by Mayor’s Office.	PC or designee

SEVERE RED This condition is declared when there is a severe risk of disaster or terrorist attack.

Tasks	Operational Instructions	Responsible Party
Activation Protocol	Police Commissioner or designee will notify the Dispatch Center D.S. for broadcast via a combination of technologies (i.e., MDT, pagers, land line, etc.) to all Districts and response units.	PC or designee
Notifications	The Dispatch Center Duty Supervisor follows pre-established procedure to initiate the required notifications and group pages for the type of incident that exists.	Dispatch Center D.S.
Personnel Callback	Callback initiated of ALL personnel. Personnel are to respond to duty stations immediately following the pre-determined 12on/12off schedule.	District/Unit Commanders
Work Shifts/Resources activated	Emergency recall of ALL sworn personnel and Dispatchers/call-takers per pre-determined 12on/12off schedule; Unified Command Center activated and staffed; Mobile Command Post manned and on stand-by; Barrier Truck manned and on stand-by; Liaison Officers coordinate Mutual Aid requests.	PC or designee
Special Equipment Advisement	Responding units deployed wearing appropriate Emergency Deployment Team (EDT) equipment.	District/Unit Supervisors
Intelligence	Closely monitor the potential for attack. Produce daily assessments regarding local vulnerabilities. Intelligence Center activated with UASI and MSPFusion Center notification. Duty watch post established on a 24-hour basis.	BRIC
Dispatch	Only Emergency calls involving life and safety dispatched. All threat related calls reported to Intelligence Unit. D.S. may assign Headquarters personnel to assist in the Dispatch Center as needed.	Dispatch CenterCommander
BFS/Patrol Enforcement Posture	Only respond to incidents involving life and safety.	District/Unit Commanders
BFS Districts	Focus is event. Maintain availability as a resource.	BFS/Districts
Special Operations	The Special Operations Division and all Public Order Platoons will report to designated staging areas. All units will be prepared for immediate deployment.	Incident Commander
EDT	Emergency Deployment Teams deployed as needed.	Incident Commander
Detectives, Plain Clothes Officers	Unless specifically identified by the P.C. or designee: Detectives will be in uniform; Anti Crime Units will be in uniform; DCU and YVSF in Battle Dress Uniform (BDUs).	PC or designee
Station/Unit Security	Erect barriers and obstacles to control traffic flow. Review facility evacuation plans. All personnel to wear ID cards.	HQ Security, District/Unit Commanders
Access Security	Deny access to all non-police personnel. Verify identities and need for access.	HQ Security, District/Unit Commanders
Vehicle Security	Restrict/Deny parking in controlled areas.	HQ Security, District/Unit Commanders
Neighborhood Evacuation/ Critical Incident Exodus Plans	Implemented as required.	Dispatch Center and District Duty Supervisors
Planning	Develop and distribute Incident Action Plan for each shift.	PC, SIC or designee
Media/Press Release	Press release issued by Mayor’s Office.	PC or designee
	Implemented as required.	Dispatch Center and District Duty Supervisors
Develop and distribute Incident Action Plan for each shift.	PC, SIC or designee
Media/Press Release	Press release issued by Mayor’s Office.	PC or designee

Albert E. Goslin
Superintendent In Chief
Acting Police Commissioner

Rule 202 - Picketing, Strikers And Labor Disputes

April 21, 2023

Revised Rule 202, Picketing, Strikers and Labor Disputes is hereby re-issued superseding all previous rules, special orders, memos and directives on this subject and is effective immediately.

Specific changes include:

Section 1 General Considerations: third paragraph added references to the Department’s Use of Force Rules and the importance of de-escalation and duty to intervene.

Section 3 Procedures: third paragraph changes “Area Commanders” to “Bureau of Field Services Office of the Chief”; and “Division of Informational Services” to “Office of Media Relations.”

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

This rule is issued to establish guidelines for uniformed personnel when they are required to deal with labor disputes, strikes and picketing. It is effective immediately, superseding all previously issued written directives concerning police action in these situations and amends Rule No. 202 revised August 12, 1980.

Sec. 1 GENERAL CONSIDERATIONS

The police role at the scene of any labor dispute is to maintain order while protecting life and property. Similarly, the police are required to protect the rights of citizens who are exercising their right to peaceably assemble. It is where these conflicting interests clash that the police role becomes complex. Violence cannot be tolerated nor may the denial of egress and ingress to premises being picketed or the interference with the use of public thoroughfares be allowed to continue.

The key to effective police action in these circumstances is to be fair and objective in the performance of police duties. Police officers must not allow themselves to become the focus of the dispute. They must avoid taking sides or provoking any action that could result in violence.

If violence does occur the police cannot ignore their duty to restore order. In doing so thy are reminded to use the minimum force necessary. See Department Use of Force Rules (303, 303A-D, 304); particularly the introductory statements regarding the importance of de-escalation and the duty to intervene.

Requests for the services of police officers at labor disputes will be performed by off-duty officers as special assignments at the prevailing overtime rate for the maximum basic salary of the officer so assigned. (This will not include any differential pay for detectives or specialists.)

Such special assignments shall be mandatory and assigned and recorded similar to present overtime assignments. Private business concerns requesting such services will be billed by the Police Department and payments to officers recorded and reported in the usual manner.

Sec. 2 POLICY

It must be noted that both sides in a labor dispute have definite rights and responsibilities.
Strikers have a right to assemble and to picket peacefully to publicize and dramatize their cause. They do not have the right to intimidate non-strikers or to impede persons or vehicles entering or leaving an employer’s property. The employer has a right to conduct their business and to have their property safeguarded from damage or destruction. The police task is to protect the rights of both sides. This can become increasingly difficult as a strike becomes protracted. In such cases, the police must remain tolerant and patient but never reluctant to take decisive action when necessary.

Arrests at picket and/or strike scenes should be avoided except for flagrant violations which require immediate action. Only the minimum force necessary shall be used to effect arrests.

Offenders shall be removed as quickly as possible to avoid an emotional reaction from fellow picketers or strikers. Whenever possible, it is preferable to obtain sufficient information to present to a court later for the issuance of a court process against the persons concerned.

Sec. 3 PROCEDURES

An important factor in avoiding disorder and the subsequent necessity for making arrests is to establish an early contact with the leaders of demonstrations and/or strike leaders and company officials. At such a meeting police responsibility can be set out in detail and the cooperation of the prospective participants can be sought as their obligation to maintain public safety and good order is made clear to them by a police spokesman.

When a strike is imminent or has already begun, a department spokesman shall meet with representatives of management and labor, preferably including picket captains, to advise them of police policy with respect to picketing. (A similar meeting shall be arranged, when possible, with leaders of any civic group picketing or group which is known to be contemplating picketing.) The means by which this police policy would be carried out should be clearly explained and an attempt should be made to reach an understanding with respect to the actions of all concerned parties.

Bureau of Field Services Office of the Chief shall conduct or assign police spokesman to conduct such meetings as are required by this section and then notify the Division of Informational Services of the outcome of the meeting. The Office of Media Relations shall make a public announcement when such a meeting is held and the understanding that was reached by the concerned parties. If the parties involved in a strike cannot be brought together in a meeting with the police the area commander shall notify both management and labor by letter of the police policy and the means intended to be used to enforce it. A public announcement shall then be made that such notice was given.

When a picket line is established, it shall be the obligation of the officer in charge at the scene to make contact with the leader of the pickets and seek their cooperation. Good relations between the police and pickets can ease law enforcement problems.

If an incident arises, or if it is apparent that a potentially dangerous situation is arising, it should be called to the attention of the picket leader immediately. They should be encouraged to handle the problem promptly. In many instances, this will eliminate the need for police intervention.
Police officers shall not enter company property during a strike except to perform a proper police purpose. They shall not park department or personal vehicles upon company property or use any company facilities. At a strike scene, police officers shall not use a company cafeteria nor shall they accept invitations to eat with either union or management personnel.

Pickets must leave sufficient room on sidewalks for pedestrian traffic. When the picket line is moving there must be sufficient room between pickets to allow a person to pass through without colliding with the pickets. Police officers shall ensure that all persons who wish to do so have the opportunity to enter or leave premises peacefully. Pickets must not interfere with the use of public thoroughfares either by pedestrian or vehicular traffic. Vehicles must be allowed to enter or leave premises where a strike is in progress.

When picketing is conducted contrary to the provisions of this rule the pickets shall be given specific instructions as to what actions they will be required to take in order to comply with police policy. If such instructions are not complied with, a sufficient number of police officers shall be employed to carry out the department policy. Any persons resisting or interfering with such police action may be arrested and removed from the scene.

When possible, if violence occurs or is obviously imminent, the area should be cordoned off until order is restored or the threat of violence removed.

NOTE: Rule No. 202, promulgated June 1976, was amended August, 1980 by inserting the third paragraph in Section One. (From General Order No. 346, March 30, 1971).

Rule 203 - Handling Of Accident Victims And Emergency Medical Cases

September 25, 1985

This rule is issued to establish Police Department policy for the handling of accident victims and emergency medical cases by personnel of the department. It is effective immediately, superseding all previously issued directives and replacing Rule No. 203, Handling Accident Victims and Emergency Medical Assistance, dated June 4, 1979.

Sec. 1 GENERAL CONSIDERATIONS: Traditionally police officers have been expected to have more than ordinary knowledge about first-aid and the care and treatment of the injured. In order to prepare members of this force to cope with the many demands for their assistance this department has maintained instructional courses so that all sworn personnel would be able to assist the sick and injured.
However, it must be remembered by all department personnel that according to medical authorities, and in compliance with Massachusetts General Law Chapter 111-C, police are required to, and will better aid the victim, by waiting for an ambulance. It is understood that tremendous pressure will be placed on officers by family and people at the scene to immediately transport the victim to the hospital. Therefore, the procedures prescribed by this rule shall be strictly complied with.

Sec. 2 The Department of Health and Hospitals (D.H.H.), City of Boston, will be responsible for the transportation of all emergency medical cases and the following procedures will be adhered to by all Department personnel:

1. Officers dispatched to or coming upon an on-sight emergency medical case or accident victim will inform the Operations Division of the condition of the victim and request an ambulance. In compliance with Chapter 111-C the officers MUST WAIT for an ambulance to arrive to transport the person to a hospital, unless one of the three conditions described under the following section (Section 3, Exceptions), exists.

2. Officers will not move the victim except to remove them from possible danger, such as, but not limited to, fire, explosion or building collapse.

3. If the condition of the victim deteriorates while waiting for an ambulance the Operations Division shall be immediately informed. If the ambulance does not arrive within five minutes a check should be made with the Operations Division every five minutes thereafter until its
arrival.

4. While waiting for the ambulance appropriate first aid should be administered. After opening the airway and checking for breathing, if the victim is not breathing, mouth-to-mouth or mouth-to-nose resuscitation should be started.
After checking the pulse and finding it absent, closed chest massage should be started in combination with mouth-to-mouth resuscitation. (This is called Cardiopulmonary Resuscitation.)
If the victim is bleeding severely, bleeding should be controlled by placing a clean cloth material over the wound and applying direct-firm pressure. Use your bare hand if you have no clean cloth. Use other methods in combinations that were taught in the First Responders Course at the Police Academy. A tourniquet should be used only as a last resort.

5. All automobile accidents coming to the attention of the police shall be investigated promptly to determine whether cause exists for criminal complaint. In this connection, the principals involved should be interviewed to ascertain if personal injuries resulted from the accident.

6. All incidents involving Sick or Injured Assists (including Maternity and Mental Cases) or whenever any department of the city is affected, will no longer be Missiled Out. Boston Police Department Form 1.1, Incident Report, shall be submitted on all Sick and Injured Assists
(including Maternity and Mental Cases). It will not be necessary to include either the name of the examining or admitting physician or the diagnosis in the report, and it shall continue to remain the responsibility of the admitting or receiving hospital to make the necessary notification to the next of kin.

Sec. 3 EXCEPTIONS: Police Officers may transport a sick or injured person in the following situations:

A. VOLUNTARY TRANSPORTATION: Public Health regulations provide that a sick or injured person may voluntarily choose to be transported to a hospital in a vehicle which is not an ambulance. Therefore, in cases of medical emergency where there is no ambulance available or when the public safety is threatened, sick or injured persons may be transported to a hospital in a police vehicle.

In such cases, the Operations Division will determine if police provide such transportation.

B. MAJOR CATASTROPHE: The Rules and Regulations of the Department of Public Health state that in the case of a major catastrophe in which the number of certified ambulances capable of emergency dispatch in the locality of the catastrophe are insufficient to render the required emergency medical transportation services, the services of department vehicles may be used to render emergency medical transportation.

C. MENTALLY ILL PERSONS: Shall be transported by the Department of Health and Hospitals in accordance with this rule unless such persons cannot be effectively transported by the Emergency Medical Technicians due to their violent behavior and/or the likelihood that serious bodily harm will result to themselves or the public. In such cases mentally ill persons may be transported by department personnel.

Sec. 4 EMERGENCY MEDICAL TECHNICIANS: Persons responding in the dispatched ambulances, and some Fire Department personnel, will be trained Emergency Medical Technicians. These persons can be identified by the EMT shoulder patch or Identification Card and they are trained para-professionals who will assume responsibility for the care and transportation of the victim.
Police Officers will assist as requested as they would assist a physician.

Sec. 5 PRISONERS: Persons taken into custody by the police who require emergency medical treatment, shall be transported in accordance with this rule. Such persons shall be accompanied by a police officer and if admitted to the hospital for treatment, officers will notify their commanding officer and remain with the prisoner until relieved or until the prisoner is officially released from custody as provided by law.

AMENDMENTS: Section 2 was amended by adding subsections 5 & 6.

Rule 203A - Processing and Executing Applications for Involuntary Hospitalization and Warrants of Apprehension

July 14, 2021

ection 1. Purpose:
The purpose of this rule is to clarify the process for receiving, reviewing, coordinating and serving Section 12(a) Applications for Involuntary Hospitalization issued by agencies outside of the Boston Police Department (BPD) or Section 12(e) Warrants of Apprehension issued by the courts pursuant to Massachusetts General Laws Chapter 123. Outside agencies routinely request police support and assistance when addressing public safety concerns and effectuating the law. This Rule will ensure agencies are responding to the needs of the subject involved in the Section 12, thereby increasing the likelihood of successful de-escalation. This will also ensure the proper follow-up, documentation and historical record-keeping of these responses.

For the purposes of this rule, an “outside agency” includes any physician, qualified psychologist, qualified psychiatric nurse, mental health clinical specialist, licensed independent clinical social worker, or non-BPD Officers who apply for the involuntary hospitalization of a subject pursuant to Section 12(a).
Section 12(a) Applications for Involuntary Hospitalization issued ill!.. Boston Police Officers will be documented on a Boston Police 1.1 Incident Report and a copy of the incident report will be sent by email to section12@pd.boston.gov for reporting and tracking purposes. Nothing in this Rule is intended to limit the statutory authority of Boston Police Officers under Chapter 123 Section 12 of the Massachusetts General Laws. Officers are encouraged to file a Section 12 when an individual meets the necessary criteria.

Section 2. Roles and Responsibilities:
a. Operations. Operations will do the following when they receive a Section 12 generated by an outside agency:

Operations will request a copy of the Section 12(a) or Section 12(e).
The Section 12 will be scanned and emailed to the SOU at sectionl2@pd.boston.gov, after which Operations will notify the on-call SOU Officer that the Section 12 has been sent.
Operations will then notify the District Duty Supervisor that a Section 12 has been received and forwarded to the SOU.

b. District (Duty Supervisor, Patrol Supervisor). The District will do the following once they receive a Section 12(a) or a Section 12(e):

Day Tour and First Half Tour of Duty

If a Section 12(a) or Section 12(e) is received directly by a District, the Section 12 will be scanned and emailed to the SOU at section12@pd.boston.gov, after which the District will call Operations to notify the on-call SOU Officer that a Section 12 has been sent. The SOU and/or the BEST Team will obtain relevant information to assist with the response. Unless exigent circumstances exist requiring an immediate response, as determined by the Duty Supervisor and/or Patrol Supervisor, the District shall not serve a Section 12(a) received from an outside agency or dispatched from the BPD Operations Division, or a 12(e) received from the courts, until the SOU has reviewed it and responded to the District with further information that may help in selecting an appropriate response. Please note that the 12(e) can only be served when courts are open for business.

Last Half Tour of Duty

If a Section 12(a) is received directly by a District from an outside agency, the Section 12 will be scanned and emailed to the SOU at section12@pd.boston.gov. The District Duty Supervisor and/or Patrol Supervisor will then contact Operations for the on-call SOU Officer to notify them that a Section 12 has been sent. Unless exigent circumstances requiring an immediate response exists, as determined by the Duty Supervisor and/or Patrol Supervisor, the District shall not serve a Section 12(a) received or dispatched from the Boston Police Operations Division or an outside agency. Given that a nighttime service of a Section 12 has greater potential for an escalation in tensions that may result in the use of force, the Duty Supervisor and/or Patrol Supervisors will delay the service of the Section 12(a) received from an outside agency or dispatched by the BPD Operations Division until the following morning after reviewing the SOU Officer’s safety assessment. The ultimate decision on when to execute a Section 12 will lie with the Duty Supervisor and/or the Patrol Supervisor, who will document their decision, and all reasons in support of their decision, in a 1.1 Incident Report and forward it to the SOU.

Any Section 12 that is delayed until the following morning shall be served as soon as practicable, once the SOU Officer’s safety assessment has been received.

c. Street Outreach Unit (SOU). The SOU, in partnership with BEST Clinicians, will do the following once they receive by email the Section 12(a) or the Section 12(e) from a District or from Operations:

Review the Section 12( a) or the Section 12( e) and conduct a review to identify any information that may be useful in determining the appropriate response with regard to the safety of the subject and first responders.
Relay the information gathered to the appropriate District and collaborate with the Duty Supervisor and other relevant parties (e.g., Boston EMS) to identify available resources and determine an appropriate response, including whether it is necessary for the Section 12 to be carried out by uniformed officers.

Section 3. Serving of a Section 12(a) or Section 12(e) at all locations EXCEPT for Medical Facilities:

These actions will be documented in a 1.1 Incident Report and forwarded to the SOU.

Section 4. Response to Medical Facilities:
The following procedures shall be followed when serving a Section 12 for a subject located at a medical facility:

A safety assessment need not be conducted by SOU prior to BPD response to medical facilities for a Section 12(a) or a Section 12(e).
Responding officers shall stage outside and await the arrival of Boston EMS, unless exigent circumstances arise.
Responding officers and EMS shall coordinate an agreed-upon response based on the nature of the call and known history of the subject of the Section 12.
If it is determined that EMS will be the lead agency, officers shall remain staged outside.
If it is determined that BPD will be the lead agency, officers will facilitate the response.

Section 5. Officer Discretion:
To encourage officers to make difficult but necessary decisions about when, whether and how to serve a Section 12, no discipline will be issued for reasonable, good-faith decisions that engagement or disengagement was appropriate and justified, or that de-escalation measures were available and exhausted.

Section 6. Body-Worn Cameras:
Notwithstanding Rule 425, the Supervisor in charge of the Section 12 will remind patrol officers to activate body-worn cameras and will make the ultimate determination as to whether to notify occupants that they are being recorded and whether to honor any request that the cameras stop recording. Because these situations are dynamic and volatile, the Supervisor will not be disciplined for their decisions about notice and recording made in the best interest of public safety.

Section 7. Officer Input:
Any officer involved in a Section 12 may forward suggestions for future Section 12 procedures to the SOU through their appropriate chain of command.

Gregory P. Long
Superintendent In Chief

Rule 204 - Procedures To Follow In Sexual Assault Cases

July 10, 2023

Effective immediately, Rule 204, Procedures to Follow In Sexual Assault Cases, is hereby revised and reissued superseding all previous rules, special orders, memos and directives on this subject.

Rule 204 is being revised to codify current practices and to include language that mirrors Rule 327A: Domestic Violence Involving Department Employees, to ensure consistent practices when an employee is a suspect of either domestic violence or sexual assault. Revisions include:

Strengthening investigation and reporting requirements for BPD employees and other law enforcement personnel who have been involved in a sexual assault, including:
- Immediate placement of BPD personnel alleged to have been involved in incidents of sexual assault as the suspect on administrative leave while the investigation is underway.
- Notification to OPAT and POST if a sworn BPD member has been charged with violating MGL c. 265. Section 13a-29.
- Notification to the executive with immediate oversight over a law enforcement executive and the appropriate county prosecutor’s office if a law enforcement executive was involved in a sexual assault incident. This would include a BPD Commissioner as well as any law enforcement executive (Police Chief, Commissioner, Sheriff) involved in an incident within the City of Boston.
- Notification to other jurisdictions if one of their law enforcement officers was involved in an incident in Boston.
Emphasis on victim centered investigations protecting privacy and confidentiality while connecting them to services and supports.
Including resources for victims at the Family Justice Center

Specifically, the following sections have been revised:

Paragraph before Section 1 deleted

Section 1 General Considerations

Section 2 Rape Shield Considerations in Official Police Reports-- D

Section 4 First Responding Officer’s Responsibilities- A.5.B; D.1

Section 5 Patrol Supervisor’s Responsibilities – A.2

Section 7 Duty Supervisor’s Responsibilities – F; H; I; M; N (new)

Section 9 District Detective Commander’s Responsibilities – B (new)

Section 10 The On-Call Sexual Assault Unit Detective’s Responsibilities – first paragraph; D; E; F; G; N

Section 11 Protecting Victim’s Rights and Providing Services and Supports – section name change; G

Section 12 Community Notification Procedures

Section 13 Department Employee Involved Sexual Assault Allegation -- Post-Incident Administrative Decisions (new section)

Section 14 Training (new section)

Section 15 Additional Considerations (new section)

Attachment #1 Dee Kennedy Family Justice Center (new attachment)

Commanding Officers shall ensure that this order and the attached Rule are posted on Department bulletin boards.

SECTION 1: GENERAL CONSIDERATIONS:

The Boston Police Department is committed to providing a professional, victim-centered approach to sexual assaults and to proactively investigate these crimes and prosecute perpetrators in a manner that helps restore the victim’s dignity and sense of control, while decreasing the victim’s anxiety and increasing the understanding of the criminal justice system and process.

The Boston Police Department is committed to collaboration. The Department maintains ongoing partnerships with local community stakeholders and victim advocacy organizations to develop a holistic approach to responding to victims and ensuring they are notified of all available services

The Department’s Family Justice Division (FJD), established in 2006 in conjunction with the Family Justice Center, includes the Sexual Assault Unit (SAU), the Crimes Against Children Unit (CACU), the Domestic Violence Unit (DVU), and the Human Trafficking Unit (HTU) – all of which have important roles in investigating sensitive and classified investigations. In many instances these units collaborate on investigations where victims have been subjected to multiple crimes.

The purpose of this rule is to provide officers and investigators with guidelines for responding to reports of sexual assault, assisting victims, conducting interviews with victims and witnesses and interrogating suspects.

Timely and responsive law enforcement intervention can increase the reporting of sexual assault crimes, enhance the community’s confidence in the police department, strengthen investigations, and facilitate successful prosecution.

SECTION 2: RAPE SHIELD CONSIDERATIONS IN OFFICIAL POLICE REPORTS:
Massachusetts General Laws provide for confidentiality protection for victims of sexual assault, specifically:

M.G.L. c. 41 s. 97D – Confidentiality of reports of rape and related offenses; violations;
penalties – “All reports of rape and sexual assault or attempts to commit such offenses and all conversations between police officers and victims of said offenses shall not be public reports and shall be maintained by the police departments in a manner which will assure their confidentiality. Whoever violates any provision of this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.”

M.G.L. c. 265 s. 24C – Victim’s name; confidentiality – “That portion of the records of a court or any police department…which contains the name of the victim in an arrest, investigation or complaint for rape or assault with intent to rape…shall be withheld from
public inspection, except with the consent of a justice of such court where the complaint or indictment is or would be prosecuted. Said portion of such court record or police record shall not be deemed to be a public record under the provisions of section seven of chapter four. Except as otherwise provided in this section, it shall be unlawful to publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim of any of the offenses described in the first paragraph. A violation of this section shall be punishable by a fine of not less than two thousand five hundred dollars nor more than ten thousand dollars.”
Complaint Control Form (1920) – In the event that a Complaint Control Form 1920 (Form 1920) is completed against a Department employee alleging the employee committed a sexual assault or for conduct arising out of an incident that involved a response to a sexual assault, do not identify the complainant or anyone else as a sexual assault victim in the Form 1920. Personnel must comply with M.G.L. c. 41, s. 97D, “Confidentiality of Reports of Rape and Related Offenses” and M.G.L. c. 265, s. 24C, “Withholding Rape Victim’s Name From Public Disclosure.” Instead, input the original Incident Report Central Complaint number (I #) on the Form 1920 where the sexual assault victim would have been identified.
Other Department Reports –Do not identify the victim of a sexual assault in any other Department reports. For example, when completing a Recommendation for Commendation form, do not include the name(s) of sexual assault victim(s) or the address of the incident. Personnel must always be mindful of the confidentiality of rape reports and the protection of the victim’s identity. When it is necessary for a non-Sexual Assault Unit department employee to complete a Form 26, the victim’s name and address shall not be included.

SECTION 3: OPERATIONS DIVISION – DISPATCHER and 911 CALL TAKER RESPONSIBILITIES:

Communications personnel play a critical role in focusing the initial police response by compiling necessary information concerning the victim and offender, providing initial aid to the victim, and helping to preserve evidence. When a caller reports a sexual assault, communications personnel shall follow standard emergency response procedures to include:

Evaluating and properly prioritizing the call, securing medical assistance, inquiring about a suspect’s current location, and obtaining detailed information to identify the suspect.
Information about the relationship with the victim, weapon use, and history of violence should also be obtained.

Ensuring that a uniformed police officer(s), and the Patrol Supervisor are dispatched to respond to any and all reports of a sexual assault.

Ensuring that an on-duty District Detective is dispatched.

SECTION 4: FIRST RESPONDING OFFICER’S RESPONSIBILITIES:

As part of the emergency response, officers must:
Make contact with the victim as soon as possible to address safety concerns and summon emergency medical assistance, if needed.

Evaluate the scene for people, vehicles, or objects involved as well as possible threats.

Communicate all vital information to the Patrol Supervisor and other responding officers, and address any possible language barriers.

Secure the crime scene and ensure that evidence is not lost, changed, or contaminated.
Ask the victim whether he/she has reported the sexual assault to anyone (police officer, friend, neighbor, relative, etc.)
If the victim has reported the sexual assault to anyone else at any time previously, the officer shall obtain that person’s name, address, and contact information.
If the victim has not reported the sexual assault to anyone previously, the officer shall ask the victim to tell him/her in his/her own words what happened. The officer shall document the victim’s statement, including the victim’s outward behavior as he/she makes the statement. The officer shall limit questions to clarify basic information. The SAU Detective will perform a later in-depth interview.

Begin a search for the suspect when appropriate.

If the responding officer requests assistance from the SAU, the officer should clearly explain to the victim his or her role. The responding officers shall limit the preliminary interview so that the SAU Detective does not later ask the victim the same questions. Responding officer(s) shall record their observations of the crime scene in writing by completing a Form 26.

Preliminary Victim Interview:
The purpose of the preliminary interview is for the first responding officers to establish whether a crime has occurred.

In the initial response with adult victims, the first responding officers must first establish the elements of the crime(s) and identify witnesses, suspect(s), evidence, and crime scene(s).

In the initial response concerning a child victim (under age 16), the first responding officers shall interview the child’s parent, guardian, caretaker, or adult to whom the child reported the sexual assault. The first responding officer shall not conduct an interview of a child except to solicit basic information or to clarify information that the child has not previously disclosed the information to another adult. Only the responding SAU Detective and the Suffolk County District Attorney’s Office will conduct in-depth interviews with child victims.

Identifying and Locating Witnesses and Suspects:
First responding officers shall question the victim to obtain a complete description of the suspect, whether or not a weapon was used, what vehicles were used, if any, the suspect’s direction of flight, and names, addresses and telephone numbers of the victim and all witnesses.

First responding officers shall identify any potential witnesses, bearing in mind that there may be multiple crime scenes. It is especially important that the first person the victim told about the sexual assault be identified and interviewed by the SAU Detective. The SAU Detectives will conduct a more in-depth follow-up interview of all witnesses and suspects.

Additional Duties and Responsibilities of First Responding Officers:
If probable cause exists to arrest, the responding officers shall make the arrest. The responding officers should not wait for the SAU Detectives to arrive on scene before making the arrest. If an arrest is made, the victim’s name shall not appear on the Application for Complaint. “Known to the Commonwealth” should be inserted in place of victim’s name.

Brief the Patrol Supervisor and the on-call SAU Detective. The SAU Detective is the Investigator-in-Charge of the investigation.

Preserve and protect the crime scene, just as an officer would in a homicide crime scene under Rule 205, “Death Investigation,” Section 6 and Rule 309, “Procedures for Handling Physical Evidence.” The SAU Detective(s) shall first respond to where the victim is located, usually a hospital. After the SAU Detective(s) completes his/her preliminary interview with the victim, he/she shall then proceed to the crime scene. Officers must hold and secure the crime scene until the SAU Detective arrives on scene and subsequently releases the crime scene.

Do not collect any evidence from the crime scene unless there is an emergency, such as inclement weather, and evidence may be lost or destroyed. During an emergency, and only when a District Detective is not on a tour of duty, the Patrol Supervisor is responsible for collecting and preserving evidence. Otherwise, the responding SAU Detectives shall be responsible for the collection of physical evidence (See Section 8D).

Complete the original Incident Report. Include all relevant facts and information. If there are multiple victims, there must be a separate and distinct Incident Report completed for each victim.

Ensure that each and every element of the crime(s) charged is articulated in the narrative of the Report to ensure the existence of probable cause for each crime charged. In order to do this, officers shall ask the victims to tell him / her in his / her own words what happened. The officer shall not question the victim, except for clarification. Additionally, officers must utilize specific words to describe the actual sexual assault that occurred. (Acceptable example: “The suspect sexually assaulted the victim by penetrating the victim’s vagina with his penis without the victim’s consent.” Unacceptable example: “The suspect sexually assaulted the victim.”)
Ensure that any and all excited utterances by the victim, suspect, or witnesses, are recorded verbatim in the narrative of the Report.

Ensure that all responding units are identified by call sign and name in the Report.

Document the call sign and name of the SAU Detective who responded to the scene.

Ensure that a Form 51A and other mandated reporter forms, such as Elder Abuse and Disabled Persons, are completed whenever applicable.

SECTION 5: PATROL SUPERVISOR’S RESPONSIBILITIES:

Upon arrival:
Debrief the First Responding Officers.

Confirm or dispel whether or not a sexual assault has occurred, and make contact with the SAU Detective, when necessary.
In general, unless connected to a sexual assault crime, indecent exposure, open and gross lewdness, and sexual harassment are not sexual assaults.
The District Detectives shall be responsible for investigating these types of incidents. Do not contact the SAU for indecent exposure, open and gross lewdness, and sexual harassment.
If the Patrol Supervisor confirms that a rape, aggravated rape, or attempted rape has occurred, he/she shall notify the Operations Division and request that the on-call SAU Detective be contacted and requested to respond in person.
The on-call SAU Detectives shall respond in person to all confirmed reports of aggravated rape, rape, and attempted rape.

If the Patrol Supervisor or Duty Supervisor believes that a particular indecent assault and battery requires an in-person SAU Detective response, then the Patrol Supervisor or Duty Supervisor should discuss and resolve this issue with the on-call SAU Supervisor.

Ensure that the First Responding Officer(s) complies with this rule.

If probable cause exists to arrest, make the arrest. Do not wait for the SAU Detectives to arrive on scene before making an arrest.

Upon arrival of the SAU Investigator-in-Charge (IIC):
Brief the SAU IIC. This will be the on-call SAU Sergeant-Detective or SAU Detective.

Assist the SAU IIC with crime scene management during the preliminary investigation, utilizing whatever personnel are deemed necessary.

Preserve and protect the crime scene according to Rule 205, “Death Investigation,” Sections 6 and 7 and Rule 309, “Procedures for Handling Physical Evidence.” The responding SAU Detectives shall first respond to where the victim is located, usually the hospital. Officers must preserve and protect the crime scene until the SAU Detectives arrive on scene.
Ensure that the crime scene is vacated only at the direction of the SAU IIC as relayed through the Operations Division Duty Supervisor.

Notify and update your Duty Supervisor and seek his/her assistance, if necessary.

SECTION 6: OPERATIONS DIVISION DUTY SUPERVISOR RESPONSIBILITIES:

Ensure that the Sexual Assault Unit is contacted by telephone at 617-343-4400 concerning any confirmed report of an aggravated rape, rape, or attempted rape as ordered by the Patrol Supervisor. This notification shall include: the nature of the incident, the responding officer’s call sign, the Patrol Supervisor’s call sign, the location of the incident, the hospital where the victim was transported, and any other pertinent information that the SAU Detective may need.

Between the hours of 1:00a.m. and 7:30a.m, notify the on-call SAU Detective by Department pager and provide similar information as above.

Do not dispatch a uniformed officer from any district to respond outside the city to complete an Incident Report. Whenever a person is a victim of rape, aggravated rape, or attempted rape in the city of Boston, but fails to report the incident until he/she returns to his/her residence located outside the city of Boston or proceeds to a hospital located outside the city of Boston, the on-call SAU Detective shall respond to the outside residence or hospital and complete the original incident Report.

Concerning reports of indecent assault and battery, the SAU Detective will not respond in person to a residence or hospital located outside the City of Boston. However, this will be decided on a case-by-case basis by the on-call SAU Detective. Regardless of whether the on-call SAU Detective responds in person outside the city for reports of indecent assault and battery, the on-call SAU Detective shall still complete the original Incident Report.

SECTION 7: DUTY SUPERVISOR’S RESPONSIBILITIES

Ensure that the Patrol Supervisor, First Responding Officer(s), and District Detectives have complied with this rule.

Ensure that the type of crime listed in the Incident Report cites a specific crime, e.g., rape, rape of a child by force, indecent assault and battery over 14. Also ensure that any other crimes that are committed such as kidnapping, and assault and battery by means of a dangerous weapon (gun/knife, etc.) are also articulated in the narrative with the appropriate elements and probable cause for each crime.

Ensure that the type of crime cited as the type of incident, matches the type of crime articulated in the narrative.

Ensure that Incident Reports are complete and accurate.

Ensure that only sworn personnel complete sexual assault Incident Reports. Civilian employees, cadets, and any other special police officers, including but not limited to, Municipal Police, Housing Police, and School Police, are prohibited from completing
sexual assault Incident Reports.

Ensure that a Incident Report is completed for all reports of sexual assault, regardless of

which police district the crime occurred in and ensure that the appropriate sexual assault code is selected.

Ensure that a Incident Report is completed for all reports of a sexual assault that occurred outside Boston. The type of incident should be “Sexual Assault – Outside Agency.” These reports should specifically state that a sexual assault occurred in another jurisdiction and that jurisdiction has been notified. Contact that outside agency immediately to inform them of the crime and ascertain, what, if any, assistance is warranted.

Ensure that the Patrol Supervisor has communicated verbally with an on-duty SAU Detective, SAU Civilian Liaison, or the on call SAU Detective.

Between the hours of 1:00 a.m. and 7:30 a.m., contact Operations to page the on-call SAU Detective concerning all sexual assaults.

Do not dispatch any district police officer or detective to any hospital to retrieve any rape kits. Rape kits shall be collected and entered into the Evidence Management System by SAU Detectives.

When a person is arrested for a sexual assault committed in Boston, (aggravated rape, rape, attempted rape, and indecent assault and battery) with or without a warrant, the Duty Supervisor must immediately notify the Operations Division and request notification of an on-duty SAU Detective or the on-call SAU Detective (1:00 a.m. – 7:30 a.m.) for response to the district police station in person. This SAU Detective shall attempt to interrogate any and all suspects arrested for any sexual assault crimes committed in Boston.

Ensure that no sworn police officers, detectives, or supervisors conduct an interrogation of any sexual assault suspect. Only the SAU Detectives shall conduct interrogations of sexual assault suspects. However, if a suspect makes a statement, utterance, or admission after receiving Miranda warnings, and the SAU Detective has not arrived at the station, ensure that such statements are documented in writing (Form 26).

If a victim reports a sexual assault by a Boston Police Officer or BPD civilian employee, contact the on-call SAU supervisor to respond to interview the victim. Once it is confirmed that a Boston Police officer is a suspect, the SAU supervisor shall request the Operations Division to notify the on-call investigator from the Bureau of Professional Standards.

In the event that the reported incident involves the chief executive of a law enforcement agency, the appropriate county prosecutor’s office and the executive with direct oversight of the accused individual shall be notified.

If the accused officer is a member of another jurisdiction’s police department, notify the SAU, contact the Duty Supervisor of that officer’s jurisdiction, and refer the outside department to the SAU for follow-up and reports

SECTION 8: DISTRICT DETECTIVE’S RESPONSIBILITIES:

Respond with the uniformed Police Officer and Patrol Supervisor to all reports of sexual assaults.

Assist the uniformed Police Officer and Patrol Supervisor in preserving and protecting any crime scene, and in identifying and locating any witness and suspects.

Assist the on-call SAU Detective.

In the event there are exigent circumstances such as inclement weather, and where the destruction of evidence is imminent and the SAU Detective has not arrived on scene, the District Detective shall photograph, collect, and preserve the evidence. The District Detective shall document and complete all relevant paperwork before transferring the evidence over to the SAU detective. If a District Detective is not performing a tour of duty at the time, the Patrol Supervisor shall assume responsibility for the collection and preservation of evidence (See Section 4D).

SECTION 9: DISTRICT DETECTIVE COMMANDER’S RESPONSIBILITIES:

Assign a District Detective to investigate reports of indecent exposure, open and gross lewdness, or sexual harassment that are not connected to a sexual assault crime. The SAU will not investigate these types of incidents.

Ensure that District Detectives provide assistance as needed to the SAU.

Ensure that District Detectives comply with this rule.

SECTION 10: THE ON-CALL SEXUAL ASSAULT UNIT DETECTIVE’S RESPONSIBILITIES:

The on-call SAU Detective or SAU Detective Supervisor is the IIC. The IIC has primary responsibility for the investigation of all incidents involving sexual assaults. This also includes the follow-up investigation, interviews of victims and witnesses, interrogations of suspects, seeking criminal complaints, arrest warrants and search warrants, and the preparation of cases for prosecution.

The IIC shall ensure that the following steps are taken, as applicable:

Respond in person to any hospital, whether inside or outside the City of Boston, when notified that a victim was sexually assaulted in the City of Boston and the crime alleged is aggravated rape, rape, or attempted rape.

Establish radio contact with the officers at the scene.

Complete an Incident Report whenever responding to a hospital or victim’s residence located outside the city of Boston.

Ensure the collection and preservation of physical evidence from the crime scene and hospital.

Ensure that the crime scene is photographed and/or videotaped.

Utilize the services of the Crime Lab, Identification and Photography Unit, Crime Scene Response Unit and any other Department resources whenever necessary.

If allowed by the victim, photographs of external injuries should be taken at 24, 48 and 72 hours in the event injuries become more visible and pronounced.

Ensure that Sexual Assault Evidence Collection (SAECK) Kits and Toxicology Kits are retrieved from hospitals by sworn SAU personnel only, and entered into the Evidence Management System and forwarded to the Crime Lab or other appropriate unit for analysis in a timely manner.

Confirm with the Operations Division Duty Supervisor that proper notifications are being
made.

Record your arrival on crime scene and make note of those present. Evaluate the adequacy of the inner and outer perimeters and ensure that the crime scene is protected.

Ensure witnesses have been identified and located.

Debrief the Patrol Supervisor, the first officer(s) on the scene and the first responding officer(s).

Record the condition of the crime scene in notes.

Interview witnesses and suspect(s) and obtain statements.

Pursuant to Rule 334 Search Warrant Application and Execution, obtain a search warrant to search the crime scene, if necessary. If the crime scene is in a residence the preferred method of search shall be with a search warrant approved by a SAU Supervisor and the Suffolk County District Attorney’s Office, before submitting
such warrant for judicial approval.

If a search warrant is to be obtained, freeze the crime scene until a search warrant is obtained and executed.

Record the processing of the crime scene while collecting and preserving evidence.

Do not relinquish control over the crime scene until it has been completely processed.
Notify the Operations Division Duty Supervisor with instructions to vacate the crime
scene.
Prepare investigative reports.

Review all other reports, statements and forms for completeness and accuracy.

Conduct line-ups or photo arrays when necessary, in cases that require victim or witness identification of a suspect. Follow Rule 330, “Procedures for Collection and Preservation of Eyewitness Identification Evidence.”

Immediately establish contact with the District Attorney’s Office and review the case and prosecution strategy.

Arrange for arrest warrants and/or search warrants and the formal charging of the suspect(s).

Complete a supplemental incident report in order to clear a case, i.e., “Cleared by Arrest”, “Exceptionally Cleared” and “Unfounded.”

SECTION 11: PROTECTING VICTIM’S RIGHTS AND PROVIDING SERVICES AND SUPPORTS:

SAU Detectives shall provide victims information on:

The rights of a crime victim and the criminal justice process.

How to contact police if harassed or intimidated by the suspect(s).

The requirement of all agencies to obtain written permission from the victim prior to
releasing information.

What information is part of a public record and what will be held confidential.

The possibility of media coverage and what information the media has access to
regarding sexual assault crimes.

The possibility of availability of compensation for victims of crime, including medical and counseling expenses.

Services and supports available through the Dee Kennedy Family Justice Center service providers. See Attachment #1.

SECTION 12: COMMUNITY NOTIFICATION PROCEDURES:
When there is a reasonable likelihood that public knowledge of certain information about sexual assault investigations will help prevent future assaults, the public has a right to know that information. It is the Department’s responsibility to notify the public in those situations through the media and other established community notification systems. The Department shall consider the release of information on a case-by-case basis, while at all times keeping the best interest of the victim as the top priority. Prior to public release, the victim will be notified by the SAU Investigator in charge or Commander of the Sexual Assault Unit. The Office of Media Relations in the Office of the Police Commissioner utilizes traditional media as well as social media to notify the community in these instances.

SECTION 13: DEPARTMENT EMPLOYEE INVOLVED SEXUAL ASSAULT ALLEGATION -- POST-INCIDENT ADMINISTRATIVE DECISIONS:

The Department shall conduct separate parallel administrative and criminal investigations of alleged incidents of employee sexual assault. If the facts of the case indicate that sexual assault has occurred or any departmental policies have been violated, administrative action shall be taken, separate and distinct, from any criminal proceedings as soon as practicable. Independent of the outcome of the criminal case, the department shall adhere to all positions and policies relating to the incident.

BPD personnel alleged to have been involved as a suspect in incidents of sexual assault that constitute a criminal violation shall be placed on administrative leave immediately while the investigation(s) are underway. The case will be reviewed weekly by the Bureau of Professional Standards to determine recommendations regarding potential change in status. The Bureau of Professional Standards will prioritize investigation of sexual assault incidents

Where sufficient evidence exists and the facts of the case indicate that sexual assault has occurred or any departmental policies have been violated, the Department shall take immediate administrative action to intervene, which can include removal of badge, removal of weapon, reassignment, administrative duty, continued administrative leave with or without pay, suspension or termination.

If it is determined that sufficient evidence does not exist or the facts of the case indicate that sexual assault has not occurred, and departmental policies have not been violated, the Department shall assign the employee to appropriate duty status and document the findings of the investigation per Rule 109 Discipline Section 52.

SECTION 14: TRAINING

The Department is committed to ensuring that police personnel receive appropriate training regarding response to incidents of sexual assault, and that investigating detectives receive specialized training in sexual assault investigations.

SECTION 15. ADDITIONAL CONSIDERATIONS:

Upon notification by the Court, an officer’s supervising officer, or other credible source that a sworn BPD member has been charged with violating Massachusetts General Law c. 265, Section 13a-29 (as may be amended), the Bureau of Professional Standards shall send notification to the Massachusetts POST Commission and the City of Boston Office of Police Accountability and Transparency.

Note: Rule 204 Rule 204 – Procedures To Follow In Sexual Assault Cases was revised on January 26, 2007 via Special Order 07-005

RULE 204: ATTACHMENT #1

DEE KENNEDY FAMILY JUSTICE CENTER

If you are in immediate danger, call 911
SafeLink - Statewide Domestic Violence 24/7 Hotline: 1-877-785-2020
Boston Area Rape Crisis Center 24/7 Hotline: 800-841-8371

DOMESTIC AND SEXUAL VIOLENCE PREVENTION

The Dee Kennedy Family Justice Center of Boston (FJC) is a community of agencies providing direct services to individuals and families in the City of Boston (and beyond) who have been affected by and/or exposed to domestic violence, sexual assault, child sexual abuse, or human trafficking/commercial sexual exploitation. Collectively, FJC partners strive to collect, develop, and share knowledge about these types of violence and their impacts, support those affected, and prevent these harms.

SERVICES

FJC partners are here to serve all victims and survivors free of charge, with attention to accessibility and cultural responsiveness. FJC partners support victims/survivors in attaining their full health potential and wellness as experienced and honored through their many intersecting identities (race, sex/gender, sexuality, socio-economic status, ability status, immigration status, religion, etc.). Services are offered free of charge and with attention to accessibility and clients’ needs for safety, justice and healing. Services include:

Advocacy
Counseling/mentoring
Civil/legal services
Forensic medical services
Safety planning
Self-sufficiency programming
Connection to emergency shelter, substance abuse and mental health treatment
Employment support

DOMESTIC VIOLENCE

Asian Task Force Against Domestic Violence

617-338-2355 (24 hour hotline)

info@atask.org

Serving pan-Asian survivors of domestic and intimate partner violence in Greater Boston and Greater Lowell in 18 Asian languages and dialects.

Casa Myrna

1-877-785-2020 (24 hour hotline)

info@casamyrna.org

Casa Myrna is Boston’s largest provider of shelter and supportive services to survivors of domestic violence, providing safety, resources, advocacy and information since 1977. Casa Myrna operates SafeLink, the statewide domestic violence hotline.

Massachusetts Alliance of Portuguese Speakers (MAPS)

Office: 617-864-7600

Email MAPS

MAPS caseworkers offer crisis intervention, safety planning, information, guided referrals, medical and legal advocacy, supportive listening and related services around domestic violence and sexual assault.

The Network/La Red

800-832-1901 (24 hour hotline)

info@tnlr.org

The Network/La Red is a survivor-led, social justice organization that works to end partner abuse in lesbian, gay, bisexual, transgender, SM, polyamorous, and queer communities.

SEXUAL ASSAULT

Boston Area Rape Crisis Center (BARCC)

800-841-8371 (24 hour hotline)

info@barcc.org

As the only comprehensive rape crisis center in the Greater Boston area, BARCC provides counseling, medical and legal advocacy, case management, and prevention education to the community.

CHILD SEXUAL ABUSE

Children’s Advocacy Center of Suffolk County

Office: 617-779-2146

cac@state.ma.us

The Children’s Advocacy Center of Suffolk County responds to concerns of child abuse and supports youth and their families through the comprehensive process of accessing safety and services.

HUMAN TRAFFICKING/COMMERCIAL SEXUAL EXPLOITATION

EVA Center

Office: 617-779-2133

info@evacenter.org

The EVA Center is a survivor-led organization that provides a wide range of continuous and comprehensive services for women exploited through prostitution and sex trafficking.

My Life My Choice

Office: 617-396-7807

mlmcinfo@jri.org

Led by survivors and grounded in the experiences of girls, boys, trans and non-binary youth who have survived sexual exploitation, My Life My Choice provides mentoring services to empower youth to defend themselves and demand a society that does not tolerate the buying and selling of children.

ADDITIONAL SUPPORT SERVICES

Dress for Success Boston

Office: 617-779-2177

jrobinson@dfsboston.org

Dress for Success helps women achieve economic independence by providing a network of support, professional attire and the development tools to help women thrive in work and in life.

LEGAL SERVICES/LAW ENFORCEMENT

Boston Police Department / Family Justice Group

Police Detectives investigate reported crimes involving domestic violence, human trafficking, sexual assault, and crimes against children. BPD’s Civilian Advocates make referrals, explain police procedures, and provide safety planning, with or without a report to the police.

Crimes Against Children Unit (CACU): CACU investigates reported incidents of physical and sexual abuse of children, as well as crimes involving child pornography and internet enticement of minors. CACU detectives can be reached at 617-343-6183.

Domestic Violence Unit (DVU): DVU detectives investigate incidents of abuse among intimate partners or family members. Abuse can include physical violence, threats, stalking, intimidation, verbal abuse, and other behaviors used by one person to control another. DVU detectives work out of the FJC, and can be reached at 617-343-4350. In addition, civilian domestic violence advocates are assigned to several police stations in the City, and can assist victims of domestic violence with safety planning, crisis intervention, and referrals to a myriad of services, including legal assistance and housing relocation. To speak with an advocate, contact your local police station or call the DVU for more information about our advocates.

Human Trafficking Unit (HTU): HTU detectives work with the MA State Police and FBI to investigate alleged crimes in which a person or group of persons uses force, fraud, or coercion to obtain or maintain a person in service, labor or commercial sexual exploitation. HTU detectives can be reached at 617-343-6533.

Sexual Assault Unit (SAU): Detectives assigned to SAU investigate reported incidents of rape, attempted rape, or indecent assault. SAU works closely with another on-site partner at the FJC – the Boston Area Rape Crisis Center – to provide a victim-centered response to sexual-based violence. The Sexual Assault Unit can be reached at 617-343-4400.

Suffolk County District Attorney’s Office

Family Protection and Sexual Assault Bureau

Office: 617-619-4000

Visit the Victim Witness Assistance Program

The Family Protection and Sexual Assault Bureau encompasses the Child Protection Team, Domestic Violence and Sexual Assault Unit, and the Human Trafficking Unit. Prosecutors, advocates, and investigators know it is often difficult for victims to report intimate partner violence or child abuse, and they are dedicated to making the process as safe and streamlined as possible. Victim Witness Advocates Can answer questions about the criminal justice process, restraining orders, victim rights information, safety planning and referrals to community resources.

Rule 205 - Death Investigation

October 22, 1998

The following Rule is issued to establish procedures for Department personnel responding to and/or investigating all reports of the death of a person. The Suffolk County District Attorney, by statute (M.G.L. c. 38, § 4), is in charge of all death investigations conducted in the County of
Suffolk. This Rule also includes the investigation of certain other types of incidents that may or may not result in a death.

Sec. 1 GENERAL CONSIDERATIONS
In order to standardize procedures and ensure that each investigation is conducted in a fixed, orderly manner, the following procedures shall serve as a guide to the responding officer and investigator to be followed in all cases. These guidelines are to be construed in a general sense and in no way relieve an investigator from completing any other steps that may be required by a particular case. These procedures should be considered the basic, essential steps for a preliminary investigation. The investigator is encouraged to use judgment and initiative in determining what each case demands in the way of additional or follow-up investigations. Where there is a doubt or question as to how to proceed in the investigation, the investigator is to consult his/her supervisor.
Beginning with the police call taker who initially takes the call and obtains a crucial piece of information – to the first responding officer – to the investigator – a complete, detailed, practical and thorough investigation is based on team work, cooperation, documentation and compliance with basic crime scene and investigative procedures. The first fifteen (15) to twenty (20) minutes at any incident is decisive in controlling and managing the crime scene.

Sec. 2 DEFINITIONS
Next of Kin: A relative of a victim who will be recognized in order of priority as follows: 1) spouse, 2) son or daughter, 3) father or mother, 4) legal guardian, 5) grandson or granddaughter, 6) brother or sister, 7) aunt or uncle. Personal Property: May include, but is not limited to: currency, jewelry, bankbooks, wills, negotiable bonds and securities, firearms, et cetera. Sudden Death: The death of a person due to natural causes involving neither violence nor suspicion of violence, but without a physician in attendance (unattended natural death).

Sec. 3 RESPONSIBILITIES OF THE PERSON RECEIVING NOTIFICATION
The person receiving notification shall make every effort to obtain and record the following
information:

Exact time the notification was received
Exact location of the incident;
Condition of the victim(s);
Whether suspect(s), or suspect(s)’s vehicle(s) is known
Locations and descriptions of suspect(s) or suspect(s) vehicle
Means and direction of flight of suspect(s) or suspect(s)’s vehicle(s);
Location of the person who first notified the police, if the person will remain there, or
the location where the person can be met; and
Name, address and phone number of the person who first notified the police.

Sec. 4 RESPONSIBILITIES OF THE POLICE DISPATCHER
The police dispatcher shall:

Dispatch sufficient personnel and equipment to handle the situation based on available
information,
Dispatch a District Patrol Supervisor,
Dispatch a District Detective,
Dispatch medical and other assistance; and
Notify the Operations Duty Supervisor.

Sec. 5 RESPONSIBILITIES OF THE FIRST OFFICER ON THE SCENE
The first officer(s) on the scene, regardless of rank, has three (3) main objectives which
are listed below in order of priority, as applicable:

Determine whether the victim is alive or dead and initiate the necessary response;
Determine if a crime has been committed, apprehend the perpetrator if still present, or give the appropriate descriptions to the dispatcher; and
Secure and protect the crime scene and identify any witnesses, suspects and other persons present.

Sec. 6 RESPONSIBILITIES OF THE FIRST RESPONDING OFFICER
The first responding officer(s) assigned to the call or incident shall be responsible for performing the following duties, as applicable:

Request a Patrol Supervisor and other assistance as necessary;
Take accurate, detailed, and complete notes;
Address and determine the entire area of the crime scene including paths of entry and exit and any areas that may include evidence;
Isolate the area and refrain from entering the crime scene and/or disturbing, touching, or using any item found therein. If an object must be moved, note its exact location, position, and consider the possibility that the object may contain fingerprints. Outside crime scenes require specific steps to protect the scene. At an outside crime scene, a police line shall be established fifty (50) feet in all directions where appropriate or at such distances as required to freeze the crime scene;
Prohibit all unauthorized persons from entering the crime scene, including police personnel;
Restrict police vehicles so they are parked away from the crime scene until the boundaries of the crime scene can be definitively established;
Instruct medical personnel as to how to enter the crime scene so as to disturb the crime scene as little as possible. The officer should observe the medical personnel and note what objects they move and/or touch;
Initiate a chronological log (in/out) containing names, titles, and identification numbers of any police, medical, and/or technical personnel entering and leaving the crime scene. (The log sheet shall be turned over to the investigator-in-charge after the crime scene
is vacated and shall be kept in the case file.);
Prohibit anyone from smoking at or on the crime scene;
Prohibit anyone from using any telephone(s) located at or on the crime scene;
Locate and identify the person who first notified police;
Separate the witnesses while obtaining preliminary statements;
Brief the Patrol Supervisor and the investigator-in-charge of the investigation;
Complete incident reports and other reports, as applicable;
All officers responding to a death investigation shall submit a separate written report (BPD Form 26). District Commanders shall ensure that the original of all such reports is forwarded to the Homicide Unit within twenty-four (24) hours; and
Vacate the crime scene only at the direction of the investigator-in-charge as relayed through the Operations Duty Supervisor.

Sec. 7 RESPONSIBILITIES OF THE PATROL SUPERVISOR
The Patrol Supervisor on arrival at the crime scene shall be responsible for performing the following duties, as applicable:

Take charge of the crime scene and assign personnel as deemed appropriate;
Assign an officer to accompany the victim(s) to the hospital;
Assign an officer to accompany any vehicle(s) which are being towed and held for evidence or for later processing;
Debrief the first responding officer so as to ascertain the facts surrounding the incident; Ensure that the duties of the first responding officer are being performed satisfactorily with particular attention to: initiating and keeping up to date a chronological log; isolating and protecting the crime scene; and identifying and separating any witnesses; Establish a Command Post outside of the inner perimeter of the crime scene, if applicable;
Establish an outer perimeter;
Brief the investigator-in-charge;
Assist the investigator-in-charge with crime scene management during the preliminary investigation, utilizing whatever personnel are deemed necessary;
Update the Operations Duty Supervisor;
Ensure that all incident reports and other reports are completed and typed;
Ensure that separate reports (Form 26) are submitted and signed by each member of the unit in which both the first officer on the scene and the first responding officer are assigned; and
Ensure that the crime scene is vacated only at the direction of the investigator-incharge as relayed through the Operations Duty Supervisor.

Sec. 8 RESPONSIBILITIES OF AN OFFICER ASSIGNED TO ACCOMPANY VICTIM TO HOSPITAL
If victim is moved to the hospital, the victim should be accompanied by a police officer. The officer accompanying a victim to the hospital is responsible for attempting to ascertain the condition of the victim; for attempting to identify possible witnesses and family members of the victim; and, for the handling and custody of the victim’s clothing and other evidence on the victim’s person. Such clothing and other evidence should not be mixed together, but should be separated and held as evidence pending the arrival of homicide investigators, District investigators or Patrol Supervisors, depending upon which unit is appropriate. Officers are responsible for obtaining the name of the attending physician and, if applicable, the time the
victim(s) is pronounced dead.

Sec. 9 ADDITIONAL RESPONSIBILITIES OF PATROL SUPERVISOR IF DEATH IS SUSPECTED TO BE A SUDDEN DEATH
Only the Medical Examiner may rule that the death of a person is a Sudden Death, decline jurisdiction, and order the release of the body. In any case where a Patrol Supervisor, after assisting the investigator-in-charge at any preliminary investigation, suspects that the death pay be ruled a Sudden Death, the following responsibilities, considerations, and duties shall be in addition to those listed in the previous section.

The Patrol Supervisor shall:
Contact the Medical Examiner with all pertinent information gathered in the
preliminary investigation;

Ensure that the Department of Health and Hospitals Emergency Medical Technicians (EMTs) are summoned to the scene of each reported death where there is no physician in attendance. If the EMTs make a determination that the victim has no vital signs in accordance with guidelines issued to them, they shall indicate this information on a report form and a copy of their report is to be given to the investigator-in-charge;
Ensure that the reporting officer includes the names and Unit designation of the responding EMTs on the incident report;
Ensure that if the Medical Examiner accepts jurisdiction of the body, the body not be removed, except at the direction of the Medical Examiner;
Ensure that the scene remains protected until the investigation at the scene is completed; and
Ensure that if the decedent was under the care of a physician, that an attempt was made to contact the physician to find out the nature of the illness, and whether the physician will sign the death certificate.

Sec. 10 RESPONSIBILITIES OF THE OPERATIONS DUTY SUPERVISOR
The Operations Duty Supervisor shall be responsible to notify the following:

District Duty Supervisor;
Homicide Unit (from on call list);
District Attorney’s Office (from on call list);
Medical Examiner’s Office;
Identification and Photography Unit; District Commander;
Crime Lab (if requested by the investigator-in-charge);
Ballistics Unit (if requested by the investigator-in-charge); and
Any other Department resources as necessary (as requested by the investigator-incharge).

Sec. 11 ASSIGNMENT OF INVESTIGATIVE RESPONSIBILITIES
The assignment of investigative responsibilities detailed below applies only to those homicides and sudden deaths occurring within the City of Boston where the Suffolk County District Attorney has designated the Boston Police Department Homicide Unit as the “law enforcement representative”. The assignment of investigative responsibilities detailed below specifically does not apply to homicides or sudden deaths which occur in areas or locales wherein the Suffolk County District Attorney has designated the State Police, or any other agency, to be the “law enforcement representative.”

a) A Homicide Unit Investigative Team Supervisor shall be designated as the investigator-in-charge and has the responsibility for the investigation of all incidents involving any:

Homicide;
Violent, suspicious or sudden death when the cause is unknown;
Any suicide that occurred in a police facility, or by a person in police custody, or in a Suffolk County correctional facility (M.G.L. c. 40, § 36A and Rule 318);
Unidentified dead bodies, irrespective of the cause of death;
Aggravated battery where the victim is in critical condition and there is a likelihood that the victim will die; and
Incident at the direction of the District Attorney or the Medical Examiner (e.g., physician-assisted suicides, etc.).

The Homicide Unit Investigative Team is responsible for the collection, processing and custody procedures for any evidence gathered. In those investigations conducted by the Homicide Unit Investigative Team, the Homicide Unit Commander is responsible for overseeing the follow-up investigation. In all homicide cases, the Area Detective Commander is responsible for the assignment of a District Detective to assist the Homicide Unit Investigative Team that will
coordinate the investigative effort within their District.

b) The District Detective investigator-in-charge as designated by the Area Detective Commander shall be responsible for investigations on their District involving:

Accidental deaths, sudden deaths and suicides, except for those which are listed above and are assigned to the Homicide Unit; and
Other investigations, distinct from those ruled homicides, as directed by the District Attorney or the Medical Examiner.

The District Detective is responsible for the collection, processing and custody procedures for any evidence gathered. In those death investigations conducted by District Detectives, the Area Detective Commander is responsible for overseeing the follow-up investigation.

Sec. 12 RESPONSIBILITIES OF INVESTIGATOR-IN-CHARGE
The investigator-in-charge shall ensure that the following steps are taken, as applicable:

Record date, time, and by whom assigned to case;
Confirm with the Operations Division Duty Supervisor that proper notifications are being made;
Record arrival on crime scene and make note of those present;
Evaluate the adequacy of the inner and outer perimeters and ensure the crime scene is protected;
Ensure witnesses have been located and identified;
Debrief the Patrol Supervisor, the first officer(s) on the scene and the first responding officer(s);
Record condition of crime scene in notes;
Obtain name of next of kin and ensure that they are notified in-person, if possible. For out of state or out of jurisdiction notifications, arrange for the local police department to make an in-person notification;
Arrange for identification of body;
Interview witnesses and suspect(s) and obtain statements;
Supply the Medical Examiner with any additional information that may have been obtained as a result of interviews;
Search the crime scene (with warrant, if necessary);
Photograph the crime scene. Use photographs and/or videotapes (eliminate any unnecessary background noise); Sketch the crime scene;
Record the processing of the crime scene while collecting and preserving evidence; Collect relative hand-written documents, such as suicide notes, as evidence with the original to remain a part of the case file and copies to be provided to the District Attorney and Medical Examiner. Copies of suicide notes may be provided to family members or a relative after the investigation is completed and there has been a finding that the death is a suicide;
Examine scene for any medication and forward to Medical Examiner (obtain signed receipt for medication forwarded);
Interview next of kin and/or close friends and obtain past medical history, name of doctor, and note any recent illness and/or hospitalization;
Obtain a copy of the responding EMT’s report;
Compile a history of victim’s mental health and physical condition for the Medical Examiner and include in the case report;
Record condition and position of body, clothing worn, condition of hands, etc.;
Record any trauma, rigor mortis, lividity, body temperature (by touch) and any other observable conditions of the body;
Arrange for removal of body when processing is complete at the direction of the Medical Examiner;
Consult with the District Attorney or their designee to determine when the crime scene may be vacated;
Notify the Operations Duty Supervisor with instructions to vacate the crime scene;
Prepare investigative reports;
Review all other reports, statements and forms for completeness and accuracy;
Conduct re-enactment, if deemed appropriate;
Conduct line-ups or photo arrays when necessary, in cases which require victim or witness identification of a suspect;
Review case with District Attorney or their designee; and Arrange for arrest warrant and/or search warrants and the formal charging of the suspect(s) with the approval of the Homicide Unit Commander (BPD), and the Chief of the Homicide Division of the District Attorney’s Office, unless impractical.

Sec. 13 REMOVAL OF DEAD BODIES
A dead body shall only be moved at the direction of the Medical Examiner or the District Attorney or their designee (M.G.L. c. 38, § 4). The Medical Examiner must be notified of the known facts concerning the time, place, manner, circumstances, and suspected cause concerning any person who has died. The Medical Examiner has the lawful right to take charge of the body (M.G.L. c. 38, § 4).
Once the District Attorney or their designee arrive at the scene or is notified of the discovery of the dead body, the District Attorney shall have authority to direct and control the criminal investigation of the death and removal of the body and coordinate the investigation with the police (M.G.L. c. 38, § 4).
Transportation of bodies of persons who have died from any disease dangerous to public health must be in accordance with the rules and regulations of the Department of Public Health (M.G.L. c. I 11, § 107).
If a body is found in water, it may be moved to the nearest shelter. Prior to moving the body, the location and position shall be carefully recorded and if possible, marked and photographed.
If a body in a public place is moved, it should be placed on a stretcher in the exact position it is found. The area should be marked, the body outlined on the ground, and the location photographed. Particular attention must be given to the body’s position and to blood or fluid secretions.
If the Medical Examiner declines jurisdiction but there is no known next of kin or relative of the deceased to make funeral arrangements, personnel from the Medical Examiner’s office shall remove the body to the Office of the Chief Medical Examiner.
If the Medical Examiner declines jurisdiction and there are next of kin or relatives to make funeral arrangements, the District detectives SHALL be required to do the following:

A. If the next of kin CAN be notified prior to the completion of the original 1. 1 incident report, the name of the deceased shall be recorded in Box #11, and the name of the next of kin will be recorded in the narrative section of the 1. 1 incident report.

B. If the name of a next of kin can be determined, but CANNOT be notified before the original 1. 1 report is completed the deceased name shall not be recorded in box 411.
The District detectives shall conduct a follow-up investigation and submit a supplementary report, recording the name of the deceased in Block 411, and the name of the next of kin in the narrative section of the report.
In all cases, officers shall remain on scene until such time as the body is removed, either by personnel from the Medical Examiner’s office or by an undertaker.

Sec. 14 BODIES REMOVED FROM FIRE SCENES
The EMTs are responsible for examining the victim and making on-scene pronouncements. The Medical Examiner’s office will be notified immediately and requested to respond.
Fire Department personnel will handle the removal of the victim(s) and placement into the Police Department wagon and from the wagon to the Office of the Chief Medical Examiner. All equipment necessary for the removal will be provided by Health and Hospitals or the Fire Department. Police Department wagons will be used only to transport the victim to the mortuary and police personnel shall not handle the victim(s).

Sec. 15 VEHICLES REMOVED FROM CRIME SCENES
Whenever possible all vehicles will be processed at the crime scene. If it becomes necessary to remove a vehicle prior to processing, evidence shall only be removed after being photographed and latent print processing has been completed.
Vehicles held as evidence or for processing shall only be towed on a flatbed tow truck and shall be towed for safekeeping to the station house of the District of occurrence or to a secured location at the direction of the Homicide Unit Investigative Team Supervisor or, where appropriate, the District investigator-in-charge. The reporting officer ordering the tow is responsible for completing the tow slip receipt, the MN inventory (BPD Form 2012) and recording the tow on the original incident report. Such incident report shall include the name of any officer assigned to accompany a vehicle towed for evidence or for later processing.
The vehicle should be clearly marked as evidence and the District Duty Supervisor shall be notified as to the vehicle’s whereabouts. In order to maintain the chain of custody, officers assigned to accompany such vehicles shall stay with the vehicle until relieved.

Sec. 16 CRIME SCENE SEARCH GUIDELINES
Officers should be alert to important details or evidence which are transient in nature and which may be subject to chemical changes or which may be moved. The officer must be crime scene conscious and attempt to assess and determine the entire area of the crime scene. Crime scene processing must continue until complete. It should be kept in mind that once a crime scene is abandoned, if only for a short period of time, it is often impossible to legally gain possession of the premises again.

a) Except for consent searches which have received the prior approval of both the Commander of the Homicide Unit and the Chief of the Homicide Division of the District Attorney’s Office, a search warrant shall be obtained prior to searching a crime scene in any case where individual property rights guaranteed by the Fourth Amendment to -the U.S. Constitution and/or Article 14 of the Massachusetts Declaration of Rights could be violated or infringed upon.

b) The Homicide Unit Investigative Team Supervisor shall review the affidavit and submit the affidavit to an Assistant District Attorney from the Homicide Division of the District Attorney’s office for approval.

c) The Homicide Unit Investigative Team Supervisor shall directly supervise the service and return of the warrant.

Sec. 17 NON-CRIMINAL DEATH SCENE SEARCH GUIDELINES
The primary role of any officer involved in a Death Investigation on scenes of accidental, suicide and sudden deaths is to establish the circumstances surrounding the death and to determine whether criminal misconduct took place.
If a preliminary investigation reveals with reasonable certainty that no criminal misconduct took place, it is only necessary to search those areas that directly relate to the circumstances and cause of death.
There will be no independent cursory searches of the decedent’s property outside of what is discovered in plain view on or near the body of the decedent, unless the Medical Examiner orders a search. This search shall be the responsibility of the Patrol Supervisor. The search shall be conducted in the presence of a police officer who shall record all items impounded.

Sec. 18 IMPOUNDING PROPERTY PROCEDURES
All bulk property shall be secured, locked and sealed with the crime scene.
Keys to premises occupied by the deceased shall be delivered to the Medical Examiner unless he authorizes them to be retained by the police. No police officer shall admit any person into premises of the deceased or surrender keys to such premises without the authorization of the Medical Examiner or his representative.

In all cases in which the Medical Examiner accepts jurisdiction of a dead body, the Medical Examiner is responsible for the property of the deceased person. The Medical Examiner shall, unless such money or property is required as evidence, deliver it to the person entitled to its custody or possession or, if not claimed within sixty (60) days, to a public administrator (M.G.L. c. 38, § 18).

In all cases in which the Medical Examiner declines jurisdiction of an unattended natural death, all personal property discovered on or near the body of the deceased shall be taken to the station house of the District of occurrence, inventoried and turned over to the Duty Supervisor.
Upon receiving a receipt for such property from the next of kin, the Duty Supervisor shall release such property.

In either case, no property shall be released until it is inventoried, itemized, and recorded on a property receipt. The property receipt must be signed by the person accepting the property before the property may be released. This release shall be recorded on a supplementary incident report, including the identification of the person accepting the property.
A copy of the property receipt shall be attached to the original incident report and also to the District copy. The original property receipt shall be attached to the District Property Receipt Book. A copy shall also be delivered to the Medical Examiner.

Sec. 19 ALL DEATH INVESTIGATION REPORTS
Police officers are required to write reports for all deaths that occur in their jurisdiction without a physician in attendance. However, the District Attorney or the Medical Examiner may direct that a report be written and an investigation be conducted in cases involving a suspected physician-assisted suicide. The basic report requirements are the same for any such death, regardless of the age of the deceased (including infants and apparent still-borns), the apparent health or mental condition of the deceased prior to death and/or the possible cause of death.

ALL DEATH REPORTS SHALL BE TYPED.
The incident report also must indicate whether or not the Medical Examiner accepted jurisdiction of the body. When the name of the undertaker is available, it should also be recorded on the incident report.
Police officers shall not take it upon themselves to determine the cause of death, nor shall they put any such assumptions in their reports. The Duty Supervisor shall classify all such deaths as “death investigations” and shall ensure that those words are typed in the block on the incident report (1. 1) labeled “Type of Incident.” Upon an investigation being classified or re-classified by the Medical Examiner as a homicide, or otherwise, the investigator-in-charge shall be responsible for submitting a supplementary incident report (1. 1) which shall include the Medical Examiner’s finding.

Original incident reports shall include only the following information, with all other pertinent information included only on the Form 26 report:

Describe the exact address and floor where the body was found;
List the name and area of assignment of the officer who found the body;
List the names and unit numbers of ALL persons responding to the crime scene, including, but not limited to: Police, Fire, Health and Hospitals, Medical Examiner’s Office and the District Attorney’s Office;
List the time the EMTs determined the deceased person could not be resuscitated;
In the event the victim is transported to a hospital, list the name of the attending physician and the time the victim was pronounced; and
Include whether or not the Medical Examiner accepted jurisdiction of the body, where the body was taken and who removed it.

Sec. 20 INFORMATION NECESSARY FOR FORM 26 REPORTS
Form 26 reports shall be typed and shall be as detailed and complete as possible.
They shall include the following information, as applicable:

Include the name of the victim, if known;
Describe the exact place where the body was found (this should be specific as
possible, giving, if necessary, both the address and the location within that address, such as: bathroom in Apt. 3 on the second floor, 123 Main Street);
Describe the position of the body;
Describe the clothing or any other covering on the body;
Describe any visible injuries or discolorations on the body;
List the names of all other persons present, and/or those who may have knowledge of the incident;
List the name and area of assignment of the officer who found the body;
List the names of the responding EMTs and their unit number;
List the time of the EMT’s determination that the deceased person could not be resuscitated;
List the name of any physician who was recently caring for the deceased;
List any known illnesses or diseases of the deceased;
List any prescription medications found in the name of the deceased or known to be currently used by the deceased;
List the name of the next of kin, include addresses, telephone numbers, etc.;
Include the time of notification of family or friends of the death, or what efforts were made, or are being made, to make such notification;
Include the identity of any member of the Clergy who was called; and
Include where the body was taken and who removed it.

Sec. 21 INVESTIGATOR-IN-CHARGE REPORTS IN DEATH INVESTIGATIONS
Investigator-in-charge Investigative Reports (Form 26) in Death Investigations will describe the investigation in the following sequence and format, as applicable:

Give a narrative summary;
Describe in detail, who, what, where, when, why and how;
When witnesses are interviewed or statements taken, they shall be listed numerically, (i.e. 1,2,3,). Include a short paragraph summarizing the statement given. Statements of witnesses and subjects must contain sufficient personal history and data so that they may be located in the future;
If an area canvass is conducted, all persons interviewed and/or addresses visited must be listed. State time, identifying persons name, address, telephone number, and what information was obtained. If no one was at home at address, state no contact was made
and give time. All reports must be signed by officer preparing report; Briefly describe the scene of the crime and body position, condition, clothing, trauma, disposition of body, etc.;
List personal data on the victim/subject of the investigation;
List any medical history of the victim/subject;
List any past history of the victim/subject;
List the name(s) of the next of kin, include addresses, telephone numbers, etc.;
List all property secured and its location;
List any vehicle(s) and location, including tow receipt numbers, if applicable; and
List any additional information.

Sec. 22 FILING FOR INQUEST AND/OR CRIMINAL CHARGES
The Homicide Unit Investigative Team Supervisor shall consult with an Assistant District Attorney from the Homicide Division of the District Attorney’s Office outlining all evidence and probable cause to support charges prior to the filing of any criminal charges. If a suspect has been arrested on any criminal charge, criminal charges are considered filed when the application for complaint has been properly completed and filed with the court. The District Attorney or their designee shall determine the cases in which a direct indictment will be sought.

The Homicide Unit Investigative Team Supervisor investigating an unidentified dead body is responsible for ensuring that all pertinent information is completely and accurately entered into the National Crime Information Center (NCIC) Unidentified Person File in a timely manner.
Any warrants for the arrest of a suspect will be sought from a Judge, Grand Jury or Clerk Magistrate subsequent to the review and approval of the District Attorney or their designee.
Upon issuance of an arrest warrant or indictment warrant, the Homicide Unit Investigative Team Supervisor assigned to investigate the case is responsible for ensuring that all computer entries are complete and accurately entered. Discrepancies noted in any of the information entered into the Warrant Management System shall immediately be brought to the attention of the Clerk of Court for the court of issue so they may be corrected.
If there is reason to believe a suspect has fled from the jurisdiction, an Unlawful Flight to Avoid Prosecution (UFAP) federal warrant will only be sought if deemed appropriate by the District Attorney or their designee.

The District Attorney will determine when it is appropriate to institute procedures for an inquest before a justice of the court of jurisdiction (M.G.L. c. 3 8, § 8).

Paul F. Evans
Police Commissioner

Rule 206 - Improvised Explosive Devices (IED)

January 26, 2007

This Rule is issued to establish Police Department procedures and policies when department personnel are responding to, investigating or handling explosive devices. Members of the department shall adhere to these guidelines to ensure that cautious and appropriate measures are taken when dealing with explosives to prevent death and injury and to protect property.
This rule is effective immediately and supersedes all previously issued written orders and directives concerning this subject.

Sec. 1 GENERAL CONSIDERATIONS: The threat of terrorism poses a significant challenge to public safety personnel and the public worldwide. Terrorists groups and individuals are increasingly resorting to the use of improvised explosive devices to create anxiety and fear and to maim and kill. Law enforcement officers must know what actions to take when confronted with a possible explosive device to ensure their safety and the safety of others.

Sec. 2 FIRST RESPONDER PROCEDURES: When Department personnel encounter a possible explosive device they shall not touch it. Officers shall refrain from using electronic communication devices such as two-way radios and cellular telephones in the immediate proximity of the suspicious object.

In such situations, officers shall immediately move at least 300 feet from the object and notify the Operations Division of the suspicious object and give Operations its exact location and other relevant details. If the object is within a building, the officer(s) at the scene shall have the premises evacuated. The officer(s) shall ensure the safety of evacuees and persons outside the building by moving them at least 300 feet from the location of the object. If the object is outdoors, the officer(s) shall maintain the same 300-foot perimeter around the suspicious object.

If the officer at the scene cannot effectively evacuate people from a building or area due to volume or other reasons, he/she shall notify Operations and request appropriate resources to perform the evacuation and maintain a secured perimeter around the suspicious object location.

Officers must bear in mind that terrorist groups and others utilize secondary improvised devices to injure and kill first responders. Officers shall make efforts to detect additional suspicious objects in the vicinity of the primary device.
Officers must also remember that a location where an improvised explosive device is found is a crime scene. Officers must make every effort to curtail access to the scene and preserve evidence.

Sec. 3 OPERATIONS DIVISION: Upon receiving information from an officer at the scene that a possible improvised explosive device exists, the Operations Division shall immediately notify the Explosive Ordnance Unit and relay all pertinent information. The Explosive Ordnance Unit
shall notify the Special Operations Division when an improvised explosive device is found. The Special Operations Division and the District of occurrence shall supply all needed support personnel and equipment.

The Operations Division shall also notify the following agencies when an improvised explosive device is found:

The Federal Bureau of Investigation
The Bureau of Alcohol, Tobacco, Firearms and Explosives

When the threat of a nuclear explosive is received the Operations Division shall notify the Federal Bureau of Investigation. When notified that military ordnance has been found the Operations Division shall notify the U.S. Army at Fort Devens.

Sec. 4 EXPLOSIVE ORDNANCE UNIT: Upon notification from Operations that a suspicious object has been found, the Explosive Ordnance Unit shall immediately respond to the location and conduct an assessment of the object. Upon arrival the Supervisor or Senior Bomb Technician
assigned to the Explosive Ordnance Unit will assume control and responsibility of the incident.
The Supervisor of Senior Bomb Technician shall coordinate with District Supervisors to ensure all safety and security measures are in place prior to the Bomb Technicians initiating a render safe procedure. The Supervisor or Senior Bomb Technician shall also make certain that no one, except Explosive Ordnance Unit personnel, is within the 300-foot secured perimeter. Members of the Explosive Ordnance Unit shall follow approved procedures during the examination, handling, transportation and detonation of a suspected improvised explosive device.

Sec. 5 TRANSPORTATION: Only the Explosive Ordnance Unit shall transport improvised explosive devices. The Special Operations Division shall provide a police cruiser to proceed in front of the vehicle transporting the explosive and such motorcycle officers as are needed to cope with traffic.
The Explosive Ordnance Unit shall not transport explosives through tunnels. The Explosive Ordnance Unit shall not transport explosives over bridges unless there is no alternative route available.

Sec. 6 STORAGE: The only approved area for the storage of explosive devices is at the Boston Police Departments Pistol Range, and Moon Island Bunker, and the Pistol Range personnel must be notified prior to transportation to that site.

Sec. 7 DISPOSAL: The primary disposal area for explosives is the Boston Police Department revolver range on Moon Island. In addition to the procedures set forth in the previous section (5) of this rule, the Explosive Ordnance Unit shall notify the Chief of the City of Quincy’s Fire Department prior to the transportation of any explosives to Moon Island.
Before any explosive device is detonated on Moon Island, the Explosive Ordnance Unit shall notify the Logan Airport Control Tower.
In an extreme emergency, if two or more explosive devices are found in different locations at the same time it may be necessary to use an alternate disposal area. An alternate area would be an open field or park in an area close to where the explosive was found. For example:

Downtown Boston: the Boston Common
Brighton: Roger’s Park or Smith Field
Charlestown: Barry Playground
Dorchester: Garvey Park, Ronan Park, Malibu Beach, Walsh Park
East Boston: Constitution Beach, Bell Island Marsh
Hyde Park: Kelley Field, Ross Field, Smith Field
Jamaica Plain, Playstead Park at Franklin Park, Daisy Field on Jamaica Way
Mattapan: Barry’s Ledge; Franklin Park Ball Field
Roslindale: Fallon Field, Healy Field
South End: Carter Playground; Jim Rice Ball Field
South Boston: Columbia Park, M Street Ball Field, Carson Beach
West Roxbury: W.R. Crushed Stone, Billings Field, Millennium Park

Sec. 8 PUBLIC INFORMATION: Descriptions and photographs of improvised explosive devices have in the past resulted in groups and individuals copying or attempting to copy such devices.
Therefore, no person shall give a description of an explosive device to a member of the news media. No person, other than police personnel, shall photograph an explosive device. Only the Office of Media Relations shall disseminate information concerning explosive devices.

Edward F. Davis
Police Commissioner

Rule 300 - Office Of Media Relations - Release Of Official Information

May 6, 2015

OFFICE OF MEDIA RELATIONS – RELEASE OF OFFICIAL INFORMATION
This rule is issued to establish the policy of the Police Department with regard to releasing official public information to members of the news organizations or to other persons outside the department. The rule clearly recognizes the rights of news media personnel to obtain information and photographs at the scene of emergencies or other police activities. Its provisions are effective immediately, superseding all previously issued Rules, Orders, Bulletins, Memoranda and directives regarding communication with the news organizations or release of official information.

Sec. 1 GENERAL CONSIDERATIONS: The relationship between the police and the news organizations in a democratic society is based upon complementary rather than conflicting interests. News organizations have a legitimate need for information about public safety activities and provide a wide reaching opportunity to inform the public about matters involving crime, quality of life and public safety.

Crime, and police efforts to prevent it, is a matter of public concern. The Boston Police Department is regularly involved in events about which members of the news media legitimately need information or photographs. Under such circumstances, the members of the Department, both sworn and civilian, have three responsibilities: 1) to bring the police operation at hand to a successful conclusion, 2) to protect the constitutional rights of accused persons, and 3) to cooperate with media efforts to obtain and disseminate factual timely information.

The Boston Police Department actively seeks to establish a cooperative climate in which information involving matters of public interest may be obtained in a manner that does not hamper police operations or abridge the rights of the accused.

Sec. 2 THE OFFICE OF MEDIA RELATIONS (OMR): The Office of Media Relations is the central source of information for release by the Department and responds to requests for information by the news media and the community. Members of OMR provide information and updates to the media at major incident scenes, prepares and distributes news releases, coordinates and assists at news conferences, coordinates and authorizes the release of information about victims, witnesses and suspects, assists in crisis situations within the agency and coordinates the release of authorized information. Members of the OMR also update the Department’s blog (www.BPDNews.com); and are responsible for posting messages on the Department’s Official Social Media sites. The Office of Media Relations is open seven days a week from 8:00 a.m. to 11:00 p.m.

Sec 3 PUBLIC RECORDS: Members of the Department should understand the provisions of M.G.L. c. 4 § 7 and M.G.L. c. 66 § 10. These sections define public records. These statutes give the public access, including the right to inspect and copy, all records made or received by any public agency except those exempted from disclosure by other statutes. Included among those documents that the public has a right to inspect and copy is BPD Form 1.1, Incident Reports, except those portions of the report that fall within one of the following enumerated exemption clauses:

CORI Records: Except for information that is released contemporaneous with an arrest, specifically exempted from disclosure are all records that come under the Criminal Offenders Record Information law (CORI) which prohibits disclosure of any information about an arrest including the summaries of criminal records or probation records whether obtained from Boston Police files or by Boston Police from other agencies.
Victim and Juvenile Identities: Prohibited by law is the disclosure of the names of victims in sexual assault cases, as well as details of sexual assaults. Prohibited by Departmental policy is the disclosure of the names of juveniles. (Juveniles are considered those persons less than 18 years of age.)
Investigative Information: The Public Record Law also provides that “investigative materials necessarily compiled out of the public view by law enforcement or other investigative officials, the disclosure of which would probably so prejudice the possibility of effective law enforcement that it would not be in the public interest,” are exempt from public disclosure. It is the policy of the Department to release such information to news media personnel, contemporaneous with an incident and consistent with sections 3 and 4 of this Rule, if such release does not interfere with police investigations. The Police Commissioner will make final decisions on release of such information after consultation with the Legal Advisor.

Sec. 4 INFORMATION THAT DEPARTMENT MEMBERS MAY NOT RELEASE:

The existence or contents of a prior criminal record of the accused (C.O.R.I.).
Character or reputation of the accused.
Existence or contents of any confession or statement of the accused.
The accused person’s participation in, or refusal to submit to, any examination or test and/or the results thereof.
Possibility of a guilty plea.
Opinions as to the guilt or innocence of the suspect.
Opinions as to the quality of the evidence of the case.
Identity of known witnesses or possible witnesses.
Statements or testimony of witnesses except as part of the record of a public court proceeding.
Police pictures of persons arrested, or pictures that have been made a part of a criminal record (unless published to aid in the capture of a wanted suspect; or authorized by an appropriate bureau chief or his/her designee).
Names or addresses of rape or attempted rape victims and any details of sexual assaults, or attempts to commit such offenses.
Information contained in an officer’s Internal Affairs file; exceptions are noted in Section 5.
Photographs of police personnel, unless permission is given by the individual involved, the individual’s immediate family, or in special cases, the Police Commissioner.
Specific addresses (other than home towns), family data, or other personal data regarding police personnel, unless the person involved gives permission (information that can be released is noted in Section 5).

Sec. 5 INFORMATION THAT DEPARTMENT MEMBERS MAY RELEASE CONTEMPORANEOUS WITH AN INCIDENT OR WITH THE APPROVAL OF THE OMR:

Nature of charges.
Basic facts and circumstances of an arrest.
Identity of investigating and arresting officers.
Length of the investigation leading to the arrest.
Description of physical evidence seized unless release of such information would unduly jeopardize a case.
Identity of the arrestee, if 18 years of age or older.
The age, sex, and hometown (but not the name) of the accused if under 18 years of age.
Schedule of and/or results from any stages of the judicial process (including quotations from public records of the court).
An officer’s age, date of appointment, hometown, and date of retirement or resignation, awards or commendations.
Any criminal charges pending against an officer.
Results of a completed IAD investigation, only with the approval of the Superintendent of BII or the Police Commissioner.
Nature of charges against an officer in an on-going IAD investigation.
Identities of persons killed; only after obtaining confirmation that the next-of-kin have been properly notified.

Sec. 5.1 DISPLAYS OF EVIDENCE: The Department will on occasion display drugs, weapons, and other evidence seized at crime scenes or during arrests. Evidence including: drugs, drug paraphernalia, weapons, money and other items may be displayed at news conferences and allowed to be photographed only after clearance by the OMR.

Sec. 6 PHOTOGRAPHING PRISONERS: News organizations have the right to photograph persons in police custody. However, officers will not pose prisoners for news photographs nor will they allow prisoners to be photographed by media outlets inside police buildings.

Sec. 7 ACCESS OF NEWS MEDIA PERSONNEL: A newsperson’s primary responsibility is to report the news by gathering information and/or taking photographs. Since the opportunity to do so is often of a momentary or transitory nature, especially at an emergency scene, an officer should not obstruct a newsperson in the performance of his or her duties. However, to preserve the integrity of a crime scene while evidence is being collected; members of news organizations will not be permitted within 50 feet of an active crime scene.

Newspersons may photograph or report anything they observe at an emergency scene. When publication or broadcast of such coverage could interfere with an investigation or place a victim, suspect, witness or other person in jeopardy, withholding publication is dependent upon the willingness of the news organization. In the event of a conflict with news organization members, officers shall immediately advise a supervisor to notify the OMR. Officers shall not, however, interfere with or obstruct news media personnel as long as their activities remain within the confines of the law. Any violations of this procedure should be immediately reported to the OMR. On public streets, news photographers and their equipment have the right to be free from assaults and unnecessary interference or obstruction while engaged in the lawful performance of their duties at the scene of a crime or other major event. Members of the news media are not exempt from any municipal, state or federal statute.

Sec. 8 NEWS MEDIA ACCESS AND CROWD CONTROL: In order to ensure public safety and to prevent citizens from entering a restricted area, police personnel will establish police lines where necessary at all major events. It is the policy of the Department to allow duly accredited representatives of any news service, newspaper, television, or radio station to enter areas normally closed to the public by police lines. ALLOWING NEWSPERSONS INTO SUCH AREAS IS, HOWEVER, DEPENDENT UPON THE TACTICAL SITUATION AND THE LIKELIHOOD THAT THE SUCCESS OF THE POLICE RESPONSE WILL NOT BE JEOPARDIZED. IN CERTAIN SITUATIONS, THERE MAY BE A SEPARATE AREA SET ASIDE FOR NEWS MEDIA REPRESENTATIVES TO ALLOW THEM TO COVER AN EVENT.

The decision to assume the risk of danger remains with the individual newsperson involved and it is not the responsibility of the police to provide for the safety of those members of the news media who voluntarily choose to subject themselves to danger. It is the responsibility of department personnel assigned at events where police lines are established to ensure that only news media members WITH THE APPROVED IDENTIFICATION are allowed to cross police lines or enter areas set aside for the news media. THIS WILL REQUIRE CHECKING NEWS MEDIA MEMBERS FOR APPROVED NEWS MEDIA CREDENTIALS AND REQUIRING THEM TO WEAR THESE CREDENTIALS ON THEIR OUTERMOST GARMENT.

Officers shall direct questions relative to credentials to the ranking supervisor at the scene or an OMR representative. It is the responsibility of all news media personnel to clearly display their media credentials at emergency scenes or special events. Failure to do so can cause the police to request that person to leave the restricted area immediately.

Sec. 8.1 RULE 200 ADDENDUM A – HOSTAGE AND BARRICADED SUSPECT SITUATIONS: In order to bring hostage and barricaded suspect situations to a successful conclusion, protect the constitutional rights of accused persons and cooperate with media efforts to obtain and disseminate factual information, the media and the department must adhere to established procedures. In any hostage or barricaded situation the media will:

Collectively designate a ground level pool camera and one pool helicopter camera for shared coverage. The Department’s Chief Hostage Negotiator reserves the right to exclude aerial coverage if he/she deems it hazardous to the situation;
Refrain from airing critical ground or aerial videotape until the situation has been resolved;
Refrain from interfering with the negotiation process. This includes contacting, by any means, suspects or other persons involved in the situation without the guidance of the Chief Hostage Negotiator.

In any hostage or barricaded situation the Department may, under the direction of the Chief Hostage Negotiator:

Provide the ground level camera man, accompanied at all times by an officer from OMR, a location within the inner perimeter;
Provide frequent informational reports during the incident, as well as access to critical personnel after the incident;
Provide a media station in the outer perimeter of the incident where reporters can obtain information safely during the incident without interfering in the tactical operations. Provided information shall include live remote stand-ups, interviews and informational updates without including deployment information or video footage concerning tactical operations.

Sec. 9 OMR NOTIFICATION: Officers shall direct all requests for information and interviews to the OMR. Duty Supervisors, on-scene Supervisors, and Supervisors assigned to the Operations Division shall make every effort to get pertinent information on any unusual (newsworthy) incident/arrest to OMR as soon as possible. This will allow the OMR to disseminate the facts to the media in a timely manner while removing this obligation from other Districts/Units, which are receiving similar requests.

In addition, an OMR representative is always on call. Officers shall contact the on-call Media Relations Officer through the Operations Division for major incidents occurring during hours when the Office is closed. The highest-ranking Superior Officer on scene shall make a determination as to whether or not an incident is classified as major.

The following types of incidents require notification of the Office of Media Relations by the Operations Division:

An incident involving a potential Civil Rights Law violation. Information shall be released only with the approval of the Superintendent of the Bureau of Investigative Services or his/ her designee.
An on-going trial or upcoming court case, Department policy, hiring practices, deployment of personnel, internal investigations of Department personnel or any legal matter or potential legal matter. Information shall be released only after clearance by the OMR in consultation with the Legal Advisor, when applicable.
Homicide or serious shooting or stabbing.
Homicide with multiple victims.
Suicide in a district cell.
Multiple deaths (motor vehicle accident, fire, etc.).
Police officer shot.
Police officer seriously injured.
Police officer involved in a shooting.
Police officer involved in a serious IAD incident.

Sec. 10 RELEASE OF ROUTINE INFORMATION: When OMR is closed, and the incident is of a routine nature, such as a Part One Crime (except a Sexual Assault), the basic information, except for information outlined in Sections 3 and 4, may be given to members of the media by the Duty Supervisor or Senior Officer of the Operations Division. Any information given to the media from the Duty Supervisor or Senior Officer of the Operations Division must be forwarded to OMR.

If necessary on routine police matters in order to answer a legitimate request for information that may be released, the Operations Duty Supervisor will call the Unit or District involved, obtain the information and call the news media back. In all cases OMR should be notified as soon as possible.

Sec. 11 REQUESTS FOR INTERVIEWS: The news media and members of the public frequently direct inquiries to the Department seeking interviews on a variety of general police subjects or to request a departmental member as a guest. The decision to release such information or to grant interviews will be made, according to the facts of each situation, by the OMR. This does not apply to requests for routine information discussed above in Section 10. If you are uncertain whether information requested by the media constitutes a “Request for Interview,” check with the OMR.

Only Command Staff members are authorized to speak on behalf of the Department. The Director of Media Relations or other Command Staff members may provide information of a factual nature to the media at a crime scene, as governed by this policy. If a Command Staff member speaks on camera or releases information to a newsperson, he/she must alert as soon as possible, the OMR, as to the content of the information given. Only ONE member of the Department’s Command Staff is authorized to speak at any one event or crime scene. Any investigative information released must be vetted by the Chief of the Bureau of Investigative Services or his/her designee.

Sec. 12 TOURS OF POLICE FACILITIES: Requests for tours of police facilities should be directed to the OMR for approval and assignment based upon the tactical and operational needs of the Department.

Sec. 13 ENDORSEMENT OF COMMERCIAL PRODUCTS: The Department does not endorse commercial products or allow its facilities to be used for such endorsements. Department personnel shall not make any endorsements of commercial products in their capacity as members of the Department without specific permission from the Police Commissioner.

Sec. 14 PARTICIPATION IN MOVIES, COMMERCIALS, ETC.: All requests for the use of Boston Police Department personnel and/or equipment in movies, documentaries, docudramas, commercials, advertisements, television shows, or similar projects must be cleared through the Director of Media Relations with approval from the Police Commissioner.

The Department will not normally grant permission for its equipment or police facilities to be used for television, motion pictures, or other similar productions. However, representatives from the news media may be allowed to operate their cameras and recording equipment inside police facilities only after authorization is given by the Director of OMR.

News media representatives have the right to be present outside police facilities at any time as long as they are not interfering with officers performing their duties.

William B. Evans
Police Commissioner

Rule 301 - Pursuit Driving

April 29, 2013

Section 1. Introduction
The Boston Police Department places the highest value on the lives and safety of its officers and the public they serve. Ever mindful of the responsibility this entails, the Department acknowledges that every officer’s duty to apprehend violators of the law will be tempered with the need to minimize the risk to officers and the public. It is the position of the Department that all law violators be apprehended whenever doing so can be accomplished without presenting an unwarranted risk of harm to the public or to the officer(s).

Section 2. Purpose
This rule is issued to establish guidelines and regulations for pursuit situations. It is effective immediately, superseding all previously issued rules, regulations, orders, and directives having to do with pursuits.

Generally, pursuit driving is not justified and is prohibited unless the occupants of the vehicle are known to be wanted for the commission or the attempted commission of a violent or life threatening felony or the vehicle is being operated in an erratic or dangerous manner which poses a threat of harm to the public if it is not stopped. The commission of any motor vehicle violation and/or operating a stolen motor vehicle, in themselves, are not sufficient to meet the above criteria.

The City of Boston is a highly congested urban area which generally precludes pursuit driving in a safe manner. Therefore, every effort shall be made to prevent a suspect vehicle from escalating a situation into one which requires a pursuit. Pursuit driving is only permitted in situations that represent a threat of harm to the public or the officers, if the suspect vehicle and/or occupants are not apprehended. The Department recognizes that it is better to allow a suspect to escape than to engage in a pursuit under conditions that unnecessarily jeopardize the safety of the public and the officer(s).

Section 3. Definitions:
For the purposes of this rule the following definitions will apply:

Sec. 3.1. BAPERN: Boston Area Police Emergency Radio Network. A system that allows the Boston Police Operations Division to communicate and coordinate all departments sharing BAPERN capability; these departments include various law enforcement agencies located in and around the City of Boston. Most importantly, BAPERN provides the Boston Police Department with the capability necessary to continue to control a pursuit which extends into other jurisdictions.

Sec. 3.2. Discontinuing a Pursuit: An officer informing the Operations Division that the officer is no longer engaged in pursuing a suspect vehicle and turning off the police vehicle’s emergency equipment (lights and siren) while simultaneously reducing the speed of the police vehicle to the posted speed, observing all motor vehicle and traffic laws, and disengaging from following the suspect vehicle.

Sec. 3.3. Authorized Police Emergency Vehicle: Includes Department cruisers, motorcycles, prisoner wagons, trucks, SUVs, Harbor Patrol water vessels, and any other mode of transportation recognized as a vehicle by the Massachusetts Registry of Motor Vehicles that are equipped with lights and sirens.

Sec. 3.4. Motor Vehicle Pursuit: A motor vehicle pursuit exists when an officer, in an Authorized Police Emergency Vehicle, with lights and sirens activated, actively attempts to apprehend occupants of a suspect vehicle in which the driver increases speed and/or takes evasive actions in an attempt to avoid apprehension.

Sec. 3.5. Primary Pursuit Unit: The first police unit that initiates a pursuit and continues as the first police vehicle in the pursuit.

Sec. 3.6. Secondary Pursuit Unit: The police unit that becomes involved as a backup to the Primary Pursuit Unit.

Section 4. Vehicle Surveillance Procedures:
Consistent with Department policy that a pursuit be avoided whenever possible, officers shall take the following steps whenever they have a suspect vehicle under surveillance that they seek to pull over:

Immediately notify the Operations Division that a suspect vehicle is under surveillance and report their call sign, the reason for the surveillance, the best possible description of the suspect vehicle and its occupants and its direction of travel and roadways being used;
Follow the suspect vehicle at a discreet and safe distance, constantly informing the Operations Division of the progress of the surveillance. Blue lights and siren shall not be utilized during the surveillance phase;
The Operations Division shall utilize all resources available to limit the mobility of the suspect vehicle before pursuit ensues. When possible, unmarked units should be summoned to take over the surveillance and follow the suspect vehicle until it stops and the suspect(s) can be approached on foot, or the suspect flees, and a pursuit ensues;
Blue lights and siren shall only be utilized after the suspect vehicle actively attempts to evade the police unit which is conducting the surveillance or accelerates and/or fails to stop after having been directed to do so.

Section 5. Pursuit Decision:
Sec. 5.1. Pursuit Situations: An officer shall refrain from engaging in a vehicle pursuit unless the officer reasonably believes that:

1. A felony involving serious bodily injury or death or a credible threat of serious bodily injury or death has been committed, or attempted, by an occupant of the vehicle, [According to Rule 303 Section 8, the suspects’ vehicle is not considered a deadly weapon] OR

2. An occupant of the vehicle is suspected of being illegally in possession of a dangerous weapon, or in possession of a dangerous weapon used to threaten, injure or kill another person, OR

3. An occupant of the vehicle poses an on-going immediate threat of serious bodily harm or death to another person.

Sec. 5.2. Pursuit Decision Factors: Officers and supervisors should always keep in mind that the decision to pursue a suspect vehicle is revocable. In making the determination to pursue a suspect vehicle, factors to be considered shall include, but are not limited to:

1. severity of crime/offense believed to have been committed by one or more occupants of the vehicle;

2. the risks of the pursuit to the officer, the public, and the suspect(s) versus the necessity to apprehend the suspect(s) should the vehicle not be stopped;
alternatives to pursuit;

3. whether the identity of the occupant is known to the point where later apprehension is possible;

4. driving skills of the officer and the performance capabilities of the pursuit vehicle and the vehicle being pursued;

5. type of area (residential, commercial, school zone; and the volume, type, speed and direction of vehicle traffic);

6. population density (including volume of and pedestrian traffic);

7. type of police vehicle (unmarked cruiser, marked cruiser, motorcycle);

8. time of day;

9. road and weather conditions;

10. officer(s) familiarity with the area;

11. speeds involved;

12. quality of radio communications;

13. secondary pursuit unit and other support available in the area to contend with the number of occupants upon a stop.

Section 6. Transmitting Information:
Sec. 6.1. Operations Division Notification: Whenever the operator of a vehicle fails to stop after having been directed to do so and an officer engages in a motor vehicle pursuit, he/she must immediately notify the Operations Division of the pursuit and the following:

1. The officer’s radio call sign

2. The officer’s current location

3. The offense or reason for the pursuit

4. The best possible description of the pursued vehicle including year, make, color, license plate number

5. The number of occupants, and their identity if known, descriptions (including age and clothing if possible) in case of a bailout

6. The known or suspected presence of any weapons in the vehicle as well as other threats or hazards

7. The direction of travel, roadway being used, and speed of the pursuit

8. If the pursuit is about to enter another jurisdiction

Sec. 6.2. Updates to Operations Division: This information must be continually updated throughout the pursuit, but if/as a Secondary Pursuit Unit joins the pursuit and is sufficiently close to the Primary Pursuit Unit, the secondary unit shall assume responsibility for pursuit updates to the Operations Division.

Section 7. Pursuit Control and Coordination:
Sec. 7.1. Operations Dispatcher Responsibilities:

1. Upon receipt of a transmission from a unit indicating he/she is engaged in a pursuit, the dispatcher has the primary responsibility for coordinating the pursuit.

2. The dispatcher shall designate the initiating unit as the Primary Pursuit Unit, order the frequency cleared, determine the best available Secondary Pursuit Unit, and deploy that unit to join the pursuit.

3. The dispatcher shall notify the Patrol Supervisor of the district where the pursuit is taking place and the Operations Division Supervisor as soon as practicable.

4. In the event the Patrol Supervisor has engaged him/herself as Primary or Secondary Pursuit Unit, the dispatcher will contact the closest available supervisor to take control of the pursuit.

5. Once a Secondary Pursuit Unit has joined the pursuit, the dispatcher shall establish and use that unit as the point of communications for the pursuit, unless the Primary Pursuit is a two-officer unit. This allows the Primary Pursuit Unit officer to devote full attention to driving.

6. The dispatcher shall closely monitor the progress of the pursuit and promptly relay pertinent information relative to location, route, hazards, descriptions, etc. to other units and supervisors (and adjacent districts/jurisdictions that may be impacted).

7. The dispatcher shall request the closest available Canine Team be deployed in the direction of the pursuit to assist at the termination point should it result in a flee on foot.

8. The dispatcher shall coordinate any support requested by the Pursuit Units or supervisor(s).

9. If a pursuit is entering the city from another jurisdiction or district, the dispatcher shall gather and convey all pertinent information to the district Patrol Supervisor of the district receiving the pursuit.

10. The dispatcher shall make a notification via BAPERN when outside agencies become involved or the pursuit leaves the city of Boston.

11. The dispatcher will communicate the order to discontinue the pursuit and confirm that all pursuit participants acknowledge the termination upon receiving such direction from either the Primary Pursuit Unit, the patrol supervisor, the Operations Division Supervisor or any superior officer of the department.

12. The dispatcher shall broadcast lookout information relative to the suspect vehicle and/or its occupants if officers lose sight of the suspect vehicle or the occupants flee on foot.

13. The dispatcher, where possible, shall remind officers that pursuant to MGL Chapter 89, Section 7B, they must stop at all stop signs and red lights while engaged in pursuit driving.

Sec. 7.2. Operations Division Duty Supervisor’s Responsibilities:

1. Upon notification of a pursuit, the Operations Division Duty Supervisor shall immediately familiarize him/herself with the details of the pursuit and ensure the management and control of the pursuit is assumed by the Patrol Supervisor.

2. If no justification for the pursuit is given by the initiating officer and the Patrol Supervisor has not yet assumed command of the pursuit, the Operations Division Duty Supervisor shall direct the discontinuance of the pursuit.

3. The Operations Division Duty Supervisor shall monitor the progress of the pursuit and in the event communications are lost with the Patrol Supervisor, temporarily assume responsibility for the management and control of the pursuit, including but not limited to making the decision to discontinue the pursuit when provisions of this directive call for such action.

4. The Operations Division Duty Supervisor shall ensure that the closest available Canine Team, whether BPD or other jurisdiction, be deployed in the direction of the pursuit to assist at the termination point should it result in a flee on foot. The Canine Team will be advised of the direction of the pursuit, information about the vehicle and occupant(s), threats and hazards, and weapons.

5. When a pursuit is about to enter another jurisdiction, the Operations Division Duty Supervisor shall ensure coordination with the other jurisdiction(s) and make the notification via a BAPERN to the appropriate jurisdiction or agency.

Sec. 7.3. Primary Pursuit Unit Responsibilities:

1. Upon deciding to initiate a pursuit, and providing the dispatcher with the information called for in Section 6 (Transmitting Information), the Primary Pursuit Unit officer shall engage emergency lights and sirens.

2. The Primary Pursuit Unit shall maintain radio communications with the dispatcher conveying pursuit status information until that role can be assumed by the Secondary Pursuit Unit, unless the Primary Pursuit Unit is a two officer unit.

3. The Primary Pursuit Unit shall maintain a distance behind the suspect vehicle that keeps the suspect vehicle in sight but at a sufficiently safe distance to safeguard the officer(s) in the event the suspect vehicle takes dangerous evasive action or stops quickly.

4. If at any time the Primary Pursuit Unit loses sight of the suspect vehicle he/she shall discontinue the pursuit, but may continue to search the area without emergency equipment engaged in accordance with all traffic laws.

Sec. 7.4. Secondary Pursuit Unit Responsibilities:

The Secondary Pursuit Unit will join the pursuit, maintaining a safe distance behind the Primary Pursuit Unit, and shall engage emergency lights and sirens.

Once the Secondary Pursuit Unit is in place in the pursuit, that unit will assume the responsibility for radio transmissions relative to the pursuit from the Primary Pursuit Unit, unless the Primary Pursuit Unit is a two officer unit.
The Secondary Pursuit Unit shall assume the primary position if the Primary Pursuit Unit must drop out of the pursuit, but he/she will not pass the Primary Pursuit Unit unless requested to do so over the radio by the Primary Pursuit Unit.

Sec. 7.5. Patrol Supervisor’s Responsibilities:

Once a Patrol Supervisor is assigned to a pursuit, he/she will be responsible for the management and control of the pursuit and post-incident management, unless relieved by a higher ranking officer via radio.
The Patrol Supervisor shall acknowledge acceptance of supervisory responsibility upon notice from the dispatcher that a pursuit has been initiated in the district. The supervisor may control the pursuit from a stationary point or drive toward the area of the pursuit utilizing emergency driving per Rule 302.

The Patrol Supervisor shall determine that the pursuit was initiated in accordance with the provisions of this Rule. Based on this determination and known circumstances, the supervisor shall either acknowledge his/her approval of the pursuit to the dispatcher or he/she shall order the pursuit discontinued.
The Patrol Supervisor shall continuously monitor radio transmissions relative to the pursuit, and assess risks brought on by the weather, visibility, pursuit speed, road conditions, vehicular and pedestrian traffic and other conditions to determine if the necessity of the pursuit continues to outweigh the risks to officers and the public and should be continued.
The Patrol Supervisor shall discontinue a pursuit if the pursuing officers are not adequately broadcasting sufficient information necessary to make informed decisions as to the continuance of the pursuit.
The Patrol Supervisor shall monitor the pursuit to ensure that only authorized units are participating in the pursuit.
The Patrol Supervisor shall determine the need for additional resources and coordinate support such as police units at the termination point of the pursuit to assist with arrests or a foot chase.
The Patrol Supervisor shall respond to the termination point of the pursuit, regardless of outcome to control police actions, provide supervision, support and guidance to pursuing officers, and to coordinate any search or follow-up of leads.
The Patrol Supervisor shall complete a Pursuit Report and submit it through the Duty Supervisor to the District Commander.

Sec. 7.6. All Pursuit Units – Requirements and Limitations:

Sec. 7.6.1 Applicable Statute: Officers shall conform to the provisions of Massachusetts General Law, chapter 89, Section 7B, and use the blue emergency lights and siren of their vehicle when engaged in a pursuit. Officers should be aware that the majority of Department motor vehicle accidents occur in intersections and with this in mind officers should use extreme caution while navigating through intersections. The applicable statute states:
“The driver of a vehicle of a fire, police, or recognized protective department, and the driver of an ambulance shall be subject to the provisions of any statute, rule, regulation, ordinance, or by-law relating to the operation or parking of vehicles, except that a driver of fire apparatus while going to a fire or responding to an alarm, or the driver of a vehicle of a police or a recognized protective department or the driver of an ambulance, in an emergency and while in performance of a public duty or while transporting a sick or injured person to a hospital or other destination where professional medical services are available, may drive such vehicle at a speed in excess of the applicable speed limit if he exercises caution and due regard under the circumstances for the safety of persons and property, and may drive such vehicle through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection if he first brings such vehicle to a full stop and then proceeds with caution and due regard for the safety of persons and property, unless otherwise directed by a police officer regulating traffic at such intersection.

The driver of any such approaching emergency vehicle shall comply with the provisions of section fourteen of chapter ninety when approaching a school bus which has stopped to allow passengers to alight or board from the same, and whose red lamps are flashing.”

Sec. 7.6.2. One-way Streets and Divided Highways: Officers shall take all necessary precaution to avoid operating a vehicle the wrong way on a divided roadway. This action is extremely dangerous and may result in tragedy. Nor should an officer pursue a vehicle the wrong way on a one-way street due to the risk of danger to the public and to the officer(s). If, however, facts and circumstances present themselves to require either action, the officer must be able to justify their actions and show that all possible safety for the public was taken into account.

Sec. 7.6.3. Use of Electronic Devices: Operators of pursuit vehicles shall not use MDT computers, cell phones or other hand-held electronic devices, excluding police radios, while engaging in a pursuit.

Sec. 7.6.4. Vehicle Defect: Pursuit units shall discontinue participation in a pursuit at any time when the officer becomes aware of a defect with his/her vehicle that could impact its safety and effectiveness as a pursuit vehicle.

Sec. 7.6.5. Unreasonable Speed: The Primary and Secondary Pursuit Units shall not, at any time, operate a Department vehicle at such a rate of speed or in such a manner as to cause the officer to lose control of a pursuit vehicle or otherwise endanger the public.

Sec. 7.6.6. Reckless and Hazardous Driving Maneuvers: Reckless and hazardous driving maneuvers by the suspect shall not be replicated by the pursuing officer.

Sec. 7.6.7. Vehicle Contact: Officers shall not use their police vehicle to deliberately make contact with a pursued vehicle.

Sec. 7.6.8. Vehicle Positioning: Officers shall not intentionally drive along side or in front of a pursued vehicle, unless authorized by a Patrol Supervisor.

Sec. 7.6.9. Roadblocks and Barricades: The use of roadblocks or the barricading of a roadway is justified and authorized only when the use of deadly force is justified, and it must be authorized by the Patrol Supervisor as a last resort to apprehend a suspected violent felon. Police vehicles used to barricade a roadway will have all emergency lights activated and they will be unoccupied and no one will be positioned behind them.

Sec. 7.6.10. Tire Deflation Devices: When it is operationally feasible and trained personnel are able to deploy tire deflation devices they may be used if authorized by Patrol Supervisor. Supervisors should be mindful of vehicle’s speed when determining whether to utilize tire deflation devices. No officer shall attempt to overtake a pursued vehicle in an attempt to put down a tire deflation device. No such device will be used to stop a vehicle with fewer than four tires.

Sec. 7.6.11. Firearm Discharge Prohibition: Please see Rule 303, Section 8.

Section 8. Discontinuance of Pursuit:
Department members shall discontinue a pursuit when conditions make it unreasonable to continue and/or when ordered to do so by any Superior Officer of the Boston Police Department. The same factors which were considered prior to engaging in a pursuit shall be continuously considered in determining whether or not to discontinue a pursuit once it has begun. The officer operating the primary pursuit vehicle shall be prepared to articulate the facts justifying any decision to initiate, continue and/or discontinue a pursuit. If there is a disagreement as to whether a pursuit should continue, the highest ranking officer shall make the determination. If there is a disagreement among supervisors of the same rank, the decision of the Operations Duty Supervisor shall prevail.

Sec. 8.1. Discontinuance Factors: Any number, or combination of factors may contribute to the unreasonableness of continuing a pursuit. Among them are the following:
The Primary Pursuit Unit loses sight of the suspect vehicle for more than 30 seconds.
The officer is failing to keep up with the suspect vehicle and/or it is too powerful to keep up with.
The pursuit enters a congested area making pursuit hazardous.
Visibility, weather, or road conditions have deteriorated.
The pursuit is entering a school zone with children near the roadway.

Sec. 8.2. Radio Notification: Each officer participating in a pursuit that has been discontinued shall acknowledge his/her discontinuance over the radio and give his/her location at the termination of the pursuit.

Sec. 8.3. Ceasing Suspect Pursuit: Pursuing officers shall not follow the suspect vehicle after the decision to discontinue the pursuit has been made.

Sec. 8.4. Reappearance of Suspect: In the event the suspect vehicle in a discontinued pursuit reappears, any decision to re-engage the pursuit will require the pursuing officer to justify a new pursuit. If the former pursuit was discontinued because of high risk factors, the officer must articulate how the risk has changed.

Sec. 8.5. Return to Regular Speed: Upon discontinuing a pursuit, officers shall immediately turn off their emergency lights and siren, return to posted speed limits.

Section 9. Pursuit Vehicle Considerations:

Sec. 9.1. Pursuit with Passengers Prohibited: Officers shall not engage in a pursuit when their vehicle is occupied by prisoners, suspects, complainants, witnesses or any other persons not on duty either as police officers for the City of Boston or for another law enforcement agency working with or assisting the Department. This restriction applies regardless of whether or not the passenger has signed a waiver of liability, i.e., “ride alongs.”
If the non-police passenger is not a suspect or prisoner, at the officer’s discretion and with the passenger’s agreement, the passenger may be discharged at a safe and secure location. The dispatcher should be advised of the location and a non-pursuit unit should be dispatched to retrieve the passenger.

Sec. 9.2.Unmarked Units: Department policy shall be that only Authorized Police Emergency Vehicles (as defined in this Rule) may lead a pursuit.

Whenever officers assigned to unmarked vehicles are following a suspect vehicle which then accelerates and/or fails to stop after having been directed to do so, the officers shall notify the Operations Division of the vehicle with which they are concerned, and after providing all information relevant to the suspect vehicle, may continue to follow such vehicle, but shall observe all motor vehicle laws until relieved by a marked unit. Upon being relieved by a marked response unit, the unmarked unit shall discontinue pursuit and follow at a safe distance.

Sec. 9.3. Personal Vehicles: Officers are strictly prohibited from using a personal or private motor vehicle to engage in a pursuit. An officer who witnesses the commission or attempted commission of a violent or life threatening felony or observes a vehicle being operated in an erratic or dangerous manner which poses a threat of harm to the public if it is not stopped shall, if they are in a personal or private motor vehicle, notify the Operations Division of the vehicle involved, its direction of travel and the crime involved. The officer may then, with the permission of the Operations Division, follow the vehicle but only if it is possible to do so in conformance to all traffic laws and without creating an undue risk of harm to the public or themselves.

Sec. 9.4. Motorcycle Units and other Vehicles: If a pursuit is initiated by a motorcycle unit, that unit may continue to pursue only until a marked cruiser assumes the role of Primary Pursuit Unit. If at any time, even the momentary risks associated with the pursuit become too great for motorcycle unit involvement, or if the motorcycle unit cannot be replaced within a reasonable time, the motorcycle unit shall discontinue the pursuit.

Emergency equipped Sport Utility Vehicles, pick-up and other trucks (marked or not) should be restricted from use as pursuit vehicles. Just as with motorcycles, when officers operating these vehicles initiate a stop that turns into a pursuit, they shall discontinue pursuit as soon as a marked cruiser assumes the role of Primary Pursuit Unit.

Section 10. Outside Law Enforcement Agencies Conducting a Pursuit in the City of Boston:
Sec. 10.1. Outside Law Enforcement Agency Notification to Boston Police Department: All federal, state and local law enforcement agencies conducting a pursuit in or about to enter the confines of the City of Boston, regardless of the primary jurisdiction of the roadway on which the pursuit is being conducted, are requested to notify the Boston Police Operations Division (preferably via BAPERN).

Upon notification, the Boston Police Department shall utilize BAPERN to coordinate and control all pursuits with the exception of those which may occur on the Southeast Expressway, Storrow Drive, or the Massachusetts Turnpike.

Sec. 10.2. Operations Division Notification: The agency conducting the pursuit will be requested to provide the Operations Division with the following information:
The identification of the unit in pursuit by call sign and the law enforcement agency to which it belongs;
The best possible description of the vehicle and its occupants;
The reason for the pursuit, especially the nature of the offense involved;
The direction of travel, an estimate of the speed of the suspect vehicle and the roadways being used.

Sec. 10.3. Radio Broadcast: When an outside agency pursuit enters the City of Boston, the relative information (the path of the pursuit, vehicle and occupant description) should be broadcast over the appropriate radio channel to inform officers in the proximity of the pursuit.

Sec. 10.4. Request for Information: The Operations Division Duty Supervisor shall initiate a request for relevant information immediately on being made aware of a pursuit conducted by an outside agency entering the City of Boston.

Sec. 10.5. Patrol Supervisor Notification. Upon being apprised of such pursuit, the Operations Division is to notify the Patrol Supervisor of the affected district and the Operations Division Duty Supervisor as soon as practicable.

The Patrol Supervisor of the affected district will acknowledge receipt of the information.

Sec. 10.6. Secondary Pursuit Unit: When a pursuit enters the City of Boston and there is only one pursuit unit from the other jurisdiction in pursuit, the Operations Duty Supervisor or the Patrol Supervisor may assign a Secondary Pursuit Unit. If the pursuit continues beyond the city, the Boston unit will discontinue the pursuit and the Primary Pursuit Unit will be notified, unless authorized by a supervisor to continue pursuit.
When a pursuit initiated in another jurisdiction enters the City of Boston, the role of Boston police officers in the actual pursuit will be limited to Secondary Pursuit Unit support. If the pursuing agency has two of its own units involved, Boston officers shall not pursue but rather shall monitor progress and respond to the pursuit termination point (if in the city) to assist with arrests. No other stop tactics (tire deflation, barricade) will be employed by Boston police officers.

Sec. 10.7. Pursuit Discontinuance: Any supervisor can discontinue a pursuit by Boston units participating in a pursuit initiated by an outside law enforcement agency.

While the Boston Police Department recognizes the statutory authority of outside law enforcement agencies to conduct fresh and continued pursuit into other jurisdictions (MGL Ch. 41, Sec. 98A), if the decision is made to terminate Boston Police participation in a pursuit, any outside agency which is involved in the pursuit shall be so advised of that decision and the reasons therefore.

Section 11. Pursuit into Other Jurisdictions:

Sec. 11.1. Operations Division Notification: When a pursued vehicle leaves the City of Boston the pursuing officers shall notify the Operations Division who shall transmit the information outlined in Section 3 via BAPERN to the police department having primary jurisdiction.

Sec. 11.2. Number of Units Determination: The Patrol Supervisor shall determine the number of units permitted to continue a pursuit into another jurisdiction. The Patrol Supervisor shall respond to the termination point of the pursuit.

Sec. 11.3. Pursuit of Felons Outside Jurisdiction: Boston police officers shall only pursue felons into other jurisdictions when the occupants of the vehicle are known to be wanted for the commission or attempted commission of a violent or life threatening felony.

Section 12. Pursuit Reports: The Patrol Supervisor who monitored the pursuit shall respond to the termination point of the pursuit and make an assessment of the scene. During this assessment if the officer(s) that initiated the pursuit are assigned to and working in a capacity for a Division/Unit out of the chain of command of the Patrol Supervisor, the Patrol Supervisor shall make contact with a supervisor from that Division/Unit if available and request he/she respond to the scene, and responsibility for the Pursuit Report Form (BPD Form 1647, revised 3/89) shall then belong to that supervisor. Prior to the end of his/her tour of duty, the Pursuit Report Form shall be submitted by the appropriate supervisor to the Commander of the District or Unit where the officer(s) is assigned, to the Chief of the Bureau of Field Services and to the Superintendent-In-Chief. The Supervisor shall detail the reasons for and the circumstances of the pursuit in the Pursuit Report. The District/Unit Commander shall evaluate and, if necessary, obtain reports from all Police Officers involved as to their compliance with each and every section of this Rule. In order to justify decisions with respect to any type of driving conduct, the officer operating the vehicle must be able to articulate facts supporting his or her decision. Completed evaluations will subsequently be submitted to the Chief of the Bureau of Field Services and the Superintendent-in-Chief.

NOTE: Rule Number 301, promulgated September 1974, revised in February 1982; revised in September 1999.

Edward F. Davis
Police Commissioner

Rule 302 - Emergency Driving

April 29, 2013

Sec. 1. Introduction:
The Department and its members are bound to respond to requests for assistance for service with as much dispatch as is reasonably possible. Emergency driving enables the police officer to respond more quickly than would normally be feasible to situations where a speedy response is a critical necessity. However, such driving and the hazards it entails should occur only when clearly justified by the nature of the need for service and made necessary by conditions at hand
that, without the use of emergency driving, would tend to render the police response ineffective. Every effort must be taken to ensure the safety of the public, as well as Department members, at all times. The benefits of a quick response – while important to the public – can be lost instantly if the risks associated with that response results in an aborted effort.

Sec. 2. Purpose:
This rule is issued to establish guidelines and regulations for emergency driving of authorized police emergency vehicles other than in pursuit situations. It is effective immediately, superseding all previously issued rules, regulations, orders, and other directives related to emergency driving.

The following rule is established so that all sworn personnel operating authorized Boston Police Department vehicles exercise due caution and due regard when engaging in an emergency driving situation. Only sworn personnel will operate Departmental vehicles in an emergency mode. It is recognized that “emergency driving” can become “pursuit driving” in a short amount of time and that officers need to react and operate vehicles accordingly, but never at the expense of safety. [See Rule 301 – Pursuit Driving.]

Sec. 3. Definitions:
For the purpose of this rule, the following definitions will apply:

Sec. 3.1. Authorized Police Emergency Vehicle: includes Department cruisers, motorcycles, prisoner wagons, trucks, SUVs, Harbor Patrol water vessels, and any other mode of transportation recognized as a vehicle by the Massachusetts Registry of Motor Vehicles that are equipped with lights and sirens.

Sec. 3.2. Code 3: Designation for emergency driving, using emergency lights and siren.

Sec. 3.3. Emergency Driving: refers to operation of an authorized police emergency vehicle, other than in pursuit, in excess of the legal speed limit and/or contrary to traffic signs and signals, with lights and sirens activated.

Sec. 3.4. Priority One Call: Calls for service in this category indicate that a police presence is needed at the scene of an incident. Immediate response to these calls is critical. Conditions that will define a call for service as a Priority One are:

Any apparent threat of life, any danger of serious physical injury, any major property damage, or any incident that may result in the same;
Any active felony or violent misdemeanor, or active incident that may result in either serious physical injury or major property damage or loss and any felony or violent misdemeanor that recently occurred (within 15 minutes), and there is a probability that a suspect(s) may be apprehended;
Any serious injury or illness that may result in substantial physical harm if police assistance is delayed;
Any domestic violence incident; or
Any incident involving exigent or unique circumstances that demands an immediate police response (i.e., sniper, explosive device, gas leak).

Sec. 3.5. Priority Two Call: Calls for service in this category indicate that a police presence is needed at the scene, but unlike a Priority One call, an immediate response is not critical.

Conditions that would classify a call for service as a Priority Two call are:

Any recent or active crime or incident that does not represent a significant threat to life and property, including but not limited to, a felony which has just occurred but without injury to the victim and the suspect(s) has fled the scene (longer than fifteen minutes);
Any in-progress incident that could be classified as a possible crime (e.g., suspicious person or vehicle, prowler);
Any property damage incident that represents a significant hazard to the free flow of traffic; or
Any incident that would require a prompt, but non-emergency response.

Sec. 3.6. Priority Three or Lower Call: Calls for service in these categories indicate that some type of police response is needed but could be delayed for a period of time without adverse effect. Conditions that would classify a call for service as a Priority Three or lower priority call (priority 4-9) are:

Any non-active crime or incident that does not require an immediate investigation (i.e., a B&E that was not recently committed, but which is being reported at this time);
Any incident that involved non-emergency and/or non-criminal services; or
Any other incident that is no longer active, yet due to its nature, cannot be responded to by phone.

Sec. 4. Operation of Emergency Vehicles Law:
Sec. 4.1. Legal Considerations: Chapter 89, Section 7B of the Massachusetts General Laws, Operation of Emergency Vehicles, states that:

“The driver of a vehicle of a fire, police or recognized protective department, and the driver of an ambulance shall be subject to the provisions of any statute, rule, regulation, ordinance, or by-law relating to the operation or parking of vehicles, except that a driver of fire apparatus while going to a fire or responding to an alarm, or the driver of a vehicle of a police or recognized protective department or the driver of an ambulance, in an emergency and while in performance of a public duty or while transporting a sick or injured person to a hospital or other destination where professional medical services are available, may drive such vehicle at a speed in excess of the applicable speed limit if he exercises caution and due regard under the circumstances for the safety of persons and property, and may drive such vehicle through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection if he first brings such vehicle to a full stop and then proceeds with caution and due regard for the safety of persons and property, unless otherwise directed by a police officer regulating traffic at such intersection.”

NOTE: Officers should take all necessary precaution to avoid operating a vehicle the wrong way on a divided roadway. This action is extremely dangerous and may result in tragedy. Nor should an officer pursue a vehicle the wrong way on a one-way street due to the risk of danger to the public and to the officer(s). If, however, facts and circumstances present themselves to require either action, the officer must be able to justify their actions and show that all possible safety for the public was taken into account. Officers should also be aware that the majority of Department motor vehicle accidents occur in intersections and with this in mind officers should use extreme caution while navigating through intersections.

Sec. 4.2. Examples of allowable emergency driving tactics. While officers shall exercise the utmost caution when entering any intersection, regardless of controls and signals, while engaged in emergency driving, the following are examples of allowable emergency driving tactics:

Passing a red stop signal or stop sign only after coming to a FULL STOP as required by statute.
When entering a multi-lane intersection against a red stop signal or stop sign, proceeding through the intersection one lane at a time.
Slowing down at all other intersections and yield signs, proceeding only when the intersection is safe to enter.

Sec. 5. Emergency Driving Response to Calls for Service:
Sec. 5.1. Responsibilities of Officers:
Sec. 5.1.1. Priority One. An officer receiving a Priority One call for service may utilize emergency driving after acknowledging receipt of the call to the Dispatcher.

Sec. 5.1.2. Priority Two and lower. An officer receiving a Priority Two or lower call for service may utilize emergency driving, but must communicate this intention to use emergency driving to the Dispatcher by indicating that they are responding “Code 3”.

Sec. 5.1.3. Self Initiated Call for Service. It is understood that an officer may temporarily use emergency driving (particularly lights and sirens) for traffic stops as well as during “on-site” incidents. In these cases, it is not necessary for the officer to communicate the use of lights and sirens to the Dispatcher. If however, the temporary emergency driving turns into “pursuit driving,” the officer will immediately notify dispatch and follow the procedures outlined in Rule 301.

Sec. 5.2. Responsibilities of the Dispatcher:
It is the responsibility of the Dispatcher in such situations to:

1. State the Priority Level of the call;
2. Make the officer aware of any unusual or hazardous traffic conditions reported in
the area; and
3. Make the officer aware of any risks or additional details that might impact officer safety, as well as any changes in circumstances.

Sec. 5.3. Responsibilities of Supervisor. Supervisors in the field shall monitor all dispatched Priority One calls to which their officers are dispatched to ensure the response strikes a balance between the priority of the call and the risks to the public and responding officer(s).

Sec. 5.4. Upgrading/Downgrading Emergency Response: An emergency response may be upgraded or downgraded by the responding officer, the Patrol Supervisor, or the Dispatcher.
Any disagreement as to the level of response shall be resolved by the highest ranking officer. In the event of a disagreement between district’s Patrol Supervisor/ Duty Supervisor and the Operations Duty Supervisor, the judgment of the Operations Duty Supervisor shall prevail.

Sec. 5.4.1. Upgrading / Downgrading by Officer:
Anytime an officer elects to engage in emergency driving when responding to a lower priority call, the elevated response and the reason justifying it shall be articulated to the Dispatcher. Dispatchers can then direct an appropriate response level and number of officers. This also offers the appropriate supervisor
the opportunity to weigh in on the appropriateness of response. Any downgrading of a call by an officer because of information he/she possesses, should also be transmitted to the Dispatcher.

Sec. 5.4.2. Upgrading / Downgrading by Supervisor:
Supervisors should authorize adjustments to the response if conditions known to the supervisor about the call (traffic, weather, etc.) justify upgrading or downgrading the response. Supervisors should continue to monitor the call and further adjust the response, as needed as the call evolves, and ensure responders arrive or terminate response as directed.

Sec. 5.4.3. Upgrading / Downgrading by Dispatcher:
Dispatchers should be guided by several considerations as they determine the appropriateness of a modified response level. Public and officer safety are paramount when making these decisions. It is the Dispatcher’s obligation to convey information to responders and supervisors about risks, weapons, suspects and other details that impact officer safety. This information will also help officers determine the actual exigency of the call. The Dispatcher must consider the following prior to making a decision on whether to upgrade or downgrade the response:

Are violent acts ongoing?
Is there still an immediate threat of danger?
Are suspects still on the scene?
Are the identities of suspects known?

Sec. 5.5. Suspension of Emergency Driving:
If an officer using emergency driving in response to a call for service is notified by the Dispatcher or supervisor that his/her emergency response is no longer authorized, he/she shall cease emergency driving immediately and proceed within the legal speed limit and in compliance with the rules of the road, without lights or sirens activated. Emergency response discontinuance can be ordered by the officers responsible for the call, the Dispatcher or the field supervisor. Any momentary disagreement should be resolved by the field supervisor. If at any time during an emergency response, an officer determines a tactical advantage would be gained by turning off lights and sirens, the officer must obey all traffic laws.

Sec. 5.6. Occupied Vehicle:
Officers shall not engage in emergency driving if the authorized police emergency vehicle is occupied by any person(s) other than sworn or otherwise
authorized law enforcement personnel.

Sec. 6. Weather and Environmental Conditions:
The officer engaged in emergency driving must be constantly aware of environmental, weather and traffic conditions and their effect upon the propriety of high speed operation. His/her speed and the general manner in which he/she operates the emergency vehicle must reflect cognizance of such conditions. An officer shall terminate emergency driving in the event that he/she can no longer control the situation, or the speed of emergency operations in relation to road conditions, or when the risk to citizens outweighs the urgency of the emergency. After terminating emergency driving for reasons stated in this section the officer(s) shall immediately notify the Dispatcher.

Sec. 7. Deference to Other Emergency Vehicles:
An officer not engaged in emergency driving shall yield to another emergency response unit (i.e. fire, ambulance) that is in emergency response mode. While in emergency operation, an officer shall not pass another emergency response unit that is making an emergency run in the same direction as the officer, unless the operator of the first vehicle pulls over and yields for the officer to proceed.

Sec. 8. Training:
The Academy shall maintain and update the emergency driving curriculum. All sworn personnel shall complete the training curriculum.

Edward F. Davis
Police Commissioner

Rule 303 - Use of Deadly Force

May 19, 2021

Statement on Use of Force: The Boston Police Department is committed to de-escalating incidents to negate the need for the use of force. When force is necessary the Boston Police Department is committed to using only the amount of force that is reasonably necessary to overcome the resistance offered. The Boston Police Department is equally committed to preventing unnecessary force, ensuring accountability and transparency, and building trust with our community. The Boston Police Department respects the inherent life, liberty, dignity, and worth of all individuals by preserving human life, and minimizing physical harm and the reliance on use of force.

Pursuant to An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth (Chapter 253 of the Acts of 2020) Section 30 (14) (a,b,c):

a. “A law enforcement officer shall not use physical force upon another person unless de-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances and such force is necessary to:

Effect the lawful arrest or detention of a person;
Prevent the escape from custody of a person; or
Prevent imminent harm and the amount of force used is proportionate to the threat of imminent harm:
- Provided, however, that a law enforcement officer may use necessary, proportionate and non-deadly force in accordance with the regulations promulgated jointly by the POST Commission and the municipal police training committee (and taught at the Boston Police Academy).

b. A law enforcement officer shall not use deadly force upon a person unless de-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances and such force is necessary to prevent imminent harm to a person and the amount of force used is proportionate to the threat of imminent harm.

c. A law enforcement officer shall not use a chokehold. A law enforcement officer shall not be trained to use a lateral vascular neck restraint, carotid restraint or other action that involves the placement of any part of law enforcement officer’s body on or around a person’s neck in a manner that limits the person’s breathing or blood flow.”

The Boston Police Department is committed to de-escalation tactics pursuant to MGL Chapter 6E Section 1:

“De-escalation tactics”, proactive actions and approaches used by an officer to stabilize a law enforcement situation so that more time, options and resources are available to gain a person’s voluntary compliance and to reduce or eliminate the need to use force including, but not limited to, verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, creating distance between the officer and a threat and requesting additional resources to resolve the incident, including, but not limited to, calling in medical or licensed mental health professionals, as defined in subsection (a) of section 51½ of chapter 111, to address a potential medical or mental health crisis.

When tactically safe and feasible, officers should give verbal warnings or commands when deadly force is going to be used. In some cases there may not be an opportunity to give verbal warnings or commands.

Duty to Intervene:

Police officers are reminded of Rule 113 Public Integrity Policy, Sec. 5 Cannon of Ethics, Number Nine; and
An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth (Chapter 253 of the Acts of 2020) Section 30 (15) (a,b):

a. “An officer present and observing another officer using physical force, including deadly force, beyond that which is necessary or objectively reasonable based on the totality of circumstances, shall intervene to prevent the use of unreasonable force unless intervening would result in imminent harm to the officer or another identifiable individual.

b. An officer who observes another officer using physical force, including deadly force, beyond that which is necessary or objectively reasonable based on the totality of the circumstances shall report the incident to an appropriate supervisor as soon as reasonably possible but not later than the end of the officer’s shift. The officer shall prepare a detailed written statement describing the incident consistent with uniform protocols. The officer’s written statement shall be included in the supervisor’s report.”

INTRODUCTION
This rule is issued to provide guidelines and regulations governing the use of deadly force by members of the Department, to ensure the safety of our police officers and the public, and to establish procedures for the orderly investigation of firearm discharges. Its provisions are effective immediately, superseding all previously issued rules, regulations, orders, bulletins and directives regarding the use of deadly force by Boston police officers.
In the establishing of these regulations it is understood that they will not likely cover every conceivable situation which may arise. In such situations officers are expected to act with intelligence and sound judgment, attending to the spirit of the rule. Any deviations from the provisions of Sections 5, 6, 7, or 8 of this rule shall be examined on a case by case basis.

Note: Weapons and ammunition coming into the custody of Police Department personnel shall be handled in accordance with the provisions of Rule No. 311, Procedures for the Firearms Analysis Unit.

Sec. 1 Definitions: For the purpose of this rule, the following definitions will apply:

Deadly Force is that degree of force likely to result in death or great bodily injury. The discharge of a firearm toward a person constitutes the use of deadly force even if there is no express intent to cause great bodily injury or death.
Great bodily injury means bodily injury which creates a substantial risk of death or which is likely to cause serious injury, permanent disfigurement or loss, or extended impairment of the function of any bodily member or organ.

Immediate danger of death or great bodily injury includes circumstances under which (1) such a danger exists in reality, or (2) such a danger is apparent, and the officer is unable to affirm or disaffirm its actual existence.

Prudence means using cautious, discreet or shrewd action and having due regard for the rights of citizens while maintaining an awareness of the responsibilities of acting as a police officer.
Reasonableness is moderate and/or fair action within reason, suitable to the confrontation.
The Investigating Officer in Charge (IOIC) is the Detective Superior Officer of the Firearm Discharge Investigation Team so designated by the FDIT Incident Coordinator and assigned to investigate the facts of the incident and to determine if the use of deadly force was justifiable.

Sec. 2 General Considerations: The primary purpose for which a sworn member of the Department is issued a firearm and trained in its use is the protection of life and limb, both theirs and that of every other person needing such protection. Although the firearm is a necessary weapon for present-day policing, it’s potential to inflict death or great bodily injury mandates that it be used within clearly-defined limits. This rule establishes those limits.

In the interests of personal safety, police officers must seek to gain and maintain a tactical advantage over persons known or suspected to be armed. Officers seeking to maintain the advantage over a subject suspected of being armed are in a difficult position; they must be prepared to use a firearm should it be necessary, yet show the restraint required to ensure the propriety of their actions.
The situation demands the utmost ability to think clearly, quickly and decisively and to use the firearm in a safe and effective manner.

The Boston Police Department recognizes its legal duty to protect the rights of all individuals to due process of law and a fair trial. Its members are thereby bound to refrain from any use of force that unnecessarily tends to administer punishment at the hands of a police officer. The responsibility for punishment of criminal offenders rests solely with duly constituted courts of law and penal institutions and is by no means extended to the police.

Sec. 3 Training and Qualification: Police officers in this Department will be held accountable for profici

Rules & Procedures

Rule 100 - Territorial Jurisdiction

Rule 100A - Area Boundaries

Rule 101 - Organizational Structure

ORGANIZATIONAL STRUCTURE

Rule 102 - The Conduct and General Rights and Responsibilities of Department Personnel

Rule 103 - Police Officer

Rule 103A - Police Officers Assigned To Department Motor Vehicles

Rule 103B - Sworn Personnel Assigned to Traffic Duty

Rule 103C - Police Officers Assigned To The Mounted Unit

Rule 103D - Police Officer Assigned To The Canine Unit

Rule 103E - Police Officers Assigned To Harbor Patrol-Harbor Master

Rule 103X - Police Cadets

Rule 104 - Sergeants

Rule 104A - Patrol Supervisors

Rule 105 - Lieutenants

Rule 106 - Duty Supervisor

Rule 107 - Area Commander

Rule 108 - Department Hearing Officer

Rule 109 - Discipline Procedure

Rule 109A - Mediation Program

Rule 110 - Absence From Duty

Rule 111 - Substance Abuse Policy

Rule 112 - Defining Departmental Written Directives

Rule 113 - Public Integrity Policy

Rule 113A - Bias-Free Policing Policy

Rule 113B - Transgender Policy

Rule 114 - Harassment Policy

Rule 200 - Critical Incident Management

Rule 201 - Boston Police Department Homeland Security Advisory System

Rule 202 - Picketing, Strikers And Labor Disputes

Rule 203 - Handling Of Accident Victims And Emergency Medical Cases

Rule 203A - Processing and Executing Applications for Involuntary Hospitalization and Warrants of Apprehension

Rule 204 - Procedures To Follow In Sexual Assault Cases

Rule 205 - Death Investigation

Rule 206 - Improvised Explosive Devices (IED)

Rule 300 - Office Of Media Relations - Release Of Official Information

Rule 301 - Pursuit Driving

Rule 302 - Emergency Driving

Rule 303 - Use of Deadly Force