Resolution No. 85751
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ADOPTING RIFLE AND TASER
DEPLOYMENT POLICIES FOR THE VERNON POLICE
DEPARTMENT`
WHEREAS, it is the policy of the City of Vernon to protect
the constitutional rights of all citizens regardless of their race,
color, ethnicity, disability, gender or religion; and
WHEREAS, the Vernon Police Department has developed
guidelines regarding the use of Colt M16A2/M4 rifles and Taser X26
devices by police officers, which guidelines will eventually be
incorporated into an updated Manual of Policy, Ethics and Procedure of
the Police Department; and
WHEREAS, on October 20, 2004, the Personnel Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Personnel, dated October 13, 2004, that the Colt M16A2/M4 Rifle
Deployment Policy and the Taser X26 Deployment Policy be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and adopts the Colt M16A2/M4 Rifle Deployment Policy, a copy
of which is attached hereto as Exhibit A and incorporated by
Ireference.
SECTION 3: The City Council of the City of Vernon hereby
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Approves and adopts the Taser X26 Deployment Policy, a copy of which is
attached hereto as Exhibit B and incorporated by reference.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of October, 2004.
LEONIS C. MALNURG, Mayor
ATTEST:
y
BRUCE V. MALKENHORST; City Clerk
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8575, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, October 20,
2004, a-nd thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
COLT M16A2/M4 RIFLE DEPLOYMENT
PURPOSE
The purpose of the General Order is to establish guidelines regarding the deployment of the
Colt M16A2/M4 rifles.
POLICY
The Vernon Police Department authorizes the use of Colt M16A2/M4 rifles for its police
officers. The rifles may be deployed in each marked and unmarked police unit as tactical
weapon to enhance the safety of officers. Departmental personnel shall use the weapon in
conformance with the guidelines of this policy, the Department training program, the Use of
Firearms and the Use Force Policy as specified in the Departmental General Orders.
TRAINING AND CERTIFICATION
Personnel who have successfully completed a departmentally approved rifle -training course
will be authorized to deploy the rifle. A certified rifle instructor will conduct annual rifle re-
certification.
PATROL AND UNMARKED UNIT STORAGE
The rifle shall be carried in the locked storage rack of the patrol and unmarked unit. If carried
in an unmarked unit without a storage rack, it shall be carried in an approved carrying case,
locked in the trunk of the unit. It shall be carried with an empty chamber and a loaded 18-
round magazine in place in the magazine -well. The rifle shall be carried with the fire selector
switch in the "safe" position.
REMOVAL /STORAGE AND MAINTENANCE OF RIFLES
Only those sworn personnel who have been trained in the proper inspection techniques and use
of the rifles are authorized to handle one. Vernon Service Officers and other City employees
are not authorized to handle the rifles. No supervisor shall direct non -sworn personnel to
remove or replace rifles in units or direct them to move them from one location to another.
In the event a unit needs to be serviced, the officer assigned to the unit shall notify the on -duty
supervisor of the need to remove the rifle. Supervisors are ultimately responsible for ensuring
that no unit is sent to the garage for service or to any other outside vendor, with a rifle still in
the rack or in the trunk of an unmarked unit. If a rifle is essential to the work being done, the
supervisor shall use his discretion in determining the best course of action. In any such case,
the loaded rifle magazine shall be removed from the rifle and placed in the armory room.
In the event that a unit arrives at the garage for service and the rifle has not been removed (i.e.
a dead battery prevents the rifle lock from being released) the on -duty supervisor will be
notified by garage personnel when the rifle can be removed. The supervisor will then follow
the existing procedure for the removal and storage of the rifle.
All rifles will be stored unloaded, the bolt shall be open and the magazine removed. Only
certified range personnel are authorized to conduct repairs, adjustments, or modification to
department rifles.
WEAPON INSPECTION
It is the responsibility of every officer and supervisor to conduct a proper inspection of the
rifle. Departmental personnel shall inspect the rifle during the pre -shift vehicle inspections.
When inspecting the rifle, visually check to ensure the fire selector switch is in the "safe"
position. Check to see if there are any obvious problems or damage to the weapon. If the
weapon is not on "safe, " move the selector switch to the "safe" position. If the rifle is not
functioning properly or damaged, personnel shall notify the on -duty supervisor without delay
for a replacement rifle. The on -duty supervisor will ensure that the rifle is unloaded, tagged as
"repairs needed," and placed in the armory room. The on -duty supervisor will ensure that the
range master is notified of the damaged rifle.
If the rifle selector switch will not move to the "safe" position, this indicates that the hammer
is forward and trigger has previously been depressed. The weapon may or may not have a live
round in the chamber. Use extreme caution in removing the rifle for further inspection.
Following training guidelines, grasp the rifle by the forestock and rotate it forward out of the
rack and pull the rifle toward the open driver's door (passenger door if a two person unit and
passenger officer conducting inspection) rotating the weapon to a muzzle down position using
care that the muzzle of the rifle does not point at any part of the body or at persons outside the
vehicle. Upon rotation, the muzzle should be facing the ground in a safe position. With the
safety on, insert the muzzle of the rifle into the safety barrel (available in the parking area).,
Remove the magazine from the magazine -well and secure it. The muzzle shall be pointed
towards the ground when it is carried to and from the safety barrel.
Pull the charging handle to the rear and lock the bolt back. Inspect the chamber and magazine
well, visually and by feel ensuring there is nothing in the chamber. Release the bolt on an
empty chamber, reinsert the magazine, recheck the "safe" position on the fire selector switch
and place the rifle back in the rack. Following a proper inspection, all rifles shall be secured
in the unit rifle rack, with the safety engaged, chamber empty and loaded magazine in the
magazine -well.
TACTICAL DEPLOYMENT
The patrol rifle is a tactical weapon for use in any situation where the circumstances suggest
the rifle will give the officer the advantage in controlling, maintaining or responding to a
potential dangerous event. The following are examples of situations warranting deployment:
1. When the officer feels the need for lethal force may be present at a level which is
greater than that provided by the duty handgun or shotgun.
2. Where the distance to the threat is greater than the ability to deliver lethal force with
accuracy through the use of a handgun.
3. Where the suspects are wearing body armor or other shielding material.
Although the above are but a few examples of when deployment may be warranted, officers are
reminded that common sense and constant conscientiousness of their safety and the safety of
the service population will also dictate the appropriate deployment of the rifle.
CARRYING THE TACTICAL RIFLE
All officers shall carry the weapon pursuant to the guidelines of Department training. In
general, the rifle will be carried in the "slung position" with the muzzle pointed down.
Movement of officers carrying the rifle shall be in accord with the tactical training provided by
the Department. Constant attention must be made as to not point the weapon at anything you
are not ready to fire upon.
TACTICAL MOVEMENT - TARGET ACQUISITION
Officers shall conduct searches and move with the weapon in accord with the tactical training
guidelines of the Department. While conducting searches or approaching situations where a
threat may be present, the weapon must be "charged" by placing a round in the firing
chamber. Once the weapon is "charged," the weapon selector switch may be moved from the
"safe" to the "fire" position. Officers should keep their finger off the trigger until they have
target acquisition and are prepared to fire.
CLEARING AFTER TACTICAL MOVEMENT
Upon completion of a search or clearing a threat, return the fire selector switch to the "safe"
position. Keep the weapon in the muzzle down position and remove the magazine from the
magazine -well. Once the magazine has been removed, keep the weapon in the muzzle down
position and pull the charging handle to the rear to remove the live round from the chamber.
Visually and by feel inspect the chamber and magazine -well to ensure it is clear of any rounds.
Release the bolt on an empty chamber, place the live round back into the magazine and then
reinsert the magazine into the magazine -well. Place the weapon back in the rifle rack following
the department training guidelines.
AMMUNITION
The department will provide all ammunition used in the Colt M16A2/M4 rifles. Only
Department authorized ammunition will be used in the rifles.
PROFICIENCY
Personnel authorized to deploy the Colt M16A2/M4 rifle will demonstrate his/her proficiency
with the rifle to a Department certified rifle instructor during the re -certification period.
Personnel who fail to qualify with the rifle shall not carry the weapon until he/she qualifies.
Personnel who fail to qualify shall notify the on -duty supervisor of the officer's failure to
qualify. The on -duty supervisor shall make arrangements with the certified rifle instructor to
provide re -medial training.
EXHIBIT
m
TASER X26 DEPLOYMENT POLICY
PURPOSE
The purpose of this General Order is to establish guidelines regarding the use of the Taser X26
devices.
DEFINITIONS
Taser X26-- A conducted energy weapon that propels wires to conduct energy that affect the
sensory and motor functions of the central nervous system. It uses an Electro-Muscular
Disruption (EMD) system, which overrides the Central Nervous System and takes control of the
skeletal muscles by contracting the muscles. The probes are connected to the weapon by high -
voltage, insulated wire. When the probes make contact with the target, the Taser X26 transmits
electrical pulses along wires and into the body of the target. The Taser X26 has an integral
laser sight. ,
Air Cartridge - A removable plastic cartridge containing two probes, wires, compressed
nitrogen charge, and up to forty small AFID tags. (The AFID tags are small plastic disks that
can be traced to the purchaser).
Probes - Small metal cylinders with a barbed point. The probes are used to transmit the
electrical pulses into the target's body.
ISSUANCE OF THE TASER X26
Departmental personnel shall only carry and use Taser X26 issued by the Department.
Members may only use Department issued Taser X26 cartridges. A record of cartridge serial
numbers provided with each weapon will be maintained in a logbook that corresponds to that
specific weapon. The logbook is to be maintained by the on -duty supervisor. This logbook
shall be audited by one of the Department's designated Taser X26 instructors.
TRAINING AND CERTIFICATION
Only personnel who have attended the Taser Instructor's course shall conduct training on the
use of the Taser X26. Only personnel who have successfully completed a departmentally
approved training course in the proper use and care of Taser X26s, which includes a written
examination and practical tests, shall be authorized to deploy them. User certification is valid
for one year. Department instructors shall conduct annual re -certification. The Training
Division will maintain initial training and re -certification records.
MAINTENANCE
The Taser X26 is a sensitive electronic product and costly device. It shall be carried in a
protective holster. Care should be taken to avoid dropping the Taser X26 and to assure it is
adequately secured_ while being transported.
Personnel shall be responsible for maintaining the device. During pre -shift equipment
inspections, personnel shall conduct the following:
Personnel shall test the Taser X26 battery strength to ensure a proper charge, in addition
to conducting a visual examination of the device. This will be accomplished by the
officer activating the weapon's laser sighting device. When checking the batteries, the air
cartridge must be removed. A blinking red LED light indicates the batteries are good.
Otherwise, replace the batteries.
2. Personnel shall store the Taser X26 and extra cartridges in the issued holster or case
when not in use. Extra cartridges should not be carried in pockets due to the risk that
static electricity could cause an unintentional discharge of the cartridge.
3. The Taser X26 and holster shall be worn only on the opposite side of the officer's
handgun. Officers shall keep at least two extra cartridges with the Taser X26.
4. Personnel shall check the air cartridge expiration date during pre -service equipment
inspections. If the air cartridge needs to be replaced, personnel shall contact the on -
duty supervisor for a replacement cartridge.
5. The faceplate of the Taser X26 air cartridge is secured to the air cartridge body. Direct
sunlight, heat, or pressing on the faceplate, may cause the cover to disengage from the
air cartridges. If the cartridge faceplate appears damaged, personnel shall contact the
on -duty supervisor for a replacement cartridge.
6: Certified Taser X26 instructors shall inspect all department Taser X26 weekly. The
instructor shall make an entry in the Taser X26 logbook indicating the date of the
weekly inspection. The instructors shall inspect the visual condition of the device, in
relation to its apparent serviceability. The laser -sighting device shall also be operated in
order to verify that sufficient battery charge is present and the weapons electrical
circuitry is operating properly.
2
USE OF THE TASER X26
Only properly functioning and charged Taser X26s shall be carried in the field. The Taser
X26 shall be used in conformance with the current Use of Force policy. The Taser X26 is a
less lethal weapon and is not a substitute for deadly force. The Taser X26 may be used in
those situations where:
1. The subject is threatening himself; an officer, or another person with physical force and
other means of controlling the subject are unreasonable or could. cause injury to the
officer(s), the subject(s), or others.
2. In cases where officer/subject factors indicate the officer(s), offender(s), or others
would be endangered by the use of force.
3. Other means of lesser or equal force have been ineffective and the threat still exists to
the officer(s), subject(s), and others.
USE OF FORCE WARNING'
A verbal warning shall be given, when feasible, to a subject before any device that poses a
"signif icant risk of serious injury," is utilized. The warning is not required when an officer is
attacked and must respond to the subject's actions. Additionally, if a tactical plan requires the
element of surprise in order to stabilize the situation, a use of force warning should not be
given. The verbal warning and who gave it or the reason it was not given shall be documented
on the arrest or incident report.
DEPLOYMENT AND TACTICAL CONSIDERATIONS
If at all possible, prior to the deployment of the Taser X26, the officer utilizing such less lethal
weapon should declare its use verbally. The deploying officer should shout "Taser, Taser,"
prior .to or during the actual firing of the weapon to reinforce with all on -scene officers that a
less lethal weapon is being deployed.
Proper consideration and care should be taken when deploying the Taser X26. Personnel shall
not use the Taser X26 in the following manner and circumstances:
1. Never aim the Taser X26 at the eyes or face.
2. Never hold the Taser X26 in one hand and your service weapon in the other.
3. Do not fire the Taser X26 near flammable liquids and fumes. The Taser X26 can ignite
such flammables.
4. Do not fire the Taser X26 at a subject if you have reason to believe that the subject has
been exposed to flammable liquids.
5. Do not fire the Taser X26 if the subject is in an elevated position or in other
circumstances where a fall may cause substantial injury or death.
6. Do not fire the Taser X26 if the subject is in an area where he/she could fall into a pool
of water, river, or other body of water.
7. Do not fire the Taser X26 if the subject is obviously a pregnant female.
The Taser X26 shall never be used punitively or for purposes of coercion. It is to be used as a
way of averting a potentially injurious or dangerous situation. The Taser X26 shall not be used
against:
1. Passive demonstrators
2. Handcuffed subjects
3. Subjects detained in a police vehicle
If practical, personnel preparing to deploy the Taser X26 should have at least two additional
officers available to cover the subject with conventional firearms, in the event the deployment
is unsuccessful and the subject engages in a lethal force assault. An arrest team should also be
present in order to immediately take the subject into custody following the successful
deployment of the Taser X26. Consideration should be given in designating responsibilities as
follows:
1. One officer to deploy the Taser X26.
2. Have a second officer armed with a second Taser X26 in the event the initial cartridge
misses the target or fails to function properly. If a second officer with a Taser X26 is
not available, the primary officer deploying the Taser X26 should be prepared to fire a
second cartridge.
3. Protection officer(s) prepared to deliver appropriate force cover option(s).
4. Officers shall adhere to the mobile video camera policy when a Taser X26 is deployed.
TACTICAL USE
When practical, prior to or immediately after firing the Taser X26, the officer discharging the
Taser shall:
1. Communicate to other officers at the scene or arriving officers that the Taser X26 is
going to be deployed or has been deployed.
2. Notify the Communications Center of the intended use or use of the Taser X26.
3. Communications personnel shall notify the on -duty field supervisor or Watch
Commander and broadcast that a Taser X26 will be deployed or has been deployed.
RESPONSIBILITIES AFTER TASER DEPLOYMENT AND MEDICAL TREATMENT
Any use or attempted use of a Taser X26 against a subject shall be immediately reported to the
on -duty Watch Commander or Field Supervisor when practical: Once the Taser X26 has been
deployed and the subject has been restrained, the handling officer and on -duty supervisor will
ensure that the following medical treatment procedures are followed.
I. Request Vernon Fire Department Paramedics to respond to the scene to provide medical
aid if necessary. Officer(s) shall advise the paramedics or medical room staff that the
person was stunned by the Taser X26 and relate approximate time the action occurred.
2. Unless unsafe to do so, ensure photographs and/or video are taken of obvious probe
impact sites and all injuries associated with the deployment of the Taser X26.
3. Transport the person to Stacy Medical Center for a pre -booking physical and removal of
the Taser probes.
4. Ensure any discharged cartridges, probes, and samplings of AFID (Anti -Felon
Identification) "microdots" that are discharged with the probes are photographed and
collected for evidence.
5. Ensure probes are handled and booked as bio-hazardous objects.
6. Ensure the serial number of the Taser X26 and cartridge(s) used are included in the arrest
and/or incident report.
7. When a person who is stunned by the Taser X26 is booked into jail, the transporting
officer shall notify jail personnel staff that the Taser X26 was used.
8. On -duty jail personnel should report immediately to the on -duty supervisor any ill feeling
of a prisoner who has been stunned by the Taser X26 and ensure that medical attention is
provided.
9. Any accidental discharge of a Taser X26 shall be immediately reported to the on -duty
Watch Commander. Additionally, the circumstances surrounding the accidental
discharge of a Taser X26 cartridge shall be documented on an Incident Report.
REPORTING PROCEDURES
Personnel deploying the Taser X26 shall document the use and deployment in the arrest or
incident report.
Each time the Taser X26 is utilized outside of training or testing, the record of use is to be
downloaded from the weapon and a printed copy of the information is to be retained with the
arrest or incident report. The on -duty supervisor shall generate the weapon record report
using the computer station in the supervisor's office. The battery pack from the Taser must
be removed to insert the USB Port cable connection. Once the USB Port connection has been
installed, follow the on -screen downloading procedures to retrieve the record information.
EVIDENCE
Any Taser X26 cartridge that is expended (except during training) shall be collected and
booked into evidence. This includes the cartridge, wires, and probes. In addition, officers will
attempt to locate the multicolored "m icro-dots," which are dispersed at the time of the
cartridge firing.
G